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2017 Australian citizenship - criteria and requirements

MysticRiver

Administrator
Staff member
Messages
13,610
Points
113
Citizenship criteria:
  • You must be a permanent resident at time of application and time of decision
    • If you were granted a permanent resident visa before you arrived in Australia, your permanent residence date is the date that you arrived in Australia on that visa
    • If you were granted a permanent resident visa after you arrived in Australia, your permanent residence date will be the date that the visa was granted
  • You must meet residency requirements (listed in the next section)
    • A period of confinement in a prison or psychiatric institution by order of a court because of an offence against Australian law, will not be counted as part of your lawful residency in Australia (except in some limited circumstances)
    • You might be eligible to be exempted form this requirements or changed criteria if
      • you or your family are a member of the Australian Defence Force (ADF), or
      • you have ministerial discretions, or
      • If you are seeking to engage in activities that are supported by particular organisations, such as the Australian Olympic and Paralympics committees, Tennis Australia, Cricket Australia or a federal government agency (check residency requirements - type A)
      • If you can provide evidence from an employer that shows that you were required to travel outside Australia for that work (check residency requirements - type B)
    • Children under 16 years of age do not need to meet this criteria
  • You must be of good character
  • You must have a basic knowledge of English
  • You have to pass a citizenship test of the responsibilities and privileges of Australian citizenship
    • If you are 60 years of age or over you are not required to sit the citizenship test

Residency Requirements:

  • You must have lived in Australia on a valid Australian visa for four years immediately before applying
  • You must have been a permanent resident for the 12 months immediately before making the application
  • You must not have been absent from Australia for more than one year in total four year period
  • You must not have been absent from Australia for more than 90 days in the 12 months before applying

Residency Requirements - Type A:

  • You must have been living in Australia on a valid visa which allows permanent residency for two years immediately before you apply
  • During those two years you must have been lawfully present in Australia for at least 180 days
  • You must have been lawfully present in Australia at least 90 days in the 12 months immediately before lodging your application
Residency Requirements - Type B:
  • You have worked in that occupation for at least a total of two out of the past four years
  • You must have held a valid Australian visa for four years immediately before applying
  • You must have held a permanent resident visa for one year immediately before applying
  • You must have been living in Australia for a total of 16 months (480 days) during the four years before you apply
  • You must have been living in Australia at least for four months (120 days) of that time in the year immediately before your application
  • Your occupation must be as
    • a member of the crew of a ship or aircraft
    • a worker on a resources installation or a sea installation
    • a Chief Executive Officer or Executive Manager of an S&P/ASX All Australian 200 listed company
    • a Scientist employed by:
      • an Australian university who has attained a PhD in their field of speciality and is undertaking research and development of benefit to Australia or
      • Commonwealth Scientific and Industrial Research Organisation (CSIRO) or
      • a medical research institute which is a member of the Association of Australian Medical Research Institutes (AAMRI)
    • a medical specialist, internationally renowned in their field, who is a fellow of an organisation listed in Schedule 4- Part 1 of the Health Insurance Regulations 1975 (Cth) and holds a relevant qualification in relation to the organisation
    • a person who is a writer or is engaged in the visual or performing arts and who is the holder of, or has held, a Distinguished Talent Visa


Facts to check:

  • You can include children under 16 years of age in your citizenship application if they are permanent residents
  • You must intend to reside or maintain a close and continuing association with Australia
  • If you are 16 or 17 years of age and want to apply for Australian citizenship you need to complete and lodge Form 1290 Application for Australian citizenship – Other situations with the correct fee and all of the required documents
  • If you are 16 or 17 years of age and can not satisfy the residency requirements at the time of your application, you must prove that you would suffer significant hardship or disadvantage if you had to meet this requirement
 

Bolivia

Collaborator
Entitled Member
Messages
137
Points
28
MSA
2017-08-16
Skill
272499
SC
190 (VIC)
Point
65
EOI
2017-08-17
Inv.
2017-09-05
App.
2017-10-12
CO
2017-12-18
PCC
2017-12-18
HC
2017-12-20
Grant
2018-03-21
Citizenship criteria:
  • You must be a permanent resident at time of application and time of decision
    • If you were granted a permanent resident visa before you arrived in Australia, your permanent residence date is the date that you arrived in Australia on that visa
    • If you were granted a permanent resident visa after you arrived in Australia, your permanent residence date will be the date that the visa was granted
  • You must meet residency requirements (listed in the next section)
    • A period of confinement in a prison or psychiatric institution by order of a court because of an offence against Australian law, will not be counted as part of your lawful residency in Australia (except in some limited circumstances)
    • You might be eligible to be exempted form this requirements or changed criteria if
      • you or your family are a member of the Australian Defence Force (ADF), or
      • you have ministerial discretions, or
      • If you are seeking to engage in activities that are supported by particular organisations, such as the Australian Olympic and Paralympics committees, Tennis Australia, Cricket Australia or a federal government agency (check residency requirements - type A)
      • If you can provide evidence from an employer that shows that you were required to travel outside Australia for that work (check residency requirements - type B)
    • Children under 16 years of age do not need to meet this criteria
  • You must be of good character
  • You must have a basic knowledge of English
  • You have to pass a citizenship test of the responsibilities and privileges of Australian citizenship
    • If you are 60 years of age or over you are not required to sit the citizenship test

Residency Requirements:
  • You must have lived in Australia on a valid Australian visa for four years immediately before applying
  • You must have been a permanent resident for the 12 months immediately before making the application
  • You must not have been absent from Australia for more than one year in total four year period
  • You must not have been absent from Australia for more than 90 days in the 12 months before applying

Residency Requirements - Type A:
  • You must have been living in Australia on a valid visa which allows permanent residency for two years immediately before you apply
  • During those two years you must have been lawfully present in Australia for at least 180 days
  • You must have been lawfully present in Australia at least 90 days in the 12 months immediately before lodging your application
Residency Requirements - Type B:
  • You have worked in that occupation for at least a total of two out of the past four years
  • You must have held a valid Australian visa for four years immediately before applying
  • You must have held a permanent resident visa for one year immediately before applying
  • You must have been living in Australia for a total of 16 months (480 days) during the four years before you apply
  • You must have been living in Australia at least for four months (120 days) of that time in the year immediately before your application
  • Your occupation must be as
    • a member of the crew of a ship or aircraft
    • a worker on a resources installation or a sea installation
    • a Chief Executive Officer or Executive Manager of an S&P/ASX All Australian 200 listed company
    • a Scientist employed by:
      • an Australian university who has attained a PhD in their field of speciality and is undertaking research and development of benefit to Australia or
      • Commonwealth Scientific and Industrial Research Organisation (CSIRO) or
      • a medical research institute which is a member of the Association of Australian Medical Research Institutes (AAMRI)
    • a medical specialist, internationally renowned in their field, who is a fellow of an organisation listed in Schedule 4- Part 1 of the Health Insurance Regulations 1975 (Cth) and holds a relevant qualification in relation to the organisation
    • a person who is a writer or is engaged in the visual or performing arts and who is the holder of, or has held, a Distinguished Talent Visa


Facts to check:
  • You can include children under 16 years of age in your citizenship application if they are permanent residents
  • You must intend to reside or maintain a close and continuing association with Australia
  • If you are 16 or 17 years of age and want to apply for Australian citizenship you need to complete and lodge Form 1290 Application for Australian citizenship – Other situations with the correct fee and all of the required documents
  • If you are 16 or 17 years of age and can not satisfy the residency requirements at the time of your application, you must prove that you would suffer significant hardship or disadvantage if you had to meet this requirement
Thanks for this info @ MysticRiver! But do you think is the difference between Residency Requirements Type A & B? Are they in addition to the general requirements?
 
  • Like
Reactions: H. Khan
MSA
2017-08-16
Skill
272499
SC
190 (VIC)
Point
65
EOI
2017-08-17
Inv.
2017-09-05
App.
2017-10-12
CO
2017-12-18
PCC
2017-12-18
HC
2017-12-20
Grant
2018-03-21

MysticRiver

Administrator
Staff member
Messages
13,610
Points
113
Resudency requirements A & B are special conditions for people who cannot meet the general criteria due to listed reasons. If someone meets general criteria, he has nothing to do with requirements A & B.
 

Bolivia

Collaborator
Entitled Member
Messages
137
Points
28
MSA
2017-08-16
Skill
272499
SC
190 (VIC)
Point
65
EOI
2017-08-17
Inv.
2017-09-05
App.
2017-10-12
CO
2017-12-18
PCC
2017-12-18
HC
2017-12-20
Grant
2018-03-21
Resudency requirements A & B are special conditions for people who cannot meet the general criteria due to listed reasons. If someone meets general criteria, he has nothing to do with requirements A & B.
That's great! Thanks for your reply.
 
MSA
2017-08-16
Skill
272499
SC
190 (VIC)
Point
65
EOI
2017-08-17
Inv.
2017-09-05
App.
2017-10-12
CO
2017-12-18
PCC
2017-12-18
HC
2017-12-20
Grant
2018-03-21

thepurist

Collaborator
Entitled Member
Messages
301
Points
43
MSA
2017-03-14
Skill
261111
SC
189
Point
70
EOI
2017-03-27
Inv.
2017-08-09
App.
2017-09-09
CO
2017-10-17
PCC
2017-10-18
HC
2017-10-18
Grant
2018-02-21
Resudency requirements A & B are special conditions for people who cannot meet the general criteria due to listed reasons. If someone meets general criteria, he has nothing to do with requirements A & B.
Great to hear. So I hope I can fulfill the requirements so I can apply for citizenship before I'm required to get a returning resident visa. Less of an issue.
 
  • Like
Reactions: MysticRiver
MSA
2017-03-14
Skill
261111
SC
189
Point
70
EOI
2017-03-27
Inv.
2017-08-09
App.
2017-09-09
CO
2017-10-17
PCC
2017-10-18
HC
2017-10-18
Grant
2018-02-21

aving1001

Wanderer
Messages
24
Points
3
MSA
2018-03-29
Skill
261111
SC
190(NSW)
Point
80
EOI
2018-03-29
Inv.
2018-05-03
App.
2018-05-05
@MysticRiver one more query , I have been on 457 visa for about 1.5 year now and I am applying for PR soon ( as soon as i get invite- have received NSW pre invite last week and have applied for nomination) , would that be counted as period of residency for total count of 4 years condition or does my time counter starts after PR is granted.
 

MysticRiver

Administrator
Staff member
Messages
13,610
Points
113
In the current rule, citizenship eligibility requires you to be in Australia for 4 years in any vias as long as the last 12 months is on a PR visa. So, your 457 stay will be counted under current rule.

However, the government is trying to pass a new law to be affected from July 1 which proposes the requirement to be changed such that all 4 years needs to in a PR visa.
 

aving1001

Wanderer
Messages
24
Points
3
MSA
2018-03-29
Skill
261111
SC
190(NSW)
Point
80
EOI
2018-03-29
Inv.
2018-05-03
App.
2018-05-05
In the current rule, citizenship eligibility requires you to be in Australia for 4 years in any vias as long as the last 12 months is on a PR visa. So, your 457 stay will be counted under current rule.

However, the government is trying to pass a new law to be affected from July 1 which proposes the requirement to be changed such that all 4 years needs to in a PR visa.
Thanks @MysticRiver
 
A

Ankur Gandhi

Guest
Hi,
Quick question regarding Facts to check:
What do you mean by "you must prove that you would suffer significant hardship or disadvantage if you had to meet this requirement".
I am thinking to apply for Citizenship for my daughter who is under 15 and but have not met the residence requirement. And we (Parents) are also not citizen of Australia. I found same information on the Australia Gov website stating same "you must prove that you would suffer significant hardship or disadvantage if you had to meet this requirement".


Thanks
Anku
 

MysticRiver

Administrator
Staff member
Messages
13,610
Points
113
What do you mean by "you must prove that you would suffer significant hardship or disadvantage if you had to meet this requirement".
That should be some extreme circumstances when you won't be able to meet criteria without suffering major mental/physical/financial blow.
 

sumit.sharma86

Wanderer
Messages
28
Points
3
MSA
2018-10-23
Skill
263111
SC
189
Point
75
EOI
2018-11-15
Inv.
2018-12-11
App.
2019-01-22
PCC
2019-01-12
HC
2019-02-08
Grant
2019-04-24
IED
2020-02-10
Hello @MysticRiver ,

I have a bit of confusion here. As per the criteria, the person should stay in Australia for 4 years before filing citizenship. I got my PR grant but planning to move to Australia after 2 years. Now, my confusion is, will the 4 years time start from the day I go to activate my PR or will the time start from the day I move, that is after 2 years.
 
MSA
2018-10-23
Skill
263111
SC
189
Point
75
EOI
2018-11-15
Inv.
2018-12-11
App.
2019-01-22
PCC
2019-01-12
HC
2019-02-08
Grant
2019-04-24
IED
2020-02-10

mohsinciddiki

Moderator
Staff member
Messages
1,837
Points
83
MSA
2018-08-02
Skill
261111
SC
189/190
Point
75/80
EOI
2018-08-17
Inv.
2018-11-11
App.
2018-12-22
CO
2019-03-27
PCC
2019-02-23
HC
2019-02-18
Grant
2019-06-03
IED
2020-02-20
will the 4 years time start from the day I go to activate my PR or will the time start from the day I move, that is after 2 years.
You total number of consolidated days for which you stayed in Australia should be equivalent to 4 years. This includes initial entry, occasional visits to Australia(if any) after PR as well as the time spent after the final move
 
MSA
2018-08-02
Skill
261111
SC
189/190
Point
75/80
EOI
2018-08-17
Inv.
2018-11-11
App.
2018-12-22
CO
2019-03-27
PCC
2019-02-23
HC
2019-02-18
Grant
2019-06-03
IED
2020-02-20

sumit.sharma86

Wanderer
Messages
28
Points
3
MSA
2018-10-23
Skill
263111
SC
189
Point
75
EOI
2018-11-15
Inv.
2018-12-11
App.
2019-01-22
PCC
2019-01-12
HC
2019-02-08
Grant
2019-04-24
IED
2020-02-10
You total number of consolidated days for which you stayed in Australia should be equivalent to 4 years. This includes initial entry, occasional visits to Australia(if any) after PR as well as the time spent after the final move
What if I file my citizenship after 5 years of final movement?
 
MSA
2018-10-23
Skill
263111
SC
189
Point
75
EOI
2018-11-15
Inv.
2018-12-11
App.
2019-01-22
PCC
2019-01-12
HC
2019-02-08
Grant
2019-04-24
IED
2020-02-10

mohsinciddiki

Moderator
Staff member
Messages
1,837
Points
83
MSA
2018-08-02
Skill
261111
SC
189/190
Point
75/80
EOI
2018-08-17
Inv.
2018-11-11
App.
2018-12-22
CO
2019-03-27
PCC
2019-02-23
HC
2019-02-18
Grant
2019-06-03
IED
2020-02-20
What if I file my citizenship after 5 years of final movement?
Above mentioned criteria are the "Minimum" criteria not maximum. You can file after 10 years also if eligible
 
MSA
2018-08-02
Skill
261111
SC
189/190
Point
75/80
EOI
2018-08-17
Inv.
2018-11-11
App.
2018-12-22
CO
2019-03-27
PCC
2019-02-23
HC
2019-02-18
Grant
2019-06-03
IED
2020-02-20

MysticRiver

Administrator
Staff member
Messages
13,610
Points
113
To simplify:

1) You can't apply before 4 years are passed since your first entry to Australia (in any visa)
2) In the 4 years prior to your application date, you need to stay in Australia for 3 years at least
3) In the 12 months prior to your application date, you need to stay in Australia for 9 months at least

Also, there are other subtle requirements, especially if you didn't hold a PR visa the whole time. Check the first post
 

Siddhesh

Commoner
Messages
67
Points
8
MSA
2017-07-12
Skill
233213
SC
190 NSW
Point
75
EOI
2018-02-24
Inv.
2018-03-02
App.
2018-04-18
HC
2018-04-16
Grant
2018-08-14
In the current rule, citizenship eligibility requires you to be in Australia for 4 years in any vias as long as the last 12 months is on a PR visa. So, your 457 stay will be counted under current rule.

However, the government is trying to pass a new law to be affected from July 1 which proposes the requirement to be changed such that all 4 years needs to in a PR visa.

What in terms of people who are on 190 Visa and not lived in the sponsoring state for the 2 year period?
 
MSA
2017-07-12
Skill
233213
SC
190 NSW
Point
75
EOI
2018-02-24
Inv.
2018-03-02
App.
2018-04-18
HC
2018-04-16
Grant
2018-08-14

MysticRiver

Administrator
Staff member
Messages
13,610
Points
113
What in terms of people who are on 190 Visa and not lived in the sponsoring state for the 2 year period?
Theoretically, that should violate the state requirement for the nomination, but in practice haven't seen a case where it was enforced.
 
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