Australian Citizenship

The Difference Between Permanent Residency and Australian Citizenship

Although Australian Permanent Residency (PR) provides significant rights and benefits to its holders, it is not legally equivalent to Australian citizenship. The key differences include:

• Permanent residents generally do not have the right to vote in federal elections or referendums in Australia, except in certain limited circumstances provided for by law.
• Australian citizens can apply for an Australian passport.
• Permanent residency allows a person to live in Australia indefinitely; however, the right to return to Australia after travelling overseas depends on the validity of the visa’s Travel Facility. If the Travel Facility expires, the permanent resident may need to obtain a Resident Return Visa (Subclass 155 or 157) to return to Australia. Australian citizens, by contrast, have an unrestricted right to enter their own country.
• Certain government, security and defence positions are available only to Australian citizens.
• Australian citizens, where eligible, enjoy the full rights and benefits of citizenship, as well as Australian government consular assistance while overseas.

Therefore, while permanent residency is a valuable achievement and the primary pathway to long-term life in Australia, Australian citizenship represents the final stage of this journey, providing additional rights and benefits to eligible applicants.

Ways to Obtain Australian Citizenship

Australian citizenship can be acquired through several pathways, each subject to specific legal requirements.

1. Citizenship by Birth

In certain circumstances, a child born in Australia may automatically become an Australian citizen. For example, if at least one parent is an Australian citizen or Australian permanent resident at the time of the child’s birth, the child will generally acquire Australian citizenship automatically. A child may also qualify for citizenship under other circumstances provided for under Australian citizenship law.

2. Citizenship by Descent

If a child is born outside Australia and at least one parent was an Australian citizen at the time of the child’s birth, the child may be eligible to apply for Citizenship by Descent. The grant of citizenship in such cases is subject to the requirements established under Australian citizenship law.

3. Citizenship by Conferral

Most migrants who initially obtain Australian permanent residency apply for citizenship through this pathway.

Generally, an applicant must:

• hold Australian permanent residency (or, in certain circumstances, qualify under the relevant provisions applying to New Zealand citizens);
• satisfy the statutory residence requirements;
• meet the Character Requirement;
• successfully complete the Australian citizenship test, where required; and
• satisfy all other legal requirements applicable at the time of application.

Citizenship requirements may change over time. Therefore, applicants should check the latest rules and guidelines issued by the Australian Department of Home Affairs before applying.

Requirements for Australian Citizenship

For an adult to obtain Australian citizenship by conferral, they must satisfy the requirements established under Australian citizenship law. The key requirements include residence, Good Character, basic knowledge of English, passing the citizenship test where applicable, and making the Australian Citizenship Pledge.

1. Residence and Physical Presence in Australia

One of the most important requirements for citizenship is satisfying the General Residence Requirement. In most cases, an applicant must:

• have been lawfully present in Australia for the four (4) years immediately before applying;
• have held Australian permanent residency for at least twelve (12) months of that period;
• have not been absent from Australia for more than twelve (12) months in total during the four (4) years immediately before applying; and
• have not been absent from Australia for more than ninety (90) days in total during the twelve (12) months immediately before applying.

The law provides exceptions in certain circumstances for specific applicants, and each application is assessed according to the individual circumstances of the applicant.

2. English Language Knowledge

Applicants must have basic knowledge of English and be able to communicate in English.

For Australian citizenship, providing an English-language test certificate such as IELTS or PTE is not mandatory. However, during the application process, an applicant’s ability to communicate in English may be assessed, and applicants must be able to successfully complete the citizenship test if they are required to take it.

3. Commitment to Australia

Eligible applicants must, after their application is approved, attend an Australian Citizenship Ceremony and make the Australian Citizenship Pledge.

The pledge reflects an applicant’s commitment to Australia’s democratic values, respect for Australian laws and fulfilment of civic responsibilities.

In most cases, Australian citizenship is formally acquired when the applicant makes the pledge.

4. Good Character

Adult applicants must satisfy the Good Character Requirement.

When assessing this requirement, the Australian Department of Home Affairs may consider matters including:

• compliance with Australian and foreign laws;
• criminal records and court convictions, where applicable;
• honesty in providing information and documents to the Australian Government;
• compliance with legal and immigration obligations; and
• other factors that may be relevant to the assessment of good character.

Having a criminal record or other relevant issues does not necessarily mean that an application will be refused. Each application is assessed according to its individual circumstances.

5. Australian Citizenship Test

Most applicants aged 18 to 59 are required to take the Australian Citizenship Test, unless they are exempt under the law.

The test is computer-based and multiple-choice. It assesses an applicant’s knowledge of topics such as:

• Australian values;
• Australia’s democratic system and laws;
• the rights and responsibilities of citizens; and
• Australian history, culture and society.

Applicants must achieve the pass mark prescribed by the Australian Department of Home Affairs.

In some cases, an applicant may be invited to attend an interview or in-person appointment to verify their identity, documents or other matters.

Documents That May Be Requested

Applicants may be asked to provide:

• a valid passport or other identity documents;
• documents proving identity;
• documents relating to a change of name, if applicable;
• information concerning their Australian residence and travel history;
• evidence relating to their current or previous citizenships, where applicable.

Applicants under 18, applicants aged 60 or over, and certain applicants who qualify for an exemption under the law will generally not be required to take the citizenship test.

Australian Citizenship Application Fee

The Australian citizenship application fee varies depending on the type of citizenship application and the applicant’s circumstances. Fees may also be changed by the Australian Government from time to time.

The applicable fee is the amount in effect on the date the application is received by the Australian Department of Home Affairs. Applicants should therefore check the latest applicable fees before submitting their application.

In certain circumstances, including for some children and eligible applicants, an exemption or concession on the application fee may be available.

Australian Citizenship Application Process

The usual process for obtaining Australian citizenship through conferral generally includes the following steps:

• checking eligibility and confirming that the applicant meets the citizenship requirements;
• completing and submitting the application;
• uploading and providing the required documents;
• paying the applicable government application fee;
• attending an identity verification appointment, if required;
• taking the citizenship test, where applicable;
• assessment of the application by the Department of Home Affairs;
• receiving the final decision; and
• attending the citizenship ceremony and making the Australian Citizenship Pledge.

Each application is assessed according to the applicant’s individual circumstances, and the required documents or steps may vary between cases.

Australian Citizenship Processing Time

Processing times for citizenship applications are not the same for all applicants. They may depend on factors such as:

• the type of application;
• whether all required documents have been provided;
• whether additional checks are required;
• the applicant’s individual circumstances; and
• the workload of the Australian Department of Home Affairs.

The Department of Home Affairs regularly updates its average citizenship processing times. Applicants should therefore refer to official Australian Government information for the latest processing times.

What Factors May Lead to Refusal or Cancellation of Citizenship?

Each citizenship application is assessed under Australian citizenship law. In certain circumstances, an application may be refused or, in limited cases, citizenship that has already been granted may be cancelled in accordance with the law.

Factors that may affect the decision include:

• providing incorrect, incomplete or misleading information or documents;
• using fraudulent or altered documents;
• failing to satisfy the legal requirements for citizenship;
• failing to meet the Good Character Requirement, where this requirement applies; and
• concealing important information relevant to the assessment of the application.

Australian citizenship can only be cancelled in specific circumstances and in accordance with Australian citizenship law. Each case is assessed based on the applicable legal provisions and its individual circumstances.

Benefits of Australian Citizenship

Obtaining Australian citizenship provides a range of benefits, including:

• the ability to apply for an Australian passport;
• the right to vote in Australian elections and referendums, where eligible;
• the ability to stand for election in certain circumstances, subject to the relevant laws;
• access to certain government and security positions that require Australian citizenship;
• access to Australian government consular and diplomatic assistance while overseas;
• the ability, where legally eligible, to pass Australian citizenship to certain children born outside Australia; and
• the right to enter and leave Australia without the time limitations associated with the Travel Facility of a permanent visa.

For these reasons, many permanent residents consider Australian citizenship to be the final and natural stage of their migration journey.

Dual Citizenship in Australia

Australia recognises the principle of Dual Citizenship. Therefore, in many cases, a person may hold Australian citizenship while also retaining citizenship of another country.

However, nationality laws vary between countries. Some countries do not recognise dual citizenship or may restrict or revoke a person’s previous citizenship if they acquire another nationality.

Before applying for Australian citizenship, applicants are therefore advised to check the citizenship laws of their country of origin to understand any potential consequences for their existing citizenship.

SilkVisa Australia: Supporting You on Your Citizenship Journey

Obtaining Australian citizenship is more than simply a change in immigration status; it marks the beginning of a new stage of life as a member of Australian society, founded on democracy, the rule of law, equality and mutual respect.

At SilkVisa Australia, we can support you from assessing your initial circumstances and planning for permanent residency through to evaluating your citizenship eligibility, preparing your application and assisting you throughout the process until you receive your citizenship certificate.

If you have questions about residence requirements, calculating your time spent in Australia, the citizenship test or other legal requirements, the SilkVisa Australia team is ready to assess your circumstances and help identify the most suitable pathway towards Australian citizenship.