Australian Citizenship & ‘Exceptional People’ Rule
There are a number of avenues to becoming an Australian citizen. The one thing they all have in common is that an applicant cannot leave Australia for more than 12 months in the four years prior to lodging their application and an applicant must be in Australia when the determination is made.
It was recently announced by the Australian Immigration Minister Alex Hawke that changes to citizenship rules are on foot for “exceptional people”. This announcement came after public pressure on the Minister in the wake of Wallabies Quade Cooper’s game-winning kick. Quade Cooper is a New Zealand citizen who moved to Australia at the age of 14. He had reportedly applied for citizenship previously.
The Minister’s reasoning for this rule amendment is that “exceptional people” such as athletes are often required to leave Australia in pursuit of their craft. Therefore, they are disadvantaged while representing the county.
While it is admirable that the Immigration Minister wants to acknowledge the contributions of these “exceptional people”, one can’t help but wonder what wonderful contributions Australia is missing out on from those who don’t make the sports page of the newspaper.
If you are planning on applying for Australian citizenship, contact our Immigration team for a free initial consultation.
Key points at a glance
- Residence requirement: Applicants for citizenship by conferral generally need 4 years lawful residence (including 12 months as a permanent resident) with no more than 12 months total outside Australia in that 4-year period, and no more than 90 days outside Australia in the final 12 months. See Department of Home Affairs – eligibility.
- Location at decision: For most conferral applicants you must be in Australia when the application is decided. See Home Affairs guidance on applying and decisions.
- Special or “exceptional” pathways: Policy settings can allow special residence requirements (e.g., certain elite athletes, seafarers or people working in specified occupations). Always check the latest criteria before applying.
Useful links & non-legal resources
- Home Affairs: Become an Australian citizen
- Citizenship test & interview
- Citizenship forms & checklists
- Sport Australia (Australian Sports Commission) – information for elite athletes and programs
We can help
Considering citizenship or unsure whether a special residence pathway might apply to you? Our immigration team advises on eligibility, evidence and timing. Explore Immigration services or call (02) 8806 0866 for a free initial consultation.
