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Australian citizenship is the final step for any applicant looking to live in Australia permanently as an Australian.

There are a number of ways applicants can apply for citizenship. Determining the right one for you depends on your eligibility.

You may be eligible for Australian citizenship if you are a:

Migrant who has obtained permanent resident status;
Spouse or partner of an Australian citizen;
Child of an Australian citizen or a former Australian citizen;
Refugee or humanitarian applicant;
Former Australian citizen looking to resume citizenship; or
Citizen of New Zealand.

You must also meet the following requirements to be eligible for citizenship:

Be a migrant who is a permanent resident;
Satisfy the residency requirement;
Reside, or continue to reside in Australia; and
Be of good character if you are 18 years of age or older.

The team at Immigration Solutions will aid applicants with the following:

Preparation and lodgement of citizenship applications for general eligibility
Preparation and lodgement of citizenship applications with Ministerial requests
Responding to character requisitions on citizenship applications
Citizenship resumption
Evidence of Citizenship
Find out more about our successful Citizenship cases.

How to Apply for Australian Citizenship

There are a number of steps in the Australian Citizenship application process. The first is to ensure that you are eligible to apply. There is only a limited number of ways for a person to become an Australian Citizen. The most common path to Australian Citizenship is through becoming an Australian Permanent Resident and satisfying the residency requirements. To satisfy the residency requirement, a permanent resident must have been living in Australia for at least four years, holding Permanent Resident Status the year immediately before applying. The Australian Permanent Resident must not have left Australia for a time totalling more than 365 days, in the 4 year period before the application is made. Other avenues to qualify for Australian Citizenship include, if an Applicant; was born overseas to a former Australian Citizen, arrived under the Commonwealth Child Migration Scheme, lost Australian Citizenship and wants to resume Australian Citizenship, is a child who is a non-Australian Citizen adopted by an Australian Citizen over 18 years old, is a child who was born overseas but has at least 1 Australian Citizen parent, a Refugee and Humanitarian entrant.

Once eligibility has been established, the next step is to complete and lodge the citizenship application. This can be done onshore in Australia or offshore. Some applications may be completed online, or by hard copy sent to the Department of Immigration and Border Protection Offices in Australia. It is important to ensure all required documents are included in the application.

Once the Department has received your citizenship application, a citizenship appointment will be scheduled. At the appointment, the Applicant will undergo identity verification and may be required to take the Australian Citizenship Test or have a citizenship interview.

The Citizenship Test is designed to assess whether the Applicant has adequate knowledge of Australia, including the responsibilities and privileges of Australian Citizenship. The test also determines the level of English that the Applicant possesses. The Citizenship Test requires a pass make of 75%. Some Applicants are exempt from sitting the test including those under the age of 18, over the age of 60 or do not have the capacity to sit the test.

Dual citizenship is also a consideration, if the law of the other country permits. Some countries do not recognise dual or multiple citizenship, however, since April 2002, dual citizenship has been permitted in Australia. Prior to 2002, if a person wanted to become an Australian Citizen, they had to renounce their previous citizenship.

1. Introduction to Citizenship in Australia

For most individuals who apply to come to Australia on a long-term basis, the end goal is to gain Australian citizenship.

Australian citizenship is a privilege that comes with many rewards. As an Australian citizen, you would be granted the opportunity to vote in elections and referendums, apply for your children who are born overseas to become Australian citizens, apply for an Australian passport and re-enter Australia freely, and ask for consular assistance from an Australian official while you are overseas, among others.

These privileges, along with Australia’s overall way of life, has made Australia an increasingly attractive place to become citizen of. In 1949, Australian citizenship was introduced via the Nationality and Citizenship Act 1948. At this time, 2,493 people from over 35 different nationalities became Australian citizens. 74 years later in the 2022-23 Financial Year, 192,947 people became Australian citizens from over 200 different nationalities became Australian citizens by conferral. Since its introduction in 1949, over 6 million people have become Australian citizens by conferral.

As of 30 April 2024, the Department of Home Affairs had 112,305 applications for Australian citizenship by conferral and 4,758 applications for Australian citizenship by descent.
During the month of April 2024, The Department received 17,367 applications for Australian citizenship by conferral and 1,551 applications for Australian citizenship by descent.

Being an Australian citizen also comes with a set of responsibilities. As an Australian citizen, you will need to obey Australia’s laws, vote in elections and referendums, defend Australia if the need arises, and serve on jury duty if you are called to do so.

The Australian citizenship ceremony is the very final step before being granted citizenship. During the ceremony, you will be required to make the Australian Citizenship Pledge. This pledge is a public commitment to Australia and a public acceptance of the privileges and responsibilities that come with being an Australian citizen.

At the citizenship ceremony, you will pledge the following:

your loyalty to Australia and its people
that you will share Australia’s democratic beliefs and respect its rights and liberties
to uphold and obey the laws of Australia

But before you are able to make your pledge at the citizenship ceremony, fulfil your responsibilities and enjoy your privileges of being an Australian citizen, you must submit the citizenship application and have it approved.

This article will become your comprehensive guide for everything related to Australian citizenship. This will include citizenship by conferral, citizenship by descent, resumption of citizenship, renouncing Australian citizenship, the standard of character requirements for citizenship, and loss of citizenship. Background information, requirements, current processing times and pricing will all be addressed below.

2. Citizenship by Conferral

Citizenship by conferral applies to different groups of people. It applies to permanent residents aged 18 to 59, which includes New Zealand citizens who hold a Special Category (subclass 444) visa. Children who are 16 or 17 can also apply for citizenship by conferral, while children who are 15 or under can apply with a responsible parent.

Under section 6 of the Australian Citizenship Act 2007 (Cth), a ‘responsible parent’ is someone who fulfils one of the four criteria- if they are the child’s parent (unless a Family Court order removes their parental responsibilities), or if they live with the child under a parenting order (whether or not they are a parent of the child), or if they have parental responsibilities for the child’s long term day-to-day care, welfare and development under a parenting order (whether or not they are a parent of the child), or if they have guardianship or custody over the child, jointly or otherwise, under Australian or foreign law ((whether or not they are a parent of the child).

For the purposes of the application for citizenship by conferral, a responsible parent can be an Australian citizen, a permanent resident or a non-citizen. For a responsible parent who is an Australian citizen, if they are living in Australia, consent from them is sufficient. If they are not living in Australia, they need to consent to the application, and both responsible parent and child need to have either an intention to live in Australia or to maintain a close and continuing link with Australia. A responsible parent who is in Australia only needs to consent to the application if they are a permanent resident and have met the residence requirement, but have decided not to apply for Australian citizenship themselves as they would lose their citizenship of another country. Finally, if a responsible parent is in Australia but not an Australian citizen, they need to be able to show that not becoming a citizen would cause the child significant harm of disadvantage.

Under Section 21(2) of the Australian Citizenship Act 2007 (Cth), the general eligibility requirements stipulate that for an individual to be eligible to become an Australian citizen, the Minister must be satisfied that the individual meets the following criteria-

18 years old or over at the time of the application
A permanent resident at the time of the application, and at the time the Minister decides on the application
Satisfies either the general residence requirement (Section 22) or the special residence requirement (Section 22A or 22B) or the defence service requirement (Section 23) at the time of the application
Understands the nature of an application
Has a basic knowledge of the English language
Has an adequate knowledge of Australia, and of the responsibilities and privileges relating to Australian citizenship
Likely to reside, or continue to reside, in Australia, or to maintain a close and continuing association with Australia if the application were approved
Is of good character at the time the Minister decides on the application

Section 21(3) of the Australian Citizenship Act 2007 (Cth) outlines the requirements for applicants with a permanent or enduring physical or mental incapacity. Based on this subsection, the Minister must be satisfied that the individual meets the following criteria-

18 years old or over at the time of the application
A permanent resident at the time of the application, and at the time the Minister decides on the application
Satisfies either the general residence requirement (Section 22) or the special residence requirement (Section 22A or 22B) or the defence service requirement (Section 23) at the time of the application
Has a permanent or enduring physical or mental incapacity at the time of the application. This means not being capable of understanding the nature of the application, or not being capable of demonstrating a basic knowledge of English, or not being capable of demonstrating an adequate knowledge of Australia, and of the responsibilities and privileges relating to Australian citizenship
Likely to reside, or continue to reside, in Australia, or to maintain a close and continuing association with Australia if the application were approved
Is of good character at the time the Minister decides on the application

Section 21(4) of the Australian Citizenship Act 2007 (Cth) outlines the requirements for applicants who are 60 years old or over, or have hearing, speech or sight impairment. Based on this subsection, the Minister must be satisfied that the individual meets the following criteria-

60 years old or older at the time of the application
18 years old or over at the time of the application and suffering from a permanent loss or substantial impairment of hearing, speech or sight at the time
A permanent resident at the time of the application, and at the time the Minister decides on the application
Understands the nature of an application at the time it was made
Satisfies either the general residence requirement (Section 22) or the special residence requirement (Section 22A or 22B) or the defence service requirement (Section 23) at the time of the application
Likely to reside, or continue to reside, in Australia, or to maintain a close and continuing association with Australia if the application were approved
Is of good character at the time the Minister decides on the application

Section 21(5) of the Australian Citizenship Act 2007 (Cth) outlines the requirements for applicants who are under 18 years old. Based on this subsection, the Minister must be satisfied that the individual meets the following criteria-

Under 18 years old at the time of the application
A permanent resident at the time of the application, and at the time the Minister decides on the application

Section 21(6) of the Australian Citizenship Act 2007 (Cth) outlines the requirements for applicants who are born to a former Australian citizen. Based on this subsection, the Minister must be satisfied that the individual meets the following criteria-

The applicant was born outside Australia
The applicant’s parent was not an Australian citizen at the time of the applicant’s birth
The parent ceased being an Australian citizen under Section 17 of the old Act relating to dual citizen before the applicant’s birth
If the applicant is over 18 years old at the time of the application, that they are a person of good character at the time the Minister decides on the application.

Section 21(7) of the Australian Citizenship Act 2007 (Cth) outlines the requirements for applicants who were born in Papua. Based on this subsection, the Minister must be satisfied that the individual meets the following criteria-

Was born in Papua before 16 September 1975
A parent of the applicant was born in Australia
The parent of the applicant was an Australian citizen at the time of the applicant’s birth
Is of good character at the time the Minister decides on the application

Section 21(8) of the Australian Citizenship Act 2007 (Cth) outlines the requirements for applicants who would otherwise be stateless. Based on this subsection, the Minister must be satisfied that the individual meets the following criteria-

Born in Australia
Not a national of any country and not a citizen of any country
Has never been a national of any country, and has never been a citizen of any country
Not entitled to acquire nationality of a foreign country, and is not entitled to acquire the citizenship of a foreign country

To become an Australian citizen by conferral, applicants must satisfy either the general residence requirement (Section 22) or the special residence requirement (Section 22A or 22B) or the defence service requirement (Section 23) at the time of the application.
Under Section 22(1) of the Australian Citizenship Act 2007 (Cth), the applicant must be in Australia continuously and legally for at least 4 years immediately before the application date. During these 4 years, the applicant must be a permanent resident for 12 months immediately before the application date.
In considering overseas absences, if the applicant was outside of Australia for a part of the mandatory 4 years right before making the application and the total period of the absence, or absences, was 12 months or less, then the applicant can be taken to have met the requirement of being present in Australia under Section 22(1A). If the applicant was outside Australia for 90 days or less during the 4-year period, and they were a permanent resident during each period of absence, then the applicant can be taken to have met the requirement of being present in Australia as a permanent resident under Section 22(1B).
Section 22(1C) states that if the Applicant has been in a prison or a psychiatric institution at any time in relation to a criminal offence, then they will need to spend four years in Australia since they were last released from the confinement before they can be eligible for citizenship. However, as per Section 22(5A), Ministerial discretion applies when deciding matters relating to Section 22(1C). If it would be unreasonable not to take those periods into account for the purposes of the residence requirement, then the Section 22(1C) requirement does not doesn’t apply to the Applicant.

The special residence requirement under Sections 22A and 22B may replace the general residence requirement in certain circumstances.

Section 22A relates to special residence requirements for individuals who have ‘engaged in activities that are of benefit to Australia and who need to be an Australian citizen to participate in those activities’. Additionally, this exception applies to individuals where there is insufficient time to meet the general residency requirements due to the urgency of their work, and they have received backing and support from a relevant organisation that recognises the value of their contribution. Individuals will need to meet some of the residency requirements; however they are significantly less strict in comparison to the general requirements.

Section 22B relates to special residence requirements for individuals engaging in particular kinds of work that requires regular travel outside of Australia. More specifically, this exception applies to individuals who have been actively engaged in the type of work for at least 2 out of the past 4 years. Individuals will need to meet specific timeframes for total days spent in Australia, however these requirements are more flexible in comparison to the general requirements. Examples of this include individuals who work as members of a crew of a ship or an aircraft.

Applicants who are New Zealand citizens can apply for citizenship by conferral if they hold a permanent visa or a Special Category (Subclass 444) visa (SCV). The process to become an Australian citizen is the same for all New Zealand Citizens who hold an SCV, and it doesn’t matter when the Applicant first arrived in Australia. New Zealand citizens must meet the general residence requirement of being lawfully present in Australia for 4 years. This includes 12 months as a permanent resident, immediately before the application date for citizenship. To meet the 12 months as a permanent resident requirement, Applicants don’t need to apply for and be granted a permanent visa. From 1 July 2023, the Applicants’ time on their SCV is considered to be permanent residence for citizenship purposes.

Australian citizenship Applicants need to demonstrate to the Department that they have an intention to be committed to Australia on a long-term basis, and that while overseas, they are willing to maintain a close and continuing link to Australia. The following may be considered in determining whether there is a close and continuing link:

Family ties- partner or child being Australian citizen, any extended family in Australia
Financial ties- owning property
Having a job and bank account in Australia
Having paid income tax in Australia
Business ties- owning or managing a business/ businesses

For Australian citizenship by conferral, most applicants will need to sit the citizenship test. This test is part of the application process, and to pass it, applicants will need to answer 20 multiple choice questions, answer all 5 of the Australian values questions correctly, and get an overall minimum mark of 75 percent. The test covers topics relating to freedom of speech, democracy, rule of law and Australian values. Passing the citizenship test allows applicants to show they have the following:

a basic knowledge of the English language
an understanding of what it means to become an Australian citizen
an adequate knowledge of Australia and the responsibilities and privileges of citizenship
an understanding and commitment to Australian values based on freedom, respect and equality.

Since the Coalition Government’s introduction of an automatic fail when applicants cannot answer all 5 of the Australian values questions correctly in 2020, pass rates fell from 87 percent in 2019 to 68 percent in 2021, and further to 65 percent under the Labor Government. Since the 2022 Federal Election, more than one third of applicants failed their citizenship test.

Not all applicants are required to sit the citizenship test. Generally, applicants between the ages of 18 and 59 years old when the Department receives the application will need to sit the test.

The citizenship application fee covers the cost of the citizenship test, so there is no extra fee.

The following groups of people do not need to sit the test for Australian citizenship by conferral- if they:

are aged 17 years or younger at the time they apply for citizenship
are aged 60 years or over at the time they apply for citizenship
are the child of a former Australian citizen who lost their Australian citizenship under specific circumstances
were born in Papua before 16 September 1975 to an Australian citizen born in Australia (as Australia is now)
were born in Australia and are stateless (have never been the citizen of another country and are not entitled to the citizenship of another country)
are unable to sit the test due to an incapacity or impairment.

If an individual needs to sit the citizenship test, the Department will send them a letter with the date, time and place of the appointment. The letter will also have information if the applicant would like to reschedule their appointment. The location of the citizenship appointments are at the departmental offices in most Australian capital cities, and some Services Australia offices.

If the application is lodged in Australia (onshore), then the applicant will need to attend an appointment to sit the test in Australia. If the application is lodged outside Australia (offshore), then the Department will invite the applicant to attend an appointment to sit the test after they return to Australia. there are exceptional circumstances where the Department may arrange for the applicant to attend an appointment to sit the test at an Australian Embassy or Consulate.

Applicants will need to bring a photo identity document or ID to the appointment. Examples of this include an Australian driver’s license, a passport, or an Australian issued proof of age card. The Department may also ask the applicant to bring other documents to the appointment. The ID must be originals, that means certified copies or electronic images will not be accepted, and the appointment will be rescheduled if this occurs.

At the citizenship test centre, applicants will discuss their citizenship application, confirm their identity and their eligibility to sit the test, and have their photo taken. After the applicant’s identity and eligibility are confirmed, they will sit the test. Applicants cannot bring their children with them to the test centre, and test resource material cannot be brought into the testing area. The citizenship test will be taken on a computer or tablet decide, and the result will show after the applicant completes their test.

Applicants cannot bring anyone to help them with the citizenship test, but applicants can ask staff for assistance with reading the computer screen or using the equipment (the computer or tablet). Headsets are available for the citizenship test for applicants who cannot read English, or would prefer to listen to the questions.

An Assisted Test increases the time available to complete the test from 45 minutes to 90 minutes, and may be available to those who meet these requirements:

ask for help with the citizenship test in your application, and
complete at least 400 hours of English language tuition under the Adult Migrant English Program (AMEP), or
have an impairment at the time of the test that means you need additional time, even with help from us.

For applicants who do not need to sit the citizenship test, they may have an interview with the Department of Home Affairs.

At the time of writing, 25 percent of applications for Australian citizenship by conferral, from the application date to the decision date, were processed in 5 months, and 90 percent were processed in 10 months. From the date of citizenship approval to the date of the citizenship ceremony, 25 percent of applications were processed in 55 days, and 90 percent were processed in 7 months. From the date of the application to the date of the citizenship ceremony, 25 percent of applications were processed in 7 months, and 90 percent were processed in 13 months.

At the time of writing, the application fee for Australian citizenship- general eligibility (Form 1300t) is $560.00. At the time of writing, the application fee for Australian citizenship- other situations (Form 1290) is $345.00.

For Form 1300t, a concession fee (reduced fee) of $80.00 is available for Pensioner Concession Card holders and individuals who are under 18 years old listed as a dependent on a Pensioner Concession Card. The Concession Card must be issued by the Australian Government (Services Australia or the Department of Veterans’ Affairs). For Form 1290, a concession fee of $40.00 is available for those who meet the requirements above.

For both Forms 1300t and 1290, the following apply:

No fee is payable for a child or children under 16 years of age who apply for citizenship on the same form as a responsible parent.
No fee is payable for British and Maltese former child migrants who came to Australia without their parents between 22 September 1947 and 31 December 1967 under the Commonwealth Child Migration Scheme- a letter from the Child Migrants Trust confirming details of your arrival and sponsorship must be lodged with your application.
No fee is payable for individuals who have served for a total of at least 90 days in the permanent forces of the Commonwealth of Australia- a letter or discharge papers from the Australian Defense Force specifying service dates must be lodged with your application.
No fee is payable for individuals applying under Statelessness provision (section 21(8) of the Australian Citizenship Act 2007)

Individuals who meet the eligibility criteria for a fee exemption must use the paper application forms.

From 23 March 2024, applicants who are eligible for a fee concession are able to apply online through their ImmiAccount. To get the fee concession, applicants must attach a scanned copy of both sides of their concession card with the citizenship application.

3. Citizenship by Descent

Australian citizenship by descent applies to people who were born outside of Australia, but one or both of their parents is or was an Australian citizen at the time they were born. To be eligible for citizenship by descent, the applicant must have been born outside Australia on or after 26 January 1949. An additional requirement applies to the parent with Australian citizenship if they became an Australian citizen by descent or by adoption outside Australia under the Hague Convention on Intercountry Adoption or bilateral agreement. If this is the case, the parent will need to spend at least 2 years lawfully in Australia before the applicant can apply. If the applicant is 18 years old or older at the time they apply, they will need to be of good character. If the applicant is 15 years old or younger, their parent will need to sign the application. This application will not come with a bridging visa.

For successful applicants of Australian citizenship by descent, they do not need to make the citizenship pledge or attend the ceremony. If the application was lodged on or after 1 July 2021, and it was approved, the Department will print and mail their Australian citizenship certificate. How the citizenship certificate is sent to the applicant depends on the postal address provided in the application. If the postal address is outside Australia, the Department may send the citizenship certificate to the applicant or the closest Australian Embassy or Consulate. If the citizenship certificate is send to the Australian Embassy or Consulate, the Department will notify the applicant of how it can be collected. Australian postal addresses are preferred as the citizenship certificate can be sent quickly and securely via registered post. Timeframes may vary depending on the local mail services, but generally it will take two weeks after approval for printing and postage of the certificate to an Australian postal address, and approximately six weeks for addresses outside Australia.

At the time of writing, 25 percent of applications for Australian citizenship by descent, from the application date to the decision date, were processed in 72 days, and 90 percent were processed in 5 months.

At the time of writing, the application fee for Australian citizenship by descent (Form 118) is $360.00. For second and each subsequent sibling applying for Australian citizenship at the same time, a fee of $150.00 will apply.

4.Resumption of Citizenship (Background, Requirements, Processing Times Pricing etc.)

Whether or not an Applicant is eligible to resume their Australian citizenship is dependent on the reason for them ceasing being an Australian citizen. Individuals who meet the following criteria are eligible to resume Australian citizenship:

Individuals who have lost their Australian citizenship when they became a citizen of another country as an adult before 4 April 2002
Individuals who have given up or renounced their Australian citizenship so that they could acquire or retain the citizenship of another country
Individuals who have renounced Australian citizenship to avoid significant hardship or detriment
Individuals whose Australian citizenship was revoked as a child when their responsible parent’s Australian citizenship ceased
Individuals who were an Australian citizen by registration or naturalisation and their Australian citizenship ceased because you resided outside of Australia and New Guinea continuously for 7 years between 26 January 1949 and 8 October 1958

If an individual is not eligible to resume their Australian citizenship, they may have the alternative route of applying for Australian citizenship by conferral.

If an individual lost their Australian citizenship because they became a citizen of a foreign country that doesn’t recognise dual or multiple citizenship, they may be eligible to apply to resume their Australian citizenship. This is discussed in more detail in the ‘Loss of Citizenship’ section below.

At the time of writing, the application fee to resume Australian citizenship (Form 132) is $240.00. No fee is payable for a child or children under 16 years of age who apply for citizenship on the same form as a responsible parent.

5.Renouncing Australian Citizenship

Australian citizens can renounce, or give up, their Australian citizenship for a few reasons. The main reason someone may renounce their citizenship is if they have another country’s citizenship, or if they would like to get citizenship of another country.

Australia allows for dual or multiple citizenship, which is where an individual holds citizenship of more than one country. However, this depends on the laws of the other countries, and individuals who believe that their Australian citizenship would lead to the loss of other citizenships may choose to renounce their Australian citizenship.

Under Section 33 of the Australian Citizenship Act 2007 (Cth), someone may make an application to the Minister of Home Affairs to have their Australian citizenship revoked. The Minister would then approve or refuse to approve the individual renouncing their Australian citizenship. There are two scenarios in which the Minister must approve the individual renouncing their Australian citizenship if they are satisfied with either scenario. The first scenario is if the Minister is satisfied that the individual is at least 18 years old, and is a national or citizen of a foreign country at the time of the application. The second scenario is if the Minister is satisfied that the individual was born, or is ordinarily resident, in a foreign country, and under that foreign country’s law, they can’t get citizenship of that country because of their status as an Australian citizen. Someone is ‘ordinarily resident’ of a country, as defined in Section 3 of the Act, if their home is in that country, or if it is the country where they live permanently.

However, the Minister must not approve the individual renouncing their Australian citizenship if the Minister isn’t satisfied with their identity. The Minister has discretion to refuse to approve the individual renouncing their Australian citizenship if they are already a national or a citizen of a foreign country at the time of the application, and the application was made during a war that Australia participated in. The Minister must also not approve the application if it wouldn’t be in the interests of Australia. Unless the Minister is satisfied that the individual is either a national or citizen of a foreign country immediately before the Minister decides on the application, or will immediately become a national or citizen of a foreign country after the Minister’s approval, the Minister must not approve the application. If the Minister approves the application, the individual’s citizenship will be renounced at the time of the approval.

Children of individuals who renounce their citizenship may also cease to be an Australian citizen under Section 36. This may apply if the person who ceases to be an Australian citizen is a responsible parent of a child under 18 at the time of cessation. If this is the case, then the Minister may revoke the child’s Australian citizenship by writing and they will cease to be an Australian citizen at the time of the revocation.

There is an exception, however, if there is another responsible parent of the child who is an Australian citizen. This exception will still apply with the death of the other responsible parent, at any time after that death.

Another exception for revoking a child’s Australian citizenship if their responsible parents cease to be citizens is statelessness. This means that if the Minister believes revoking the child’s citizenship would lead to the child becoming someone who is not a national or citizen of any country, the Minister must not do so.

At the time of writing, the application fee for renunciation of Australian citizenship (Form 128) is $300.00

6.Standard of Character Requirements for Citizenship

Applicants for Australian citizenship who are 18 years old or over need to be of ‘good character’. In determining whether the applicant is of good character, the Department will assess the applicant based on the character requirements as outlined in Section 501 of the Migration Act 1958 (Cth).

The importance of the character requirement is emphasised by Deputy President Breen in Fenn Vs Minister for Immigration and Multicultural Affairs [2000] AATA 931 (25 October 2000). Deputy President Breen emphasises that ‘the grant of Australian citizenship is a privilege not bestowed lightly. It is given to those who uphold the values of the Australian community and who are willing to make a positive contribution to the country they want to call home. The refusal to grant citizenship is not a second form of punishment, which is the domain of the Criminal Courts. It is simply the right of the Australian community to decide whom they wish to have included as fellow citizens, which is a function of State. The refusal does not deprive Mr Fenn of any rights he currently holds, nor does it prevent him applying for citizenship again in a few years’ time when he can demonstrate a longer period of positive contribution to the Australian community.’

Similarly, in HLJW and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship) [2021] AATA 689, a case of appealing an application for citizenship, the AAT emphasised the importance that the assessment of an Applicant’s character would have for deciding whether to grant citizenship.
In 2014, the Applicant committed domestic violence offences involving his wife. The offences included stalking, intimidation, an intention to physically harm and common assault. The context of these charges relate to an argument with his wife which led to the wife calling the Police as he was threatening her with a knife, after which she fled with their infant child.
The Tribunal member affirmed the decision not to grant him citizenship noting:
“The fact that the Applicant and his wife reconciled long ago and have expanded their family gives cause for optimism. They are unified in their desire to move forward. I am satisfied that in 2014 it could not be said that a person with his convictions was a person of good character.
However, in seeking to downplay the seriousness and potential danger of the 2014 incident, I am still left with an uneasy doubt as to whether he is now a person of good character. I am not satisfied that the Applicant has a clear understanding of the nature of the problem.

Regrettably, and despite his many positive attributes, I am not satisfied that sufficient time has passed, or that he has developed sufficient insight, such that it can now be said that he is a person of good character.”

The Citizenship Act 2007 (Cth) does not provide a definition of good character; however it is generally used to refer to the ‘enduring moral qualities of a person’, and is used as a general indicator for whether the Applicant would be a citizen who abides by Australia’s laws.
In considering whether an Applicant is of good character, emphasis will be on the community standards. In the case of Zheng v Minister for Immigration and Citizenship (2011) AATA 304 at [120], it was noted that community standards involve the values of ‘loyalty to Australia, a belief in a democratic form of government, a respect for the rights and liberties of all Australians and obedience to and observance of the law’.

Under Section 501 of the Migration Act, the Minister or the Department may refuse to grant citizenship to an Applicant if they aren’t satisfied that the Applicant passes the character test. This is the most common reason for Australian citizenship application refusals, and the reasons often relate to the Applicant’s criminal, immigration or personal history.

The character test requirements under Section 501 outlines the actions or characteristics that, when done or possessed by the Applicant, means they do not pass the test and are not of good character.

The application of the character test includes multiple areas that may be considered. The first area, under Section 501(6)(a), is whether the Applicant has a substantial criminal record. If the Applicant has a substantial criminal record, they don’t pass the character test. A substantial criminal record includes the following:

the person has been sentenced to death; or
the person has been sentenced to imprisonment for life; or
the person has been sentenced to a term of imprisonment of 12 months or more; or d) the person has been sentenced to 2 or more terms of imprisonment where the total of those terms is 12 months (if a person has been sentenced to 2 or more terms of imprisonment to be served concurrently (whether in whole or in part), the whole of each term is to be counted in working out the total of the terms); or
the person has been acquitted of an offence on the grounds of unsoundness of
mind or insanity, and as a result the person has been detained in a facility or institution; or f) the person has been found by a court to not be fit to plead, in relation to an offence; and as a result, the person has been detained in a facility or institution.

The second area where an Applicant wouldn’t pass the character test is immigration detention offences under Section 501(6)(aa) and 501(6)(ab). This is if the Applicant has been convicted of an offence that was committed in the following situations:

while the person was in immigration detention; or
during an escape by the person from immigration detention; or
after the person escaped from immigration detention but before the person was taken into immigration detention again.

The Applicant would also fail the character test if they have been convicted of an offence under Section 197A by escaping from immigration detention.

The third area where an Applicant would not pass the character test is related to membership or association. More specifically, this is if the Minister suspects the following:

that the person has been or is a member of a group or organisation, or has or has had an association with a group, organisation or person; and
that the group, organisation or person has been, or is, involved in criminal conduct
The parameters for what constitutes a suspicion is defined as being less than a certainty or a belief, but more than mere speculation or idle wondering. The suspicion has to be reasonable, so it would be a suspicion that a reasonable person could hold in that situation, and it was based on an objective consideration of relevant material.

A member is someone who belongs to a group or organisation, and the evidence that is needed to establish reasonable suspicion will vary based on the circumstances of the case. For the purposes of this test, it is sufficient that the Minister has a reasonable suspicion that:

the person has been, or is a member of a group or organisation; and
the group or organisation has been, or is, involved in criminal conduct

The fourth area where an Applicant will not pass the character test is involvement in certain criminal activities under Section 501(6)(ba). For this, the Minister will need to reasonably suspect the Applicant of being involved in, either in the present or in the past, conduct that constitutes one or more of the following:

an offence of people smuggling (as described in sections 233A to 234A of the Migration Act;
an offence of trafficking in persons;
the crime of genocide, a crime against humanity, a war crime, a crime involving torture or slavery or a crime that is otherwise of serious international concern.

It is important to note that to fail this limb of the character test, it is not necessary for the Applicant to have been convicted of an offence for the above conduct.

The fifth area where an Applicant will not pass the character test is if they are not of good character on account of past and present criminal or general conduct under Section 501(6)(c)(i) and 501(6)(c)(ii).
In the process of considering whether an Applicant is not of good character, all of the relevant circumstances of the particular case will be taken into account to provide context and create a complete picture of the person’s character. Lee J elaborated on this point in the case of Godley v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 83 ALD 411, saying that ‘the words “of good character” mean enduring moral qualities reflected in soundness and reliability in moral judgement in the performance of day to day activities and in dealing with fellow citizens. It is not simply a matter of repute, fame or standing in the community but of continuing performance according to moral principle. A person of ill repute by reason of past criminal conduct may nonetheless, on objective examination at a later stage in life, be shown to be a person reformed and now of good character.’
To fail this limb of the character test, it isn’t necessary for the Applicant to have a recent criminal conviction, or involved in recent general conduct which would indicate that they are not of ‘good character’. However, the conduct in question does need to show a lack of enduring moral quality that outweighs any consideration of more recent good behaviour. In the Godley case, Lee J elaborated on this point, saying that ‘ it is necessary that the nature of the conduct said to be criminal, be examined and assessed as to its degree of moral culpability or turpitude. Furthermore, there must be examination of past and present criminal conduct sufficient to establish that a person at the time of decision is not then of good character. The point at which recent criminal conduct, (as the term ‘present criminal conduct’ is to be understood), becomes past criminal conduct must be a matter of judgement. If there is no recent criminal conduct that circumstances will point to the need for the Minister to give due weight to that fact before concluding that a visa applicant is not of good character’. Additionally, ‘before past and present general conduct may be taken to reveal indicia that a visa applicant is not of good character continuing conduct must be demonstrated that shows a lack of enduring moral quality. Although in some circumstances isolated elements of conduct may be significant and display lack of moral worth they will be rare, and as with consideration of criminal conduct there must be due regard given to recent good conduct’.

the nature and severity of the criminal conduct;
the frequency of the person’s offending and whether there is any trend of increasing seriousness;
the cumulative effect of repeated offending;
any circumstances surrounding the criminal conduct which may explain the conduct such as may be evident from judges’ comments, parole reports and similar authoritative documents; and
the conduct of the person since their most recent offence

The last point of the conduct of the person since their most recent offence includes:

the length of time since the person last engaged in criminal conduct;
any evidence of recidivism or continuing association with criminals;
any pattern of similar criminal conduct;
any pattern of continued or blatant disregard or contempt for the law; and
any conduct which may indicate character reform

In considering an Applicant’s past and present general conduct to determine whether they are not of good character, it allows for a broader view of their character in circumstances where conviction may not have been recorded, or where the conduct may not have constituted a criminal offence.
When analysing the Applicant’s past and present general conduct to determine whether they are not of good character, the particular circumstances of the case will be taken into consideration- this includes evidence of rehabilitation and periods of good conduct.
If an Applicant has been involved in activities that show contempt or disregard for the law or for human rights, this may be used to determine they are not of good character. Examples of this include involvement in terrorist activities, or activities related to trafficking or possession of substances, political extremism, extortion or fraud. It can also include serious breaches of immigration law, breaches of visa conditions, or overstaying visas, either in Australia or another country, and also involvement in war crimes or crimes against humanity. Whether the Applicant has been removed or deported from Australia or another country can also play a part, as well as whether the Applicant has been dishonourably discharged or prematurely discharged from the armed forces of another country.
If an Applicant has charges brought against them in a jurisdiction other than the Australian jurisdiction, and they aren’t resolved, the conduct that led to the charges may be considered as part of the context of the Applicant’s overall character.

The sixth area where an Applicant will not pass the character test is if there is a risk that the Applicant may engage in the conduct listed in Section 501(6)(d) if they were granted citizenship.

Refusal on these grounds is stronger if there is evidence that suggests there is more than a minimal or remote chance that the Applicant would engage in this conduct. The threshold is that there must be a risk of it occurring in the future- it would be insufficient for citizenship to be denied just based on the finding that the Applicant had engaged in the conduct in the past. The conduct that may be used for this assessment include:

risk of engaging in criminal conduct in Australia- Section 501(6)(d)(i)
risk of harassing, molesting, intimidating or stalking another person in Australia- Section 501(6)(d)(ii)
risk of vilifying a segment of the community, of inciting discord or of representing a danger through involvement in disruptive and/or violent activities- Section 501(6)(d)(iii), (iv) and (v)

The seventh area where an Applicant will not pass the character test is if they were involved in sexually based offences involving a child under Section 501(6)(e). To elaborate, this applies if the Applicant has been convicted of one or more sexually based offences involving a child, or they were found guilty of the offence, or a charge was proven against them. This applies even if the Applicant was discharged without conviction.

The eighth area where an Applicant will not pass the character test is if they have been charged with committing crimes under International Humanitarian Law, as per Section 501(6)(f). This applies to acts committed in Australia or a foreign country, and the Applicant will not pass if they have been charged with, or indicted with one or more of the following crimes:

the crime of genocide;
a crime against humanity;
a war crime;
a crime involving torture or slavery;
a crime that is otherwise of serious international concern

The ninth area where an Applicant will not pass the character test is due to national security risk under Section 501(6)(g). This will happen if the Applicant was assessed by the Australian Security Intelligence Organisation (ASIO) and the Applicant is found to be directly or indirectly a risk to security.

The tenth area where an Applicant will not pass the character test is related to certain Interpol notices under Section 501(6)(h). An Applicant will not pass the character test under this criteria if there is an Interpol notice in force, and it is reasonable to infer from the notice that the Applicant would present a risk to the Australian community, or a segment of it.

For the Department to determine whether someone is not of good character, it will consider the following documents or circumstances:

any recorded criminal convictions
sentencing remarks
parole reports
victim impact statements
obligations the Applicant may have to a court in Australia or overseas
the Applicant’s association with people of concern, such as criminal records of family members
incidents of reported domestic violence
whether the Applicant has been honest in their dealings with the Australian community, including providing false or misleading information in relation to a visa or citizenship application
passenger cards
previous visa applications
records of dealings with the department of immigration, ATO and Centrelink (department of Social Services)

Applicants may be required to provide the Department with a penal clearance certificate for the countries they have visited outside Australia. Penal clearance certificates, also known as police checks, will show whether the Applicant has a criminal record in the given country. Applicants may be required to provide this if they have lived or travelled outside Australia since turning 18 years old.

For individuals who apply for Australian citizenship by conferral, an overseas penal clearance certificate is required if:

they have lived or travelled outside Australia since turning 18 years of age, and
they held a permanent visa at that time, and
the total time they spent outside Australia adds up to 12 months or more, and
the time they spent in any one country was 90 days or more, or
requested by the Department.

For Applicants who are New Zealand citizens, they do not need to provide an overseas penal clearance certificate for New Zealand. Instead, the Department will directly request if from the New Zealand Ministry of Justice.

For individuals who apply for Australian citizenship by descent or adoption, an overseas penal clearance certificate is required if the following circumstances have been met in the last 10 years:

they lived or travelled outside Australia since turning 18 years of age, and
the total time they spent outside Australia adds up to 12 months or more, and
the time they spent in any one country was 90 days or more.

Examples of evidence that can be used to support the good character test include the following:

character references/ recommendations from employers, work colleagues and friends
evidence showing work experience/ employment history
evidence of cooperation with Australian authorities/ Departments
psychologist or social worker reports to prove completion of rehabilitation programs and their opinion regarding the likelihood of reoffending
evidence to show community work e.g. volunteer work or other ways the Applicant has been a supportive member of the community
evidence of the steps that have been taken to avoid reoffending

7. Loss of Australian Citizenship

Under Section 17 of the previous Australian Citizenship Act 1948 (Cth), Australian citizens over the age of 18 acquired the nationality or citizenship of a foreign country would cease to be an Australian citizen when they acquire the foreign nationality or citizenship.

Because of the Section 17 requirement, many Australian citizens automatically lost their citizenship if they met the following circumstances:

was an adult Australian citizen between 26 January 1949 and 3 April 2002, and
took action to acquire the citizenship of another country.

Section 17 evolved over time. Prior to 22 November 1984, Australian citizenship was lost if an individual acquired the nationality or citizenship of another country by a voluntary and formal act, which excludes marriage, whilst outside Australia.

During the period between 22 November 1984 and 3 April 2002, Australian citizenship was lost if an individual did any act or thing, the sole or dominant purpose of which, and the effect of which, was to acquire the nationality or citizenship of a foreign country. This took effect automatically when the person acquired the other country’s citizenship, and it wasn’t necessary for the individual to be outside of Australia for it to occur. As this loss of Australian citizenship occurred automatically, many individuals were not aware of the loss, including the Department of Home Affairs. Before the repeal, approximately 700 Australians were losing their citizenship each year.

On 4 April 2002, Section 17 of the 1948 Act was repealed, citing that this change was necessary for the purposes of keeping up with ‘a new globalised world’. This means Section 17 no longer applied, and Australian citizens were allowed to acquire dual citizenship without being at risk of losing their Australian citizenship. A dual citizen is someone who holds citizenship of two or more countries.

Although Section 17 was appealed in 2002, the effects are still being felt, as many may not have been aware that they had lost their citizenship. It is often another application, such as an application for Australian citizenship by descent for their child or grandchild, or even an application for a passport, that leads the Department of Home Affairs, and subsequently the individual, to find out about the loss of Australian citizenship.

Unfortunately, Section 17 being repealed was not applied retrospectively, meaning that the individuals who had lost under section 17 of the 1948 Act could not have their Australian citizenship restored. This is in line with the availability for individuals to apply for resumption of Australian citizenship. When this occurs, the Department will reach out to the individual to notify them of their loss of citizenship from before Section 17 was repealed, and then invite them to comment on the loss.

8.Other - Australian Citizenship for Adopted Children

At the time of writing, the application fee for Australian citizenship for children adopted under full Hague Convention or bilateral agreements (Form 1272) is $360.00. For second and each subsequent sibling applying at the same time, an application fee of $150.00 will apply.

At the time of writing, the application fee for evidence of Australian citizenship (Form 119) is $275.00. At the time of writing, 25 percent of applications for evidence of Australian citizenship, from the application date to the decision date, were processed in 1 day, and 90 percent were processed in 17 days.

9.Other - New Developments for Members of the Australian Defence Force

In June 2024, the Australian Government announced that applications for the Australian Defence Force (ADF) will open for Kiwi citizens who are permanent residents in Australia and have lived in Australia for at least one year before applying. Introduced to address the recruitment shortage of workers in the ADF, foreign nationals who serve for 90 days or more would be eligible for Australian citizenship and/or have their citizenship fast tracked. This will come into force on 1 July 2024 and will apply to Kiwi citizens. From 1 January 2025, citizens from the United States, United Kingdom and Canada who meet the same requirements will be eligible to join the ADF, subject to security checks.

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Application process for Australian Citizenship?

There are a number of steps in the application process. The time it takes to apply for and be granted Australian citizenship varies and each applicant will be different depending on their situation.

If you believe your situation is not straight forward you should seek the assistance of an immigration lawyer.

Applicants will first need to determine if they are eligible to apply for citizenship.

They will need to ensure that they meet the residence requirements or any special category requirements.

They will be required to provide a number of original documents.

Complete the application process.

They will need to prepare for their citizenship test or interview.