Citizenship
Your Pathway to Australian Citizenship
At Emigrate Lawyers, we understand the significance of achieving Australian citizenship and the opportunities it brings. Our team, led by Principal Lawyer Madhab Kharel, is dedicated to guiding you through the complex process of becoming an Australian citizen. We offer expert legal advice and personalized assistance to ensure a smooth and successful citizenship application.
Why Choose Emigrate Lawyers for Your Citizenship Application?
Understanding Australian Citizenship
Benefits of Australian Citizenship
🗳️ Full Voting Rights: Participate in federal, state and local elections and referendums.
➕ Access to Social Services: Enjoy the full range of government services and benefits.
✈️ International Travel: Obtain an Australian passport and receive consular assistance overseas. Enjoy visa-free or visa on-arrival access to many countries.
🧑⚕️ Job Opportunities: Access certain government and defense jobs that are only available to citizens.
🛂 Security: Gain the security of permanent residency and protection from deportation
How to obtain Australian citizenship?
The Australian Citizenship Act 2007 defines the rules for acquiring Australian citizenship. In Australia, citizenship can be obtained either automatically or through an application process. In the following sections, we will explain how you can become an Australian citizen.
Automatic acquisition
The most common and obvious way to become an Australian citizen is being born in Australia and have a parent who is an Australian citizen or a permanent resident at the time of your birth. You are also automatically an Australian citizen if you are born in Australia and you are an ordinarily resident in Australia for a period of 10 years beginning on the day you are born.
The less common pathways include:
- Citizenship by adoption under a law in force in a State or Territory
- Citizenship for abandoned children
- Citizenship by incorporation of Territory
Acquisition by application
If you do not meet the above circumstances, you would have to apply for your citizenship. The main categories for acquisition by application are:
- Citizenship by descent
- Adopted children
- Citizenship by conferral
Citizenship by Descent
If you are born outside of Australia on or after 26 January 1949, you may be eligible to acquire citizenship if a parent of yours was an Australian citizen at the time of your birth. You may also be eligible to become an Australian citizen if you are born outside of Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949.
Adopted Children
If the child is adopted outside Australia by an Australian parent under the Hague Convention or a bilateral agreement, he/she can apply to become an Australian citizen by adoption.
Adopted children who are over 18 years old do not have a direct legal avenue to gain citizenship in Australia. The Australian Citizenship Act 2007 (Cth) states that citizenship can be gained through one of the followings ways:
- S 12 Citizenship by birth – The applicant needs to be born in Australia.
- S 13 Citizenship by adoption – The legal adoption of the applicant needs to take place when the applicant is under 18 years old and in Australia.
- S 16 By descent – Policy dictates that the child needs to be biological in all but a very limited scenario.
- S 19C Hague Convention on Inter-country Adoption or a bilateral arrangement – The applicant is adopted overseas.
- S 21 Citizenship by Conferral – The applicant must first apply for permanent residency in Australia.
Citizenship by conferral
Citizenship by conferral is the most common way for Australian Permanent Resident to acquire their Australian Citizenship. The general criteria are:
Residency requirement: You are a permanent resident or eligible New Zealand citizen for the past 12 months.
Residency requirement: At the time of the application, you must have been living in Australia on a valid visa for the past 4 years.
Residency requirement: You have not been away from Australia for more than 12 months in total in the past 4 years, including no more than 90 days in total in the past 12 months.
Character requirement: You must be of good character. The Department of Home Affairs will consider whether you are likely to uphold and obey Australian laws and whether you will meet the other commitments made through the citizenship pledge.
Knowledge requirement: To become an Australian citizen, you must show that you understand what it means to be a citizen. You will be required to sit a citizenship test and must score at least 75% on the test.
Language requirement: As English is Australia’s national language, you must demonstrate that you have a basic knowledge of English. By passing the citizenship test, you will be deemed to meet the language requirement.
Close and continuing link to Australia: When assessing your citizenship application, the officer can consider if you have any links to Australia. This includes if you have a partner or child who is an Australian citizen, a job in Australia, property in Australia and so forth.
Other Pathways to Australian Citizenship
In addition to the standard citizenship by conferral process, you may be eligible for Australian citizenship through one of the following pathways:
Children Under 15 Years Old: Children under the age of 15 can apply for citizenship independently with the consent of their parents.
Born Outside Australia to an Australian Parent: If you were born outside of Australia and one of your parents was an Australian citizen at the time of your birth, you may be eligible for citizenship.
Born in Papua Before 16 September 1975: Individuals born in Papua before 16 September 1975, who have at least one parent who was born in Australia and was an Australian citizen at the time of their birth, can apply for citizenship.
Born in Australia on or after 1 July 2007: If you were born in Australia on or after 1 July 2007 and are not a national or citizen of any other country, you may be eligible for citizenship.
Resume Citizenship
If you previously renounced your Australian citizenship to avoid significant hardship or detriment when becoming a citizen of another country before 4 April 2002, you may apply to have your Australian citizenship resumed.
Navigating the complexities of Australian citizenship can be challenging, but you don’t have to do it alone. At Emigrate Lawyers, our experienced team of immigration experts is dedicated to guiding you through every step of the process.
Whether you’re applying for citizenship by descent, conferral, or any other pathway, we offer personalized support to ensure your application is successful. Contact Emigrate Lawyers today to make your dream of becoming an Australian citizen a reality. Let us provide the expertise and peace of mind you need on your journey to Australian citizenship.