The most common way of becoming an Australian citizen is citizenship by conferral meaning one can obtain Australian citizenship by meeting specific requirements. What is citizenship by conferral meaning? It is a process through which a non-Australian citizen voluntarily becomes an Australian citizen. It is open to migrants, spouses or partners of an Australian citizen, eligible New Zealand citizens, and other non-Australian citizens.
Broadly speaking, you would need to be a permanent resident and meet specific eligibility requirements to fit under the citizenship by conferral meaning. And just like Australian citizens, you would have to pledge your loyalty to Australia, and its people. You would then receive its protection, and exercise rights and responsibilities as an Australian citizen.
The Australian Citizenship Act 2007 governs the rules for Australian citizenship, as well as the citizenship by conferral meaning and other relevant matters. This article discusses citizenship by conferral meaning and all matters relevant to it.
Citizenship by Conferral - Meaning and Requirements
Generally, to become an Australian citizen by conferral, you would have to:
- Be 18 years' old or above,
- Be a permanent resident of Australia,
- Understand basic English & knowledge of Australia,
- Pass the citizenship test, and
- Have no reason for refusal of your application.
Residency Requirement
An Australian permanent resident is eligible to apply for citizenship by conferral after 4 years. At the time of the application, you must have been:
- living in Australia on a valid visa for the past 4 years,
- a permanent resident or eligible New Zealand citizen for the past 12 months, and
- away from Australia for no more than 12 months in total in the past 4 years, including no more than 90 days in total in the past 12 months.
Your residency starts on the date your permanent residence visa was granted when you were in Australia or when you first entered Australia on a permanent visa. It is important to note that the residence requirement requires that the applicant must have lived in Australia lawfully, meaning on a temporary or permanent visa. Hence, if you have had a visa cancelled or expired, the 4-year period count would start again.
In addition, Australian citizenship is a privilege that requires along-term commitment to Australia. Hence, the applicant of citizenship by conferral must show that he or she genuinely wants to make Australia their home and continue to build a life in the country.
One can prove this by showing a close and continuing link to Australia. Factors showing that the applicant maintains a close and continuing association with Australia includes, but is not limited to, the following:
- a child who is an Australian citizen,
- a partner who is an Australian citizen and your time together,
- extended family in Australia,
- time spent in Australia,
- a bank account in Australia, and
- a job in Australia.
Character Requirement
The character requirement means that you must not have a criminal record. "Good character" involves the moral qualities of a person. The Department of Home Affairs will assess whether you are likely to uphold and obey the laws of Australia.
Good character is often assumed in the absence of pending criminal matters, criminal convictions or evidence of past misbehaviour. Factors that will be considered for the character requirement include, but are not limited to, the following:
- any recorded criminal convictions,
- obligations you may have to a court in Australia or overseas,
- incidents of reported domestic violence, and
- whether you have been honest in your dealings with the Australian community, including providing false or misleading information in relation to a visa or citizenship application.
Language Requirement
English is the national language of Australia. In order to be eligible for citizenship by conferral, applicants must prove that they have competent English. Parties who are a citizen of, and hold a valid passport from the United Kingdom, the Unites States of America, Canada, New Zealand or the Republic of Ireland meet this requirement.
However, for those who do not hold a valid passport from these countries, they should obtain English test results from one of the tests below:
- International English Language Testing System (IELTS Academic or General Training)
- Pearson Test of English Academic (PTE Academic)
- Occupational English Test (OET)
- Test of English as a Foreign Language internet-based Test (TOEFL iBT)
Citizenship Test Requirement
This requirement that you have knowledge of Australia and what it means to be an Australian citizen. At the time of your appointment, you must show that you have:
- a basic knowledge of the English language,
- an understanding of what it means to become an Australian citizen,
- an adequate knowledge of Australia and the responsibilities and privileges of citizenship, and
- an understanding and commitment to Australian values based on freedom, respect and equality.
If the applicant scores 75% or more on the citizenship test and answers all 5 questions on Australian values correctly, then they satisfy this requirement.
Most applicants for citizenship by conferral aged between 18 and 59 years will need to have an interview and sit the citizenship test. Some applicants aged 16 or 17 years, or who are aged 60 and over, may be required to have an interview but will not need to sit the citizenship test.
Since a score of at least 75% or more is needed to pass the citizenship test, it is advisable to study the official materials that are available for applicants. You can find more information on the citizenship test and official materials here.
Citizenship Ceremony
The Australian Citizenship Act 2007 provides that applicants should be willing to make a pledge of commitment to apply for citizenship by conferral. The pledge completes the process of becoming an Australian citizen by conferral.
A citizenship ceremony is where you make the Australian citizenship pledge of commitment. After your citizenship application is approved you will receive an invitation to attend a ceremony. ? Generally, the citizenship ceremony will take place within 3 months of the date that your application is approved, although waiting times may vary between different local councils.
Citizenship by Conferral Meaning and Entitlements
Citizenship by conferral includes the same rights, privileges and opportunities as any other Australian citizen. This includes staying in Australia indefinitely, the right to vote, serve in the jury, and work in Australian public service or Australian defence force.
You can have your own Australian passport and travel in and out of Australia as you please and have consular protection. And unlike permanent residents, an Australian citizen can travel to and from Australia without needing to renew the Resident Return Visa (RRV) every 5 years.
More opportunities include having access to student loans and medical facilities, applying for bank loans for buying property, and sponsoring eligible relatives for permanent residence.
The Importance of Seeking Legal Advice
You may be interested in becoming an Australian citizen by conferral to enjoy the same rights and benefits as any other Australian citizen. However, just because you have lived in Australia for 4 years does not mean you automatically fall under the citizenship by conferral meaning. DHA may refuse your application for various reasons such as failure to prove identity, criminal history, among other things.
JB Solicitors can help you. We have a team of experienced immigration lawyers that can ensure that your application meets all the legal requirements prescribed by law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.