Legislation The Australian Citizenship Act 2007 is the legal basis for all citizenship provisions. It commenced on 1 July 2007. It was amended by the Australian Citizenship Amendment (Citizenship Testing) Act 2007 in September 2007.
Legislation and regulations are not published on this department'swebsite, but can be accessed from a legal information retrieval systemowned by the Australian Attorney General's Department.
To access the Australian Citizenship Act 2007 or the Australian Citizenship Regulations 2007, please visit the ComLaw website. See:
From 1 October 2007, people who satisfy the general eligibility criteria are required to pass a test before applying for citizenship.
See: Citizenship Test
People who apply must:
* have passed a test
* be aged 18 years or over at the time the application is made
* be a permanent resident
* satisfy the residence requirement
* be likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia
and
* be of good character.
See also:
Citizenship Test
Step 1: Am I eligible? - Other situations
Privileges and responsibilities of Australian citizenship
Good character
Residence requirements and calculator
People who became permanent residents on or after 1 July 2007 must have been lawfully resident in Australia for four years immediately before applying including:
* 12 months as a permanent resident
and
* absences from Australia of no more than 12 months, including no more than three months in the 12 months before applying.
If people became permanent residents before 1 July 2007 and apply before 30 June 2010, they must have been physically present in Australia as a permanent resident for a total of two years in the five years before applying, including one year in the two years before applying.
Note: Periods of lawful residence cannot include a period of confinement in a prison or psychiatric institution by order of a court made in connection with proceedings for an offence against an Australian law except in limited circumstances. A residence calculator is available to assist you to determine if you meet the residence requirement. This calculator can accept future dates.
See: Residence Requirements Calculator Calculator
Residence exemptions and discretions
Exemptions
People are exempt from the residence requirement if they:
* have served three months in the permanent forces of the Commonwealth
or
* have served six months in the navy, army or air force reserve
or
* were discharged from defence service as medically unfit for that service.
A partial exemption applies to former Australian citizens and people born in Australia. They need only have been resident in Australia for 12 months as a permanent resident.
Discretions
There are discretions for the residence requirement:
* periods during which a person was present in Australia as an unlawful non-citizen solely because of an administrative error may be treated as periods of lawful residence
* periods of lawful residence in Australia but not as a permanent resident solely because of an administrative error may be treated as periods of permanent residence
* periods of lawful residence in Australia but not as a permanent resident may be treated as a period of permanent residence if a person would otherwise suffer significant hardship or disadvantage
* periods spent outside Australia by the permanent resident spouse (including de facto spouse), widow or widower of an Australian citizen may be treated as periods in Australia, if they had close and continuing association with Australia during that period
* periods spent outside Australia by a permanent resident who is in an interdependent relationship with an Australian citizen may be treated as periods in Australia if they had close and continuing association with Australia during that period
* periods of confinement in a prison or psychiatric institution may be counted towards the residence requirement if it would be unreasonable not to do so, taking into account the circumstances which resulted in the person’s confinement.
Good character
It is the responsibility of a person applying to show that they are of good character.
See: Good character
More information
Further information regarding eligibility is available in Form 1299i.
See: Form 1299i How to apply for Australian citizenship by conferral (88KB PDF file)
