Summary
- To obtain Australian citizenship, applicants must meet residency requirements, pass a citizenship test, and demonstrate good character.
- Businesses sponsoring or employing foreign nationals should understand how citizenship pathways may affect their workforce planning and long-term staffing arrangements.
- Employers should be aware that permanent residency is typically a prerequisite for citizenship, which has implications for visa-dependent employees.
- This article is a plain-English guide to Australian citizenship requirements, aimed at business owners operating in Australia, prepared by LegalVision, a commercial law firm that specialises in advising clients on immigration and workforce matters.
- LegalVision’s business lawyers have outlined the key eligibility criteria and processes to help businesses understand how citizenship law may affect their people and operations.
Tips for Businesses
Review the visa and residency status of key employees regularly. If staff are on pathways to permanent residency or citizenship, factor these timelines into workforce planning. Ensure employment contracts and sponsorship obligations remain compliant as employees transition between visa stages.
Becoming an Australian citizen is one of the most significant legal steps a person can take when making Australia their permanent home. It unlocks a range of rights and privileges unavailable to temporary residents or permanent visa holders. Whatever your motivator, becoming an Australian citizen can be an exciting event. However, the process is often long and draining. This article will discuss the requirements for becoming an Australian citizen.
Sponsoring overseas workers as an Australian business is complicated. Let us simplify it for you with this free employer guide.
Australian Citizenship by Birth
If you are born in Australia, and one or both of your parents are Australian citizens or permanent residents of Australia, you most likely acquired Australian citizenship.
There is no particular application requirement for this pathway. As you are born in Australia to at least one Australian citizen or permanent resident, you most likely would have been issued a birth certificate showing this information.
Australian Citizenship by Descent
If you are born overseas to at least one Australian citizen or permanent resident parent, this could be a citizenship pathway for you. However, there are two general requirements:
- you must have at least one Australian citizen or permanent resident parent; and
- you must be of good character if you are 18 years or above. The character requirement is discussed further below.
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Australian Citizenship by Grant
If you are a non-citizen of Australia, you can apply to become an Australian citizen. The most important requirements of obtaining Australian citizenship by grant or conferral are that you must:
- be aged over 16;
- be the holder of a valid permanent resident permit;
- obtain a police check;
- meet the residency requirements;
- pass the Australian citizenship test and demonstrate sufficient English language skills;
- demonstrate integration into the Australian community and an intention to continue living in Australia or to maintain a close relationship with Australia; and
- currently live in Australia.
Children under 16 do not need to meet the residency requirements and may be included in the parents’ application, provided the child is a permanent resident.
Character Requirements
Applicants over 18 must be of good character. This generally refers to the ‘enduring moral qualities of a person’. Suppose a person is found to be of good character. In that case, the Department of Home Affairs considers that they are likely to uphold and obey the laws of Australia and other commitments made during the citizenship pledge. For example, in determining whether you are a person of good character, the Department will likely consider:
- any criminal convictions;
- obligations you may have to a court in Australia or overseas;
- your association with people of concern;
- incidents of reported domestic violence; and
- whether you have been honest in your dealings with the Australian community, including providing false or misleading information concerning a visa or citizenship application.
Residency Requirements
To become an Australian citizen, you must have continuously and legally lived in Australia for at least the last 4 years. In those 4 years, you must have been a permanent resident for the 12 months immediately preceding your citizenship application. In addition, you must not have been absent from Australia for more than 12 months during those 4 years. Further to this, you must not have been absent from Australia for more than 90 days in the last year.
Interestingly, there are certain exemptions around the general residence requirement. However, they only apply to a select few, such as:
- ship crew members;
- high-ranking officials of an ASX All Australian 200 listed companies; or
- a holder of a Distinguished Talent visa or Global Talent visa.
In these instances, you are only required to have been in Australia for 480 days in the last four years and be present for at least 120 days for the 12 months immediately preceding your citizenship application.
Suppose you were absent for several months and wonder how that will affect your citizenship application, or you think the special residence requirement applies to you. In that case, we recommend speaking to one of our immigration lawyers.
Citizenship Test
To be eligible for Australian citizenship, you must demonstrate that you understand what it means to be an Australian citizen. Therefore, you must take a citizenship test. During the test, you must show that you have the following:
- a basic knowledge of the English language;
- an understanding of what it means to become an Australian citizen;
- adequate knowledge of Australia and the responsibilities and privileges of citizenship; and
- an understanding and commitment to Australian values based on freedom, respect and equality.
The test is a computer-based multiple-choice test with 20 questions in total. The cost of the citizenship test is included in your citizenship application fee.
You must score at least 75% on the test (15 out of 20 questions) and correctly answer all five questions on Australian values to meet the knowledge requirements for gaining citizenship. In addition to the citizenship test, you must also meet the English language requirement.
Tips for Success
1. Prepare for the Test
The primary study material for the citizenship test is the official resource ‘Australia Citizenship: Our Common Bond’. This booklet covers all the subject matter information test takers need to know for the test, with four distinct sections titled:
- Australia and its people;
- Australia’s democratic beliefs, rights, and liberties
- Government and the law in Australia; and
- Australian values that cover all testable information.
The test is conducted in English, but this booklet is available in 40 community languages.
Furthermore, the Our Common Bond podcast serves as a valuable audio resource, summarising the key points from the booklet ‘Australian Citizenship: Our Common Bond’. It has 5 episodes, including an introduction, each focusing on each section of the booklet.
In addition, practice tests are available online to help you prepare for the citizenship test.
2. Seek Support
Engage with community groups and local study groups in your area, participate in online forums and social media groups dedicated to Australian citizenship test preparation or seek assistance and support from legal advisors throughout the process.
3. Stay Informed
Keep up-to-date with any changes in immigration laws or citizenship test requirements by regularly checking official government resources, engage with your local community to better understand Australian values and way of life
Close and Continuing Link to Australia
As part of the application process, you must also demonstrate that you intend to make a long-term commitment to Australia and maintain a close and continuing link to the country while overseas. The Department of Home Affairs may consider the following when determining whether you have a close and continuing link to Australia:
- a child who is an Australian citizen;
- a partner who is an Australian citizen and the length of your relationship;
- whether or not you are present in Australia while the citizenship application is being processed;
- extended family in Australia;
- a bank account in Australia;
- a job in Australia;
- paid income tax in Australia; and
- property in Australia.
Citizenship Ceremony
If you meet the requirements of Australian citizenship and your application is approved, you will be invited to attend a citizenship ceremony within 12 months. You are not an Australian citizen until you have attended your ceremony. Citizenship ceremonies are usually organised by local government councils, and which council-hosted ceremony you will attend will be determined by your current residential address.
You will receive a letter of invitation from your local council or the Department of Home Affairs four weeks before the event. Your citizenship ceremony will generally be within six months of your application approval. During the citizenship ceremony, you must make the Australian Citizenship pledge. The pledge is a public commitment to Australia and shows that you accept the responsibilities and privileges of citizenship.
Key Takeaways
Becoming an Australian citizen is a lengthy but rewarding process. Therefore, there are many requirements you must meet to be eligible for citizenship. For example, these include being of good character, meeting residency requirements, passing a citizenship test, and having a close and continuing link to Australia.
If you need assistance seeking Australian citizenship, our experienced immigration lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
Among other things, Australian citizenship allows you access to an Australian passport, the ability to vote and run for candidacy, and free travel in and out of the country.
You must have lived in Australia for the past four years before applying for citizenship. Additionally, you must not have been absent for more than 12 months in those four years. Furthermore, you must not have been absent for more than 90 days in the last year of those four years.
You must score at least 75% (15 out of 20 questions) on the test and correctly answer all five questions on Australian values to pass the Australian citizenship test.
Yes, if your citizenship application is approved, you must attend a citizenship ceremony and make the Australian citizenship pledge to become an Australian citizen.
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