The Preamble to the Australian Citizenship Act 2007 (the Act) provides that Parliament recognises that Australian citizenship represents full and formal membership of the community of the Commonwealth of Australia.
Rights and responsibilities of Australian citizenship
Rights
Australian citizenship includes the right to:
- apply for an Australian passport and re-enter Australia freely;
- ask for consular assistance from an Australian consulate while overseas;
- vote in federal, state or territory, and local elections;
- vote in a Constitutional referendum or plebiscite;
- seek election to parliament;
- apply for children born overseas to become Australian citizens by descent; and
- apply for a job in the Australian Public Service or in the Australian Defence Force.
Responsibilities
The responsibilities of Australian citizenship include obligations to:
- obey the laws of Australia;
- vote in federal, state or territory, and local elections, and in a Constitution referendum or plebiscite;
- defend Australia should the need arise; and
- serve on jury duty if called to do so.
Acquiring Australian citizenship
- Acquiring citizenship automatically
- Acquiring citizenship by application
1. Acquiring citizenship automatically
A person can become an Australian citizen automatically.
Subsection 2A of the Act provides a simplified outline of the Act as follows:
The most common way a person can become an Australian citizen automatically, in accordance with this Act, is by being born in Australia and by having one or both of the person’s parents being an Australian citizen or a permanent resident at the time of the person’s birth.
There are some other, less common, ways of becoming an Australian citizen under Division 1 of Part 2 of this Act. These cover:
- citizenship by being born in Australia and by being ordinarily resident in Australia for 10 years beginning on the day the person is born: see paragraph 12(1)(b) of the Act; and
- citizenship by adoption: see section 13 of the Act; and
- citizenship for abandoned children: see section 14 of the Act; and
- citizenship by incorporation of territory: see section 15 of the Act.
2. Acquiring citizenship by application
The other way to become an Australian citizen is by application to the Minister. Division 2 of Part 2 of the Act covers this.
There are four situations in which a person can apply for Australian citizenship:
2.1 Citizenship by descent (Subdivision A);
2.2 Citizenship for persons adopted in accordance with the Hague Convention on Inter country Adoption or a bilateral arrangement (Subdivision AA);
2.3 Citizenship by conferral (Subdivision B); and
2.4 Resumption of citizenship (Subdivision C).
2.1 Acquiring Australian citizenship by descent
A person may be eligible for Australian citizenship by descent (Subdivision A of Division 2 of Part 2 of the Act) in two situations:
- They were born outside Australia on or after 26 January 1949 and, amongst other things, a parent of theirs was an Australian citizen at the time of their birth (as per subsection 16(2)(a)of the Act); or
- They were born outside Australia or New Guinea before 26 January 1949 and, amongst other things, a parent of theirs was an Australian citizenon 26 January 1949 (as per subsection 16(3) of the Act).
The Minister must not approve an application for Australian citizenship by descent on grounds relating to:
- Non-satisfaction of identity (as per subsection 17(3)of the Act);
- National security (as per subsections 17(4)to (4B) of the Act); or
- Cessation of Australian citizenship (as per subsection 17(5)of the Act).
The Minister must not approve an application for Australian citizenship by descent if the applicant meets either paragraph 16(2)(c) or 16(3)(c) of the Act and is not of good character at the time of the Minister’s decision.
2.3 Acquiring Australian citizenship by conferral
There are seven ways a person may be eligible to apply for Australian citizenship by conferral. (Subdivision B of Division 2 of Part 2 of the Act). These include the following situations:
- Persons aged 18 or over who satisfy the general eligibility criteria and successfully complete a citizenship test as per subsections 21(2) and 21(2A) of the Act. See information below for more detail, and refer to CPI 1 – Australian Citizenship by Conferral – General Eligibility;
- Persons with a permanent or enduring physical or mental incapacity (as per subsection 21(3) of the Act). Refer to CPI 2 – Australian Citizenship by Conferral – Permanent or Enduring Physical or Mental Incapacity;
- Persons aged 60 or over or who have a hearing, speech or sight impairment (as per subsection 21(4) of the Act). Refer to CPI 3 – Australian Citizenship by Conferral – 60 or Over or Impairment;
- Persons aged under 18 years of age (as per subsection 21(5) of the Act). Refer to CPI 4 – Australian Citizenship by Conferral – Person under 18;
- Persons born to a former Australian citizen (as per subsection 21(6) of the Act). Refer to CPI 5 – Australian Citizenship by Conferral – Person born to former Australian Citizen;
- Persons born in Papua (as per subsection 21(7) of the Act). Refer to CPI 6 – Conferral of Australian Citizenship – Person born in Papua; and
- Stateless persons (as per subsection 21(8) of the Act). Refer to CPI 7 – Citizenship by Conferral – Statelessness.
General eligibility
In respect of general eligibility, a person is eligible to become an Australian citizen, if the Minister is satisfied that the person:
- is aged 18 or over at the time the person made the application; and
- is a permanent resident at the time the person made the application and at the time of the Minister’s decision on the application; and
- satisfies the general residence requirement in section 22 of the Act or the special residence requirement in sections 22A or 22B of the Act, or satisfies the defence service requirement in section 23 of the Act at the time the person made the application; and
- understands the nature of the application under subsection 21(1)of the Act; and
- possesses a basic knowledge of the English language; and
- has an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship; and
- is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and
- is of good character at the time of the Minister’s decision on the application
Circumstances in which the Minister may be required to refuse an application for Australian citizenship by conferral
The Minister may be required to refuse an application for Australian citizenship by conferral on grounds relating to:
- Non-satisfaction of identity (as per subsection 24(3)of the Act);
- National security (as per subsections 24(4)to (4C) of the Act);
- Non-presence in Australia (as per subsection 24(5)of the Act);
- Offences (as per subsection 24(6)of the Act); or
- Cessation of Australian citizenship (as per subsection 24(7)of the Act).
Citizenship test
A person who applies under the general eligibility stream must, amongst other things, satisfy that they understand the nature of the application, possess a basic knowledge of the English language, and demonstrate an adequate knowledge of Australia and the responsibilities and privileges of Australian citizenship (paragraphs 21(2)(d),(e) and (f) of the Act).
Relevantly, subsection 21(2A) provides that these criteria are taken to be satisfied if the Minister is satisfied that the person has sat the citizenship test approved under section 23A (refer to section 23A of the Act for more information).
Pledge of commitment
If the Minister approves an application for Australian citizenship by conferral, the person, who is required to make a pledge of commitment, must do so within 12 months after the day on which the person received notice of approval unless they meet the exceptions outlined under section 26 of the Act.
Applicants for citizenship by conferral are not required to make a pledge of commitment if:
- they were aged under 16 at the time they made their application to become an Australian citizen; or
- they have a permanent or enduring physical or mental incapacity at the time of application, that meant they were not capable of: understanding the nature of the application at that time, or demonstrating a basic knowledge of the English language at that time, or demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or
- they lodged their application for citizenship by conferral under provisions relating to persons born to a former Australian citizen (see subsection 21(6)of the Act), persons born in Papua (see subsection 21(7) of the Act) or on grounds relating to statelessness (see subsection 21(8) of the Act).
Schedule 1 to the Act prescribes two forms in which a person must make the pledge. The person can choose either form of the pledge. Refer to section 27 of the Act for further information.
Citizenship ceremonies
The final step in the acquisition of Australian citizenship by conferral, for most people, is to make the pledge of commitment in public (if it is reasonably practicable to do so) at an Australian citizenship ceremony (sub regulation 10 of the Regulation). Australian Citizenship ceremonies are public occasions, which fulfil legal requirements prescribed by the Act and the Regulation. They also provide an important opportunity to formally welcome new Australian citizens as full members of the Australian community.
At the Australian citizenship ceremony, conferees accept their obligations as an Australian citizen by pledging their loyalty to Australia, sharing Australia’s democratic beliefs, respecting the rights and liberties of the people of Australia, and upholding and obeying Australian laws.
Losing Australian Citizenship and Unreasonable delays
Evidence for Australian citizenship process
Top source countries for Australian Citizenship
Based on the information contained in the House of Reps transcript dated Monday 18 June, 2018.
Citizenship test resource and practice tests
Citizenship Test
The test is conducted in English only.
The citizenship test is designed to assess whether you have an adequate knowledge of Australia and the responsibilities and privileges of Australian citizenship.
The test is also designed to assess whether you have a basic knowledge of the English language. English is our national language. Communicating in English helps you to play a more active role in Australian society. It helps you to take full advantage of education, employment and the other opportunities Australia has to offer.
The free citizenship test resource contains everything you need to know to help you pass the test.
Read: Australian Citizenship Our Common Bond – Testable – English
Prepare for the Citizenship test and interview.
It has all the information you need to help you pass the test.
Link: https://immi.homeaffairs.gov.au/citizenship/test-and-interview/prepare-for-test
The Australian citizenship practice test
https://immi.homeaffairs.gov.au/citizenship/test-and-interview/prepare-for-test/practice-test-new
Podcast
This podcast will help you prepare for the Australian citizenship test. It presents the main points in the testable section of the resource booklet Australian Citizenship: Our Common Bond.
https://immi.homeaffairs.gov.au/citizenship/test-and-interview/listen-to-podcast
The podcast has been updated to refer to His Majesty King Charles III following the passing of Her Majesty Queen Elizabeth II. Work is underway to reflect the change in the translated versions of the booklet.
1195 Identity Declaration (July 2021)
NOTE 1: This is a fillable pdf form.
NOTE 2: You must complete separate form 1195 for yourself and each person included in the online application.
NOTE 3: Read the form for photograph requirements.
NOTE 4: If you have been our client for the required duration, we can assist with questions 2 and 3 of this form.
NOTE 5: You must fill in all details accurately. Any inaccurate information will have a detrimental outcome and result in more fees.
Australian citizen (by conferral) for Permanent residents, including New Zealand Special Category visa (SCV) holders.
Meet the general residence requirement – at the time you apply, you must have been:
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The residence requirement for a conferral of Australian citizenship application is based on the time you have lived in Australia and the time you have spent outside Australia.
Residence requirement
To: estimate the number of days you have lived in Australia.
| Permanent residence date | |
| Lawful residence date | |
| Intended application date |
All absences from Australia in the last 4 years.
In Chronological order
| Departure Date | Return Date |
Identity documents
All applicants must provide proof of their identity and provide the following documents.
- Three (3) original documents that collectively show you:
- photograph
- signature
- current residential address
- birth name, date of birth and gender.
- Proof of change of name, if applicable
- The Identity declaration completed by a person with the relevant authority and accompanied by an endorsed photograph signed by the same person. If you are applying on a paper application, this is contained in the form. If you are applying online, aForm 1195 – Identity Declaration is required for yourself and each person included in your application form.
The Identity documents checklist
Evidence of your date of birth, birth name and any changes of name
| Document | Checked |
| A full birth certificate from your country of birth which includes the name of your parent(s), or a family/household registration document Note – commemorative birth certificates or birth certificates without parent (s) names are not acceptable |
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| Evidence of links between present and previous names, for example a marriage or divorce certificate, if applicable | |
| Change of name documents from an Australian Registry of Births, Deaths and Marriages, if applicable | |
| Documents showing other names that you or your children have been known by. |
A current document with your photograph and/or signature
| Document | Checked |
| An Australian driver’s licence, or | |
| A passport, or | |
| UNHCR document, or | |
| A national identity card, or | |
| Other documents containing a signature and photograph such as: an air crew identity document, seafarer identity document, military identity document or student card. |
Evidence of your current residential address
| Document | Checked |
| A utilities notice such as electricity, gas or water bill, or | |
| Rental contracts or rates notice. |
Evidence of your identity in the community
| Document | Checked |
| An Identity declaration including one passport-sized photograph both signed by an Australian citizen with the correct authority.
If you are applying using a paper application form, the identity declaration is contained in your form. If you are applying online, submit Form 1195 – Identity declaration (attached) |
Evidence of when you first arrived in Australia
If you are applying for Australian citizenship by conferral, you are required to provide evidence of your entry to Australia.
| Document | Checked |
| Current and previous passport, or | |
| Travel document with visa such as a Document for Travel to Australia, PLO56 (M56), Titre de Voyage |
Children
You will need to provide documents for any children on your application too, including:
- a full birth certificate or family register containing parent’s details
- a travel document or passport, if they are not on your passport
- evidence of links between birth name and current name, if applicable
- one passport-sized photograph and identity declaration signed by an Australian citizen with the appropriate authority.
If there are any parenting orders relating to your children, or they have been adopted, then you will need to provide these documents too.
Good character documents
You need to provide a penal clearance certificate if, in the time since you were granted a permanent Australian visa:
- you lived or travelled outside Australia since the age of 18 years
- the total time spent overseas adds up to 12 months or more.
Provide a penal clearance certificate from every country in which you spent more than 90 days.
We might also ask you to provide a penal clearance certificate in other circumstances.
If you need a penal clearance from Australia, we will arrange it on your behalf. You do not need to pay an additional fee.
Australian National Police Check
If you are 16 years of age or over, we will request a check on your behalf from the National Police Checking Service.
Supporting documents
Depending on your application, you might also need to supply:
- evidence for exemptions, discretions and concessions
- evidence of the special residence requirement
- evidence of residence – New Zealand and British migrants
- documents related to children included in the application.
List of supporting documents, you will need to provide
Supporting documents for 1300t and 1290 applications
The topics below provide a checklist of other supporting documents commonly required. You only need to provide those that apply to your situation.
Evidence of eligibility
Your eligibility depends on your situation. Provide the documents listed in the table below that are relevant.
| Document |
| Medical evidence of an enduring physical or mental incapacity from a specialist medical practitioner registered in Australia |
| Medical evidence of permanent loss or substantial hearing, speech or sight impairment from a specialist medical practitioner registered in Australia |
| Evidence of your birth in Papua before 16 September 1975 to an Australian citizen parent |
| Evidence of your birth to a former Australian citizen |
Evidence for exemptions, Ministerial discretions and concessions
Provide the documents listed in the table below that are relevant to your situation.
Evidence for the special residence requirement
Provide the documents listed in the table below that are relevant to your situation.
| Document |
| A letter from the Australian Olympic Committee, Australian Paralympic Committee, Tennis Australia or government agency providing evidence that you are seeking to engage in an activity, and that the organisation is supporting your application for citizenship
or A letter of support from your employer confirming details of your employment as a member of a ship or aircraft crew, or your work on a resources or sea installation, including length of time in the role |
| Proof that although you have spent periods of time overseas, your home has been in Australia. Examples of proof may include the presence of a spouse or children in Australia, evidence of property, tenancy agreements, rates notices or income tax payments |
Evidence of residence — New Zealand and British migrants
Provide the documents listed in the table below that are relevant to your situation.
| Document |
| For New Zealand citizens who were not in Australia on 26 February 2001 and held a Special Category visa, a Centrelink certificate stating that you were residing in Australia at a particular time |
| If you are a British subject who does not have evidence of entry to Australia and you arrived before 1 January 1975, evidence of residence is required, for example employment, taxation and school records. The National Archives of Australia can help with documents pre-1974, Telephone: 1300 886 881 |
Documents relating to children
Provide the documents listed in the table below that are relevant to your situation.
| Document |
| Birth certificate Passports or other travel documents Endorsed passport sized photograph as part of the Identity Declaration |
| Evidence of any name changes |
| Any orders relating to the custody, guardianship or parental responsibility for your child, if this applies |
| Evidence of adoption of your child, if your child was adopted overseas |
Knowledge of Australia
You must understand what it means to be an Australian citizen. To assess this, most applicants will sit the citizenship test.
At the time you have an 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
- an understanding and commitment to Australian values based on freedom, respect and equality
If you score 75% or more on our citizenship test, and answer all 5 questions on Australian values correctly, then you meet our knowledge requirement.
Close and continuing link to Australia
We must be satisfied that you are likely to live or continue to live in Australia, or maintain a close and continuing link with Australia while overseas.
Citizenship is a privilege that requires a long-term commitment to Australia.
A close and continuing association with family or other social relationships in Australia, including people who are Australian citizens, may not be sufficient to be considered as having a close and continuing link to Australia on its own.
When we assess your close and continuing link to Australia, we will consider your living arrangements and migration status, including:
if you rent or own property and where this property is located
if you have high value items and where these are located, such as a house, property, car or bank account
any commitments or ties to Australia, such as your source of income, employment situation, family situation, and schooling arrangements
your travel into and out of Australia, your reason for travel, the number of times you travelled into and out of Australia, and how long you were in each place
participation in the Australian community, such as being part of community groups, clubs or charities that provides services or opportunities
if you have close Australian permanent resident or citizen family members who intend to reside in Australia, such as a spouse, de facto partner or child/ren.
Documents not in English
Documents not in English must be translated.
If you are applying in Australia, use a translator accredited by the National Accreditation Authority of Translators and Interpreters.
If you are applying outside Australia, contact the Australian mission in the country which issued the document for advice on translators.
Include the translation and the document which is not in English with your application.