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!
95 Responses
Hi Nilesh
Does my time on my 400 visa and 408 visa counted on my 2years requirement to apply for a permanent residency? i just got my 482 visa last january 2024 it says that i need 2 years to apply for a permanent residency
Dear Patrick,
Thank you for your question.
Unfortunately, the time spent on your 400 and 408 visas does not count towards the two-year requirement for applying for permanent residency under the 482 visa pathway. The two-year period generally starts from the time you were granted your 482 visa in January 2024. You will need to complete two years under this visa before becoming eligible to apply for permanent residency.
If you’d like more detailed advice specific to your case, feel free to book a chat with me. We can review your situation and discuss your pathway to permanent residency. You can book an appointment here: MyVisa/appointment.
Regards,
Nilesh
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au
I just pass the citizenship test.
Then my pr expired on 25june.
I am going travel 24/june-3july.
Do I need to apply any visa .or it will grant my bridging visa?
Dear Ting,
Apologies for the delay in responding. While this reply may no longer assist with your specific travel dates, I hope it will be helpful for others in a similar situation.
Since your PR expired during your travel period, it would have been necessary to apply for a Resident Return Visa (RRV) to re-enter Australia, as bridging visas do not typically cover such circumstances. If you encountered any issues or still have concerns regarding your visa status, feel free to reach out for assistance.
You can always book a chat with me here: MyVisa/appointment.
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.
Regards,
Nilesh
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au
I got my citizenship last year. My son just recently got his PR when can I apply him to be citizen he is 13 yrs old.
Dear Kim,
Apologies for the delayed response, but I hope this answer is helpful to you or to others in a similar situation.
Since your son is now a permanent resident and you have already obtained your Australian citizenship, you can apply for his citizenship as soon as he meets the eligibility criteria. For children under 16 years of age, the citizenship application can be made on their behalf by a responsible parent. There is no minimum residency period required for children in these circumstances, as long as they are permanent residents and the parent is an Australian citizen.
You can proceed with his application for citizenship at this time.
If you have any further questions or need assistance with the application, feel free to reach out or book a chat with me here: MyVisa/appointment.
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.
Best regards,
Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au
If i was on a Bridging Visa E (WE-050) since 23 March 2015. And just got PR on 19 March 2024. When could I apply for citizenship?
Dear Sasi,
Apologies for the delayed response, but I hope this information will help you or others in similar situations.
To apply for Australian citizenship, you generally need to meet the residency requirements. This includes:
1. Having been lawfully present in Australia for at least four years immediately before applying, and
2. Having been a permanent resident for at least 12 months before applying.
Since you were granted permanent residency on 19 March 2024, you would likely be eligible to apply for citizenship on 19 March 2025, provided that your total time in Australia meets the four-year requirement and you meet all other criteria, including good character requirements.
If you would like more detailed guidance on your citizenship eligibility or the application process, feel free to reach out or book a chat with me here: MyVisa/appointment.
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.
Best regards,
Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au
Hi Nilesh,
My family is eligible to apply for Australian citizenship. My 18 year daughter needs to submit the 1300t form or the 1290 form as her application. A little confused over the information on the website.
Thank you
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.
Fiurstly you will need to fill out form 1300T, which is for applicants aged 18 and above.
Secondly, note the eligibility for applicants filling out form 1300T (attached) is:
-are aged 18 years or over and under 60
-are a migrant who is a permanent resident
-satisfy the residence requirement
-are likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia, and
are of good character.
Thirdly, Form 1290 (attached) is for people who:
-are aged 60 and over, or
-have a permanent or enduring physical or mental incapacity and are therefore not capable of sitting the Australian citizenship test, or
-have a permanent loss or substantial impairment of hearing, speech or sight that prevents you from sitting the Australian citizenship test.
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,
I have been in Australia since 1974 , I am 60 years of age still working , is is true its easier for people like me to become an Australian citizen ?
We have been here 50 years next year we would like to do it as a family we have been told its much more achievable and less expensive as we have been here so long , is that correct ?