Absolute Citizenship –
The Nuts & Bolts:
In becoming an Australian citizen is indicates your desire to call Australia home and comes with many benefits. Including, the ability to:
- vote and seek election;
- work in the federal government and defence jobs;
- receive financial assistance for higher education;
- obtain Australian consular help while overseas;
- freely travel in and out of the country, as Australian citizens can remain outside Australia for an unlimited time and return without applying for a visa; and
- hold an Australian passport.
Whatever your motivator, becoming an Australian citizen is often a complex and time consuming process – that is where AR LAW SERVICES: Master Migration Lawyers can help – we cut red tape and help take the stress out of the process.
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.
Note well, that there could be an additional requirement if you claim that you were born overseas to at least one permanent resident parent who subsequently became an Australian citizen. We recommend speaking to one of our immigration lawyers for more tailored legal advice.
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 PR 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 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 and misleading material or citizenship application.
Criminal convictions in Australia or overseas may prevent you from applying for Australian citizenship by conferral.
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.
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.
You must score at least 75% on the test 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.
Difficult Citizenship case we have won:
Justice for a profoundly disabled autistic client who had failed to get a PR visa due to failing the Public Health Test. Health waiver
A great win that makes all the hard work worth it – it is not only an outcome that I am proud of given the original result I was appealing was so cruel and unfair, but am also pretty proud of the brilliance of the legal argument that won the day!
I was approached last year by a father who was desperately looking for assistance. His permanent visa was going to be refused due to his child had failed the health requirements set out in schedule 4 of the migration law. The child is profoundly autistic. He is a lovely kid just completely closed off to the outside world – a true tragedy . Consequently the law holds that if anyone in the family failed the health test – NO ONE IN THE FAMILY GETS THE VISA!
Now fortunately the combination of a change in the law – their country of origin and they came to me, I was able to circumvent (lawfully) the health issue and file directly for Citizenship.
This not only save the clients time and money – they were advised by a migration agent to appeal and try to have the minister intervene – this was bad advice and would be very unlikely to succeed. Not to mention how much money the agents bad advice would have cost the desperate client.
Fortunately, the client sought me out, not only saving him time and money but most importantly secured a life in Australia as an Australia Citizen!
So if you or anyone you know has had a visa refused or cancelled due to poor health or bad character to to us!
And Remember – if you are in this position because of your agent…
WE SUE DODGY (Fraudulent, dishonest bad) agents
For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page