Are you eligible for Australian Citizenship?
How to become an Australian citizen? To meet the general residence requirement for citizenship, you must have been living in Australia lawfully for a period of four (4) years and at least one (1) year as a Permanent Resident immediately before making an application.
All temporary visas, such as visitor visas, student visas, employer or partner-sponsored visas and all classes of bridging visas, can be counted towards the four years lawful residence period.
You may be absent from Australia for up to twelve (12) months within the four (4) years immediately before applying. However, the absence period cannot be counted unless you have already been present in Australia before.
Furthermore, you may be absent for up to ninety (90) days within the twelve (12) months of permanent residence immediately before applying. However, that’s on the proviso you return to Australia as a permanent resident.
Can I apply if my work requires overseas travel?
It is possible to meet a special residence requirement if you have work that requires you to travel regularly for at least two years before applying for Australian citizenship.
To meet this Australian citizenship criterion you must
- ordinarily resident in Australia, with the last 12 months as a permanent resident of Australia
- present in Australia for at least 480 days in total, with at least 120 days of this being during the last 12 months immediately before applying
- not have been present in Australia as an unlawful non-citizen.
Contact us if you require any assistance with your application.
FAQ: Australian citizenship for children 15 years or younger.
Question:
Hi Nilesh
Thanks for time. I came in Australia 2007, then change to spouse visa , my wife did hairdressers course and we lodged TRA in 2009 and refused in 2010 under PIC (4020) circumstances and my first child born in 2010 and after long time we won the battle in 2019 and now we are on 485 visa till 26May2021 ,and under 10year child rule my son granted Australian citizenship and i have another child he is 2 year old .we are seeking best advise for your experience to settle permanently in Australia.Regards
Answer:
Your options include making an application for Ministerial Intervention as you already have a decision of the tribunal in hand, although I noticed that it was handed down some time ago.
There is no time limit for making an application for ministerial intervention after the AAT decision.
This is the key to accessing the Minister’s power for the Minister to consider exercising his powers based on the fact that you have an Australian citizen child.
Even though your child is an Australian citizen, the child is less than 18 years old and cannot usually sponsor parents for any parent visas unless there is a relative or guardian who is either an Australian citizen or permanent resident or eligible New Zealand citizen. Other eligibility criteria also may be relevant.
When you are ready to get specific advice about your circumstances, pleasebook a consultationwith us to confirm your options.
Your Experience?
Please share your comments with me.
I’d love to know moreabout your experience with applying for citizenship!
95 Responses
Hi Nilesh,
Been leaving on Bridging visa subclass 050 for the past 6 years. Will this visa can led to PR and if not what substantive visa can I change to? Please advise. thank you.
E.T.
Thank you very much for your post and your patience. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps.
1. A Bridging Visa “E” Class (Subclass 050) will not itself lead to any a permanent residence visa.
2. Do you have a section 48 bar or other impediment to lodging a valid application?
3. What is the basis of the bvE and is there any substantive visa application that has not yet been finally determined (decided)?
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Hi Nilesh – I think my sister-in-law’s circumstance would be reasonably common, but I haven’t seen it directly addressed.
She was in Australia from July 2019 on a 600 (12 month single entry) visa.
In Jan 2020 she was told she had to leave Australia for a decision to be made on her 309/100 application. Immediately on leaving Australia, she was granted the 309 visa and then straight away the 100 visa. She returned to Australia in the 100 visa within a week.
Does her time in Australia from July 2019 count towards residency requirement for citizenship, or does the small period from when she left Australia (thereby cancelling the 600 visa) until she arrived back on the 100 visa mean the clock was reset and she can’t apply for citizenship until Jan 2024?
Thanks!
Hi I have urgent doubt regarding my case.
I am permanent resident of Australia. I have entered in July 2018 as student. And I got my PR in Feb 2023. But I travelled to India in last march 2023. Now I have no plan to go back Australia at least for next 18 months.
I have doubt that if I have go back after 2 years. Are we eligible for citizenship after staying one continue in Australia two years later???
Urgent reply please
I am NZ citizen who will be eligible to apply citizenship from 01/07/23. My questions is how long the process will be for Brisbane area approximately. Is that ok to apply and travel out of Australia for 6 months. Will my application on hold if I can show them that I am still working remotely for Australia company, have property and an active bank account. I see some people get invitation for interview while they are offshore, is that possible if applying through conferral. Thanks
I am a New Zealand citizen living in Australia under special category 444 visa since 2009.
I have sponsored my mother under 461 visa and she is living in Australia with me since 2009, her 461 visa has been renewed 3 times since then.
With recent changes in Australian citizenship rules, if I apply and get Australian citizenship, I will become dual citizen of both countries.
Under these circumstances can I still apply for renewing her 461 visa as I am still a New Zealand citizen and living in Australia.
Or will I loose this 461 visa for my mother.
Please clarify, as she is not eligible for parent visa available for Australian citizens and I don’t want to loose eligibility for 461 visa.
Hi, thank you for your time. I am currently on a RRV (Resident return visa). As a child I lived in Australia for 9 years as a PR. My family traveled a lot and I have been a resident on and off for the last 20 years applying for the RRV at times I have returned to Australia. In total I must have lived in Australia as a PR for about 12 years (I am 32). I am currently here as a PR on a RRV since dic 2021.
My question is do I still have to wait 4 years to apply for citizenship, or does the time I spent here as a Child count towards these 4 years.
Hi I applied for permanent residency and have been on bridging visa since november of 2021, I was wondering am i eligible to sponsor my partner with a partner visa?