Depending on the situation, a person may be eligible for Australian citizenship in the following ways:
- Automatic Acquisition.
- Australian Citizenship by descent.
- Australian citizenship by conferral.
Most people not born to Australian citizens or permanent residents get Australian citizenship by conferral. For example, a person who moves to Australia on a student visa and then gets their Australian permanent residency would get their Australian citizenship by conferral.
Automatic Acquisition of Australian Citizenship
A person acquires an automatic Australian citizenship in the following ways:
1. CITIZENSHIP BY BIRTH: As per Section 12 of the Australian Citizenship Act 2007 a person born in Australia is an Australian citizen only if:
- A parent of that person is an Australian citizen or an Australian Permanent Resident when they are born.
- The person is ordinarily resident in Australia for 10 years beginning the day they are born.
2. CITIZENSHIP BY ADOPTION: Application for Australian citizenship for children adopted under the Hague Convention or bilateral arrangements is $345. For any additional sibling applying for the same time, the fee is $145.
As per Section 13 of the Australian Citizenship Act 2007, a person is an Australian citizen if:
- They are adopted under a law in force in a state or territory and
- Adopted by at least one person who is an Australian citizen at the time of the adoption and
- Present in Australia as a permanent resident at that time.
3 . CITIZENSHIP FOR ABANDONED CHILDREN: Under Section 14 of the Australian Citizenship Act 2007, a person is an Australian citizen if the person is found abandoned in Australia as a child, unless and until the contrary is proved.
4. CITIZENSHIP BY INCORPORATION OF TERRITORY: A person is an Australian citizen under Section 15 of the Australian Citizenship Act 2007 if any territory becomes part of Australia and the person is in a class of persons specified in a determination under this section through a legislative instrument.
Acquisition of Australian Citizenship by Application
Australian Citizenship by Descent
Unless exemptions or concessions apply an Australian Citizenship application by descent costs $345 and $145 for an additional applicant applying at the same time.
As per Section 15A of the Australian Citizenship Act 2007, a person is eligible to become an Australian citizen in 2 situations which are described below:
- you were born outside Australia on or after 26 January 1949 and a parent of yours was an Australian citizen at the time of your birth; or
- you were born outside Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949.
Australian Citizenship by Conferral
The fee for Australian citizenship by conferral is $540 and for an additional applicant under 16 applying at the same time is zero.
To become an Australian citizen by conferral a person may be eligible in 7 situations as per Section 19G of the Australian Citizenship Act 2007:
1. If an applicant satisfies the general eligibility criterion and has completed a citizenship test.
GENERAL ELIGIBILITY [s21(A) and s21(2A) of the Australian Citizenship Act 2007]
- The person making an Australian citizenship application must be 18 years of age at the time of the application.
- The person must be an Australian Permanent resident at the time and decision of the Australian citizenship application.
- A person has a basic knowledge of the English language.
- Understand the nature of the application.
- Is likely to reside or continue in Australia and maintain a close association with Australia.
- Satisfies the special Residence Requirements.
- Is of good character at the time of their Australian citizenship application decision.
- Person completes the Australian Citizenship Test.
- Satisfies the General Residence Requirement. The person satisfies the General Residence requirement by satisfying the below criterion:
(a) The person must be present in Australia for 4 years immediately before the day of the application for Australian citizenship.
(b) The person must not be an unlawful citizen in these 4 years.
(c) The person must be an Australian permanent resident for 12 months before the day of the application.
(d) The total absence in these 4 years must not be more than 12 months and not more than 90 days in the last 12 months before the date of the application.
2. If a person has been an Australian Permanent resident at the time of their Australian Citizenship application but has enduring physical and mental incapacity but is of good character and is likely to reside and continue their association with Australia.
3. A person is eligible for Australian citizenship if they are an Australian Permanent resident at the time of their citizenship application are of good character and are likely to reside and maintain association with Australia if they are over 60 years of age or are 18 years of age and have a permanent loss or substantial impairment of hearing, speech, or sight at the time of the application.
4. A person under 18 is eligible for Australian citizenship if they are an Australian Permanent resident at the time and decision of their citizenship application.
5. A person born to a former Australian citizen outside Australia to a parent or person who was not an Australian citizen at birth but ceased to be an Australian citizen under s17 of the old act and is at least 18 years of age and is of good character.
6. A person is eligible for Australian citizenship if they were born in Papua before 16 September 1975 to a parent who was born in Australia was an Australian citizen at the time of the applicant’s birth and is of good character.
7. A person is eligible to become an Australian citizen if the minister is satisfied that the person was born in Australia and the person is not a national or citizen of any country and was never a national or a citizen of any country and are not even entitled to acquire nationality or citizenship of another country.
To check the Australian Citizenship Application fee click here.
To read about the new pathway to Australian citizenship for New Zealand citizens click here.