Last updated 30 September 2024

As provided in s 12 of the Australian Citizenship Act 2007 (Cth) (Australian Citizenship Act), the most common way a person becomes an Australian citizen is by being born in Australia and by having a parent who is an Australian citizen or a permanent resident at the time of their birth.

There are other, less common, ways of acquiring automatic Australian citizenship under pt 2 div 1 of the Australian Citizenship Act:

  • citizenship by being born in Australia and by being a resident in Australia for the next 10 years (s 12 (1)(b))
  • citizenship by adoption (s 13)
  • citizenship for abandoned children (s 14)
  • citizenship by incorporation of territory (s 15).

Citizenship by descent

In certain circumstances a person born outside Australia may apply for citizenship through their parents’ status as Australian citizens. At the time of the birth at least one of the parents must be an Australian citizen. To obtain citizenship by descent, a person must make an application to become an Australian citizen. The Department of Home Affairs (Home Affairs) can approve or refuse the application.

Citizenship by conferral

General conferral provisions

Citizens of other countries who are settled permanently in Australia may apply for and receive Australian citizenship by the process of grant. To be granted citizenship, an applicant has to satisfy a number of statutory requirements (div 2 subdiv B Australian Citizenship Act). They should:

  1. be a permanent resident
  2. be 18 years or over
  3. understand the nature of the application
  4. generally have been lawfully present in Australia for at least four years including at least 12 months as a permanent resident. Absences of up to 12 months are allowed during the four years, including no more than three months absence during the 12 months immediately before applying. However, if a person was born in Australia or is a former Australian citizen, they need only be present in Australia as a permanent resident for the 12 months immediately before applying (use the residence calculator for the purpose of citizenship applications)
  5. be of good character
  6. possess a basic knowledge of the English language (tested through the citizenship test)
  7. have an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship, evidenced by passing the citizenship test
  8. if granted Australian citizenship, be likely to live or continue to live in Australia or to maintain a close and continuing association with Australia.

Requirements 3, 6 and 7 are taken to be satisfied where a person successfully completes the citizenship test. Applicants under the age of 18 years or aged 60 years and over, as well as those with a permanent physical or mental incapacity, permanent or substantial loss of hearing, speech or sight do not need to satisfy these requirements.

Conferral for particular groups

Separate conferral provisions apply to particular groups so that they do not need to use the general conferral provisions to obtain citizenship:

  • Non-citizen children born outside Australia and adopted outside Australia by one or more Australian citizen parents may apply for a grant of citizenship in accordance with the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (s 19B Australian Citizenship Act).
  • Persons born outside Australia to a parent who ceased to be an Australian citizen under provisions of the old Act, which prohibited dual nationality, can apply for citizenship when they reach the age of 18 (s 20(6)).
  • Stateless persons who were born in Australia who never have been and are not entitled to citizenship in any other country can be granted Australian citizenship (s 20(8)).

Exemptions to residence requirements

The above requirements have to be met by most applicants. However, in certain circumstances, specific requirements do not have to be satisfied, and/or there is a discretion for the Minister for Immigration, Citizenship and Multicultural Affairs (minister) to grant citizenship even where requirements are not satisfied. Hardship and service in the armed forces of Australia are two of the factors that may impact on the residence requirements.

Spouses and de facto partners of Australian citizens, as well as surviving spouses and de facto partners of Australian citizens who have died, and who are themselves permanent residents, can have periods of time spent overseas as a permanent resident counted towards the required periods of lawful residence in Australia, if the minister is satisfied that the person had a close and continuing association with Australia during those periods (ss 22(9), 22(11) Australian Citizenship Act).

Residence requirements will not be met if time has been spent in prison or in a psychiatric institution unless the minister determines this would be unreasonable (ss 22(1C), 22(5A) Australian Citizenship Act).

Exemption from the citizenship test

People who would ordinarily need to pass the citizenship test can apply for an exemption if they have a permanent or enduring mental or physical incapacity. The incapacity must be:

  • either permanent or enduring
  • be the direct cause of the applicant being either unable to:
    • understand the nature of the citizenship application
    • demonstrate their knowledge of English
    • demonstrate their knowledge of Australia or the responsibilities and privileges of citizenship.

The quality of medical evidence is critical. It needs to directly address each of the points above and come from an accepted practitioner. For mental incapacities, an accepted practitioner has to be either a:

  • psychiatrist who is a fellow of the Royal Australian and New Zealand College of Psychiatrists
  • medical practitioner who is a fellow of the Australian Society for Psychological Medicine
  • psychologist who is registered with the Psychology Board of Australia, has a practice endorsement in an area relevant to the problem, and is registered with Medicare for these purposes (e.g. clinical psychologists, forensic psychologists and clinical neuropsychologists).

For physical incapacities, a report from a relevant specialist is required.

Reports by general practitioners are not accepted for either type of incapacity, but applicants from regional or remote areas can provide evidence of a physical incapacity from a doctor who is a fellow of the Australian College of Rural and Remote Medicine.

Applicants applying for an exemption will also be interviewed in relation to their incapacity prior to acceptance of the application.

Citizenship pledge

A pledge of commitment as a citizen of the Commonwealth of Australia must be made by virtually all applicants aged 16 years or over. It must be made to the minister or a person authorised by the minister (s 27, sch 1 Australian Citizenship Act).

How to apply for citizenship

Adults aged under 60 who do not qualify for an exemption to the citizenship test or a fee reduction can apply online through an IMMI Account, as can family groups. Others, people who qualify for a fee reduction, applying for exemption from the test because they have a permanent or enduring mental incapacity, stateless children and older adults need to use paper forms and apply by post. The Department of Home Affairs website contains links to the relevant forms for each type of special application.

It is very important that the information in a person’s citizenship application is consistent with that provided in their previous visa applications and/or that any errors in the visa applications are corrected before applying for citizenship. Failing to do this can trigger a visa cancellation on the ground of having provided incorrect or misleading answers in the visa application.

Citizenship rights

People acquiring Australian citizenship are entitled to the same rights as who are citizens by virtue of being born in Australia. These include the right to:

  • apply for appointment to any public office or to stand for election as a member of parliament (although holding joint nationality can create serious predicaments in the federal parliament)
  • vote at state and Commonwealth elections
  • apply for an Australian passport, and to leave and re-enter Australia without needing an authority to return.