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, please book a consultation with us to confirm your options.
Your Experience?
Please share your comments with me.
I’d love to know more about your experience with applying for citizenship!
92 Responses
Hello Mr. Nilesh!
I’ve applied for provisional visa under subclass 491. Can I bring my partner with me to Australia? We are not married, both never been married and both males. We’ve been together for years but never on the same roof since it is not allowed here in the middle east. We have pictures, phone calls and videos as proof if will be requested.
Hello! 👋
Thank you for reaching out. You may be able to include your partner in your provisional Subclass 491 visa application, even though you are not married and have not lived together due to circumstances in the Middle East. In Australian immigration law, de facto relationships can still be recognised, even if cohabitation hasn’t been possible. 📱💻
Proof of your relationship—such as pictures, phone call logs, and videos—can help demonstrate the genuine nature of your partnership. 💕 While each case is unique, it’s essential to show that your relationship meets the requirements of a de facto partnership under Australian law. This includes providing evidence of commitment and ongoing communication.
I recommend you book an appointment to discuss your specific situation in more detail and ensure you have the strongest possible case. You can use this link to schedule a time with me: [myvisa.com.au/appointment](http://myvisa.com.au/appointment) ✍️
Looking forward to helping you further! 😊
Regards,
Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
[myvisa.com.au](http://myvisa.com.au)