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Australian Citizenship

The final step in your Australian journey.

Nilesh Nandan

Immigration Lawyer · BBus(Accy) LLB MBA · Last updated March 2026

Overview

Australian citizenship is the ultimate goal for many migrants. It gives you the right to vote, access to an Australian passport, and the security of permanent belonging. I guide clients through the eligibility assessment, application preparation, citizenship test preparation, and any complex issues that may arise during the process.

To be eligible for Australian citizenship by conferral, you generally need to have been a permanent resident for at least 12 months and have been lawfully present in Australia for at least four years (including the 12 months as a permanent resident) in the four years immediately before applying. You must also be of good character, have a basic knowledge of the English language, and have an adequate knowledge of Australia and the responsibilities and privileges of citizenship.

The citizenship test covers topics including Australia's democratic beliefs, laws, and government, as well as Australian values and the responsibilities of citizenship. I can help you prepare for the test and address any concerns about the English language requirement.

Complex citizenship cases may involve character concerns (criminal records), extended absences from Australia, issues with the residence requirement, or applications for citizenship by descent. I have experience handling all of these situations and can advise on the best approach for your specific circumstances.

Key Facts

Residence Requirement4 years lawful presence, including 12 months as PR

Application Fee$490 (as at March 2026 — verify on DHA website)

Citizenship Test20 multiple-choice questions, 75% pass mark

Processing Time12–18 months (varies)

Good CharacterRequired — criminal records assessed

How I Work — Step by Step

Eligibility Check

I assess your residence history, character, and other requirements against the citizenship criteria.

Application Preparation

I prepare your application with all required documents and evidence.

Test Preparation

I help you prepare for the citizenship test if required.

Lodgement & Follow-up

I lodge the application and manage any requests for additional information.

Ceremony

Once approved, you attend a citizenship ceremony to make the Australian Citizenship Pledge.

What I Do

Assess your eligibility for Australian citizenship, including residence and character requirements
Prepare your citizenship application with all required documentation
Advise on the citizenship test and help you prepare
Handle complex cases involving criminal records, character concerns, or extended absences
Represent you if your citizenship application is refused or delayed
Advise on citizenship by descent for children born overseas to Australian citizens

Who Is This For?

›Permanent residents who have met the residence requirements and wish to become citizens
›Applicants who are unsure of their eligibility due to absences or other factors
›Applicants with character concerns or criminal records
›Parents seeking citizenship by descent for children born overseas
›Applicants whose citizenship application has been refused or delayed

Recent Case Outcome

I recently assisted a client whose citizenship application was refused due to a criminal record from over a decade ago, which raised concerns under the 'good character' test. We lodged an appeal with the Administrative Review Tribunal (ART), where I presented detailed evidence of the client's rehabilitation, extensive community involvement, and strong family ties in Australia. The ART was persuaded that the past offences were not indicative of the client's current character and set aside the Department's decision, paving the way for them to become an Australian citizen.

* Details anonymized to protect client confidentiality.

Common questions about

How long do I need to live in Australia before applying for citizenship?+

Generally, you need to have been lawfully present in Australia for four years, including at least 12 months as a permanent resident, in the four years immediately before applying. Absences from Australia during this period may affect your eligibility.

Will a criminal record prevent me from getting citizenship?+

Not necessarily. The Department assesses your character as part of the citizenship application. Minor offences may not prevent citizenship, but serious criminal convictions can. I can assess your specific situation and advise on whether your criminal record is likely to be an issue.

Can my children become Australian citizens?+

Children born in Australia to at least one Australian citizen or permanent resident parent are automatically Australian citizens. Children born overseas to Australian citizen parents may be eligible for citizenship by descent. I can advise on the specific requirements for your family.

What can I do if my Australian citizenship application is refused on character grounds under Section 21?+

If your citizenship application is refused based on the character grounds detailed in the *Australian Citizenship Act 2007*, it can be a distressing experience. I've handled many such cases. The Department of Home Affairs assesses character broadly, considering past criminal convictions, associations, and any other behavior that indicates you may not be of 'good character'. However, a refusal is not the final word. I can help you apply for a review of the decision with the Administrative Review Tribunal (ART). My role is to prepare a comprehensive submission that provides evidence of your rehabilitation, your positive contributions to the Australian community, and why you do, in fact, meet the character requirement. We gather strong supporting documentation and character references to present a compelling case to the Tribunal. It's a complex process, but with 27 years of experience in immigration law, I am adept at navigating the ART and have a strong track record of achieving successful outcomes for my clients in these specific matters.

I am a permanent resident and have applied for Australian citizenship. Can I travel overseas while my application is being processed?+

This is a frequent and important question. While you can travel overseas after lodging your citizenship application, there are critical considerations. Under the *Australian Citizenship Act 2007*, you must generally be in Australia at the time the Department makes a decision on your application. If you are offshore when they are ready to decide, your application could be refused. While there are some limited exceptions, it is a significant risk. Furthermore, your travel will not count towards the residence requirement for any future applications if this one is unsuccessful. My advice is to keep any travel brief and to inform the Department of your travel dates. I always counsel my clients to minimise overseas travel during this period to avoid any potential complications or delays. If you have an urgent need to travel for an extended period, it is best to discuss your specific circumstances with me so we can devise the safest strategy.

Your Visa Was Refused — What Now?

I wrote a free guide covering the 5 most common refusal reasons, your appeal options, and the deadlines you cannot miss. It is the same advice I give clients in their first meeting.

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The information on this page is general in nature and does not constitute legal advice. Thoughts only — not legal advice.