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Australian Citizenship Update

By Mark Webster, Acacia Immigration Australia Pty Ltd, 25 September 2006

Further proposed changes have been posted on the DIMA website regarding citizenship. These follow on from changes proposed by the government in March 2006.

Residence Requirements

The government now proposes that the minimum residence for grant of citizenship be:
  • Lawful residence in Australia of at least the last 4 years
  • At least 12 months residence in Australia as a permanent resident
  • At most 12 months absence from Australia in the last 4 years
  • At most 3 months absence from Australia in the last 12 months
The current requirements are that applicants are present in Australia as permanent residents for at least:
  • 2 of the last 5 years; and
  • 12 of the last 24 months.
The proposed changes require significantly longer minimum residence in Australia (4 years versus 2), as well as shorter periods of allowed absence from Australia over this time. The changes will mean that applicants with reason to travel outside Australia for business or to visit relatives will face significant disadvantages in applying for citizenship.

However, the requirement that only 12 months of the 4 years of the residence be as a permanent resident suggests that people who spend a significant amount of time here on a temporary visa (eg students or 457 visa holders) may qualify for their citizenship sooner than would otherwise be the case.

Transitional Arrangements

The new rules will not apply in the following circumstances:
  • Where the application for citizenship has been lodged at the time the new rules come into effect
  • Where someone who is a permanent resident at the time the new rules come into effect, and lodges an application for citizenship within 3 years.
This means that many applicants may wish to apply for their permanent residence as soon as possible to ensure that they can apply under the current citizenship arrangements.

Date of Introduction

At this stage, there is no certainty as to when the new rules will come into effect. However, the government has indicated that they could come into effect as soon as January 2007.

Other Possible Changes

The Australian government has released a discussion paper regarding introducing a formal citizenship test. Material for the test could include:
  • English language ability
  • Knowledge of Australia
  • Australian way of life and values
Applicants may be required to make a formal commitment to Australian values.
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