Citizenship

As at 31 October 2021 there were 142,780 applications for Australian citizenship by conferral. This is a significant increase from previous years, prompted by changes to application fees (which doubled from July 2021) and changes to the citizenship test.

The Department advises that 90% of (conferral) applications are processed within 17 months and 5 months for citizenship by descent.

The department publishes its processing times here

As with any application process, your application will benefit from smoother processing where you provide the required evidence/documents at the time of lodging your application.

The application fee (payable to the Department of Home Affairs) is $540.00 with concession rates available for some applications.

There are a number of requirements, with a threshold requirement being the length of time you have lived in Australia as the holder of a permanent visa.

If you hold a permanent resident (for at least 12 months before applying), and have lived in Australia for four years, and have not been outside of Australia (for more than 12 months in total over the last 4 years, and not more than 90 days in total in the last 12 months) you will meet the general residence requirement.

You can calculate your eligibility period using the Department’s handy calculator here:

There are also exemptions to the residence requirements.

In addition to the residence requirement, there is also a Citizenship test, language requirements (which you can demonstrate by obtaining 75% or more on the citizenship test), together with standalone requirements to satisfy the Minister that you are of Good Character and of your identity.

Please contact Moya Migration Lawyers if you wish to discuss your eligibility for Australian Citizenship or if you are concerned about meeting the character or identity requirements.

It is not uncommon for the Department to send requests for further information. They may send you a letter inviting you to provide further information about your good character (because of previous criminal charges, driving offences, family violence charges etc) or further evidence of your identity and nationality. In more complex matters, they will send you a ‘natural justice letter’ outlining information that may lead the refusal of your citizenship application.

Unfortunately, it is common that these responses are poorly managed, leading to the refusal of your Citizenship application combined with other serious consequences for your (and family members) visa status.

If you have been invited to comment or respond to adverse information you should first seek the advice of an experienced migration lawyer.

If your citizenship application has been refused, the Department will write to you explaining how you can appeal the decision. Appeals are heard in the General Division of the Administrative Appeals Tribunal and the process is managed by a Registrar and operates more like a Court, rather than the less formal approach in the Migration and Refugee Division of the Tribunal.

Whilst there are time limits for seeking review of the decision to refuse your citizenship application, the Tribunal has discretion to receive the application after that time period.

The application fee payable to the Tribunal is $962 and a reduced fee is payable in certain circumstances.