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CITIZENSHIP APPLICATION

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Australia, the lucky country. With 29.8% of the Australian population born overseas, who wouldn’t want to move to or visit this beautiful country of sweeping plains and contrasts. This year the Australian passport has been ranked as the sixth most powerful passport in the world. If you need help moving to or visiting our great country, contact our office for a free initial consultation from one of immigration experts.

A woman holds an Australian flag aloft.
Citizenship and immigration are Commonwealth matters, governed by the Department of Home Affairs (previously known as the Department of Immigration) in accordance with the Citizenship Act 2007 (Cth) and the Migration Act 1958 (Cth). The Department is responsible for all citizenship and immigration decisions, however, these decisions can be appealed.

Citizenship Categories

There are a number of ways you can be become an Australian citizen.

Eligibility requirements

  • Be a permanent resident or a New Zealand citizen
  • Be in Australia when your application is submitted and the decision is made
  • Have spent time in Australia and know about the country
  • Intend to live in Australia, or maintain a lasting link with Australia while overseas

Cost

  • There is a cost to apply to be a citizen. The current fee is $285, however, children under the age of 15 can apply for free. 

Processing times

  • From the date of application to approval, the processing time is 14 to 16 months.
  • From the date of application to ceremony, the processing time is 18-21 months.

Eligibility requirements

  • Be over the age of 60 years of age 
  • Be a permanent resident or eligible New Zealand citizen when you apply and when the decision is made about your application
  • You intend to live in Australia or maintain a lasting link with Australia while overseas.

Cost

  • An application fee applies. The current fee is $180, however, a $20 concession fee is available for concession holders.
  • Children of applicants under the age of 16 can apply for free.

Processing time

  • From the date of application to approval, the processing time is 14 months to 16 months
  • From the date of application to ceremony, the processing time is 18-21 months.

Eligibility requirements

  • Be over the age of 60 years of age 
  • Be a permanent resident or eligible New Zealand citizen when you apply and when the decision is made about your application
  • You intend to live in Australia or maintain a lasting link with Australia while overseas.

Cost

  • An application fee applies. The current fee is $180, however, a $20 concession fee is available for concession holders.
  • Children of applicants under the age of 16 can apply for free.

Processing time

  • From the date of application to approval, the processing time is 14 months to 16 months
  • From the date of application to ceremony, the processing time is 18-21 months.
A child holds the Australian flag.

Australian citizenship application process

  1. Make sure your eligible
  2. Prepare and copy your supporting documents such as birth certificate, change of name certificates, marriage certificates, passports, etc. Ensure that these certificates have been officially translated into English if necessary. You may be required to have copies of your documents certified.
  3. Complete the application form
  4. Lodge your application
  5. Attend your appointment with the Department of Home Affairs 
  6. Complete the citizenship test
  7. Wait for the outcome
  8. Receive the decision
  9. Appeal the outcome if necessary
  10. Attend the citizenship ceremony

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Citizenship Test Requirement

The citizenship test assesses your English language skills and knowledge about Australia and Australian citizenship. Citizenship applicants between the ages of 18 and 59 will be required to satisfactorily complete the test. The topics covered include:

arrow   Australia and its people

arrow   Australia’s democratic beliefs, rights and liberties

arrow   Government and the law in Australia

arrow   An understanding and commitment to Australian values based on freedom, respect and equality.

You MUST correctly answer all five questions about Australian values and receive an overall mark of 75% overall to pass the test.

Citizenship Ceremony

If you are over the age of 16 at the time of your application and you do not have a permanent or enduring disability, you MUST attend the citizenship ceremony to pledge your allegiance to Australia. 

You have 12 months from the date of your citizenship approval to attend a citizenship ceremony. If you fail to attend, your application may be reviewed and your citizenship approval revoked. 

The ceremony takes approximately two hours. The order of proceedings are:

arrow   A formal introduction

arrow   Speeches

arrow   Address to participants

arrow   The pledge

arrow   National Anthem

Visa Categories

If you are not ready to become an Australian citizen or you don’t intend to migrate to Australia, you will be required to apply for a visa. There are six visa categories with multiple sub-categories. It is essential that you apply for the correct visa to prevent being deported. They are outlined below. For further information about each sub-category, contact our team for a free initial consultation.

Working and Skilled Visas (Work visas)

arrow   Business Innovation and Investment (Permanent) Visa

arrow   Business Innovation and Investment (Provisional) Visa

arrow   Business Owner

arrow   Business Talent (Permanent)

arrow   Distinguished Talent Visa

arrow   Global Talent Visa

arrow   Employer Nomination Scheme

arrow   Investor Visa

arrow   Permanent Residence (Skilled Regional) Visa

arrow   Regional Sponsored Migration Scheme

arrow   Skilled Employer Sponsored Regional (Provisional) Visa

arrow   Skilled Independent Visa

arrow   Skilled Recognised Graduate Visa

arrow   Skilled Regional (Provisional) Visa

arrow   Skilled Regional Visa

arrow   Skilled Work Regional (Provisional) Visa

arrow   State or Territory Sponsored Business Owner Visa

arrow   State or Territory Sponsored Investor Visa

arrow   Temporary Activity Visa

arrow   Temporary Graduate Visa

arrow   Temporary Work (International Relations) Visa

arrow   Temporary Work (Short Stay Specialist) Visa

arrow   Temporary Skilled Shortage Visa

Sponsorship may apply to skilled workers, provided you are unable to find an Australian citizen or permanent resident qualified to do the job. For further information on whether sponsorship is an option for business, contact our team for a free initial consultation.

Studying and training visas

arrow   Student Visa

arrow   Student Guardian Visa

arrow   Training Visa

Refugee and humanitarian visas

arrow   Global Special Humanitarian

arrow   Protection Visa

arrow   Refugee Visa

arrow   Temporary Protection Visa

arrow   Safe Haven Enterprise Visa

Visitor visas

arrow   Electronic Travel Authority

arrow   Evisitor 

arrow   Transit Visa

arrow   Visitor

arrow   Work and Holiday Visa

arrow   Working Holiday Visa

Family and partner visas

arrow   Adoption Visa

arrow   Aged Dependent Relative Visa (Subclass 114)

arrow   Aged Dependent Relative Visa (Subclass 838)

arrow   Aged Parent Visa

arrow   Carer Visa (Subclass 836)

arrow   Carer Visa (Subclass 116)

arrow   Child Visa (Subclass 101)

arrow   Child Visa (Subclass 802)

arrow   Contributory Aged Parent (Temporary) Visa

arrow   Contributory Aged Parent Visa

arrow   Contributory Aged Parent Visa

arrow   Dependant Child Visa

arrow   New Zealand Citizen Family Relationship (Temporary) Visa

arrow   Orphan Relative Visa (Subclass 117)

arrow   Orphan Relative Visa (Subclass 837)

arrow   Parent Visa

arrow   Partner (Provisional and Migrant) Visa

arrow   Partner Visa

arrow   Prospective Marriage Visa

arrow   Remaining Relative Visa (Subclass 115)

arrow   Remaining Relative Visa (Subclass 835)

arrow   Sponsored Parent (Temporary) Visa

Other visas

arrow   Bridging visa

arrow   Crew Travel Authority Visa

arrow   Former Resident Visa

arrow   Maritime Crew Visa 

arrow   Medical Treatment Visa

arrow   Resident Return Visa

arrow   Special Category Visa

arrow   Special Purpose Visa

arrow   Investor Retirement Visa

arrow   Confirmatory (Residence) Visa

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Visa application process

  1. Find the appropriate visa category to apply for
  2. Ensure that you are eligible to apply for the visa selected
  3. Ensure you provide copies of any necessary supporting documents e.g. birth certificate, passport, marriage certificate, etc.
  4. Complete and lodge your application form
  5. Lodgement of a visa application requires payment of a fee
  6. Wait for the decision
  7. Receive the decision
  8. Lodge an appeal if necessary

Immigration Lawyers vs Migration Agents

Most Australian Immigration Lawyers are also Registered Migration Agents. 

Immigration Lawyers

  • Have completed a Law Degree
  • Are registered with the Law Society of their state or territory. That means they are bound by professional standards legislation.
  • Are registered with the Legal Admissions Board
  • Are registered with Migration Agents Registration Authority (MARA) who have a code of conduct that agents must comply with
  • Can assist and advise across all immigration matters and appeals to the Administrative Appeals Tribunal, Federal Court, Federal Circuit Court and the High Court

Migration Agents

  • Have completed a certificate or diploma in Migration Law
  • Registered with Migration Agents Registration Authority (MARA) who have a code of conduct that agents must comply with
  • Can advise and assist on Visa applications and merit reviews, however, they CANNOT advise or assist on court appeals.
Disclaimer

The above is general legal information and should not be considered legal advice. You should speak with one of our migration lawyers for legal advice tailored to your specific legal matter. The courts and tribunals deal with matters on a case by case basis. It should also be noted that there may be delays due to COVID-19.
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Immigration Law: Key Updates and Resources

FAQs

Frequently Asked Questions.

The Minister for Home Affairs can revoke your citizenship attained through application or conferral for the following reasons:

Being convicted of having made a false statement or concealed a material circumstance in connection with the citizenship application;

Citizenship was granted as a result of migration-related fraud;

Citizenship was approved as a result of migration-related fraud by a third party;

Being convicted of an offence and sentenced to 12 months imprisonment (where the offence took place before citizenship was granted);

If parents lose their citizenship (except by death), their children under the age of 18 will may also lose their citizenship;

If you are over the age of 14 and you have dual citizenship, you renounce your citizenship by acting inconsistently with your allegiance to Australia by engaging in activities associated with terrorist offences;

By serving in the armed forces of another country who is at war with Australia.

If your citizenship has been revoked, you may be able to appeal the revocation in the Administrative Appeals Tribunal. For further information, contact our Immigration Law team for a free initial consultation.

If you are an Australian permanent resident, you do not have an automatic right to re-enter Australia if you leave. Depending on the terms of your permanent residence, you may be required to apply for a Resident Return Visa. It permits you to travel in and out of Australia as many times as you like before its expiry. It is valid for five years.

Becoming an Australian citizen entitles you to many opportunities that are not available to Visa holders and permanent residents. These include:

Voting in federal, state/territory elections and referendums

Apply for children born overseas to become Australian citizens

Apply for a job in the Australian public service and Defence Force

Seek election to Parliament 

Apply for an Australian passport and freely re-enter Australia

Ask for Australian consular assistance while overseas

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