You might be wondering why you need a citizenship lawyer. Becoming can Australian citizen is a dream for many. But this is not always easy. There are complex immigration laws and regulations to navigate, and even the smallest mistake can derail your application.
That's where a citizenship lawyer can help. A citizenship lawyer can guide you through the entire process from start to finish. They can ensure that your application is complete and accurate.
Citizenship Law in Australia
Australian citizenship law is governed by the Australian Citizenship Act 2007. Here are some key points about citizenship law in Australia:
- Automatic citizenship. Generally, a person born in Australia is automatically an Australian citizen if one or both of their parents are Australian citizens or permanent residents.
- Citizenship by descent. A person born outside of Australia may be eligible for Australian citizenship by descent if one or both of their parents were Australian citizens at the time of their birth.
- Citizenship by conferral. A person who is not eligible for automatic citizenship or citizenship by descent may be eligible for citizenship by conferral. This requires the person to apply for citizenship and meet certain eligibility criteria. This may include being a permanent resident or an eligible New Zealand Citizen, meeting residency requirements, passing an Australian citizenship test, and having basic knowledge of the English language.
- Dual citizenship. Australia allows dual citizenship, which means that a person can hold citizenship in more than one country.
- Citizenship certificate. An Australian citizenship certificate is an official document that shows that a person is an Australian citizen.
- Loss of citizenship. Australian citizenship can be lost if a person voluntarily renounces their citizenship or if they engage in certain activities, such as serving in the armed forces of a country at war with Australia.
What's the Difference Between Citizenship by Descent and by Conferral?
| Citizenship by descent | Citizenship by conferral |
| Automatically granted if one or both of your parents were Australian citizens at the time of your birth | Requires you to apply to the Australian Department of Home Affairs and meet certain eligibility criteria |
| Can be applied for at any time | Can be applied for once you have met the eligibility criteria |
| Does not require you to have lived in Australia | Requires you to have lived in Australia for a certain period of time |
| Does not require you to pass a citizenship test | Requires you to pass a citizenship test |
Which Type of Citizenship is Right for You?
If you are eligible for citizenship by descent, it is the simplest and fastest way to become an Australian citizen. However, if you are not eligible for citizenship by descent, you may still be able to apply for citizenship by conferral.
If you are unsure which type of citizenship is right for you, you should contact the Australian Department of Home Affairs for assistance.
Services Offered by a Citizenship Lawyer
A citizenship lawyer in Australia offers a range of services related to immigration law and citizenship, such as:
- Providing guidance and assistance with the citizenship application process, including preparing and submitting the application and responding to any requests for additional information.
- Providing legal representation in the event of any issues or disputes related to the citizenship application, such as administrative hearings and court proceedings.
- Having expertise in immigration assistance and can provide guidance on the citizenship application process, as well as other immigration-related matters.
- Providing assistance with applications for Australian visas, including preparing and submitting visa applications and responding to any requests for additional information
- Providing advice on permanent residency status requirements for citizenship, including the length of time a person must have lived in Australia before applying for citizenship.
- Providing assistance with appeals related to citizenship and complex immigration matters, including appeals to the Administrative Appeals Tribunal and the Federal Circuit Court.
- Help former Australian citizen or citizens acuire Australian citizenship again.
Citizenship Application Process
A citizenship lawyer in NSW can provide guidance and assistance with the citizenship application process, including preparing and submitting the application and responding to any requests for additional information. Here's a brief overview of the process for Australian citizenship application:
- Check your eligibility.
- Study for the citizenship test.
- Gather proper identification.
- Complete the application form with the required documents and pay the applicable fee to the Department of Home Affairs.
- Attend your citizenship appointment.
- Take the citizenship test and go through the interview.
- If approved, participate in the citizenship ceremony.
Check out this checklist for easy reference.
Common Citizenship Application Issues
- Failure to provide sufficient evidence. One common mistake is not providing enough evidence with the application. It is important to provide full and accurate details in the application and to ensure that all documents are genuine and contain correct information.
- Inconsistent information. Providing information in a citizenship application that is inconsistent with information provided in a previous valid visa application, or omitting certain information from a citizenship application altogether is another common mistake.
- Inadequate preparation for the citizenship test. Inadequate preparation for the citizenship test often leads to people failing the test, and falling at the final hurdle.
- Character issues. Applicants for Australian citizenship aged 18 years and over must be of 'good character'. The most common reason that an application for Australian Citizenship is refused is because the Department of Immigration and Border Protection (DIBP) has concerns about the applicant's character. It is important to be honest and forthright with the DIBP in the application and to disclose any criminal or immigration history.
- Identity issues. Issues with identity often occur when people who have come to Australia as refugees or asylum seekers apply for Australian citizenship. The Minister for Immigration or an officer from the Department of Immigration can refuse a person's application for Australian citizenship if they are not satisfied with that person's identity.
Get Help With Your Citizenship Application
Are you serious about becoming an Australian citizen? If so, it is important to have a qualified citizenship lawyer on your side. A citizenship lawyer can help you with all aspects of the application process, from checking your eligibility to gathering the required documentation.
Our citizenship lawyers at JB Solicitors can represent you in case of any problems with your application. We can help you with all aspects of the application process, from filling out the forms to gathering the required documentation. We have adequate knowledge in reviewing applications before submission to ensure that it is error-free.
Let our immigration lawyers help you achieve your dream of becoming an Australian citizen. Contact an immigration lawyer today.
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.