Whether you are a New Zealand citizen living in Australia or have become an Australian permanent resident, there has never been a better time to look at your options for Australian citizenship.

Non-Australian citizens are required to obtain a visa before being allowed entry into Australia and often, this comes with many restrictions to protect the rights of Australian citizens.

Despite what many think, this is especially true for New Zealand (NZ) citizens who made or make their initial entry post-26 February 2001. Generally, this cohort will not need to submit a visa application and while the Special Category (444) Visa is granted automatically upon entry, NZ citizens entering Australia are considered ‘temporary’ visa holders. They will be able to reside in Australia indefinitely, with full work rights, but, they will also be treated in the same manner as all other restricted temporary visa holders.

Benefits of Becoming an Australian Citizen

Acquiring Australian citizenship provides great opportunities for many who have made Australia their home and it ultimately gives them a sense of belonging, security and stability.

The benefits of becoming an Australian citizen include having:

• the ability to participate and/or vote in State and Federal elections

• a wider access to government jobs. NZ citizens and Australian permanent residents have the opportunity to work for some but, not all government agencies. All other temporary visa holders have tighter restrictions

• multiple return entry to Australia without having to apply for a resident return visa every 1 – 5 years

• the ability to apply for an Australian passport

• visa-free travel to over 150 countries whilst travelling on an Australian passport

• consular assistance if in trouble overseas

• access to the National Disability Insurance Scheme (NDIS) assistance if necessary and eligible. The NDIS aims to support people with disabilities, as well as their carers

• financial assistance for education

• assistance where an unexpected loss of income has occurred

Current Requirements

Applying for Australian citizenship by conferral generally requires applicants to:

• be an Australian permanent resident or be an eligible NZ citizen

• meet the residence requirement

• pass the citizenship test if under 60 years of age. Currently, the test can be completed as many times as is necessary

• demonstrate they are of good character if aged 18 years or over. Discretion is used during the assessment process

Eligible NZ Citizens

Eligible NZ citizens are considered to be certain NZ citizens who either:

• were in Australia on 26 February 2001 as a Special Category Visa (SCV) holder, or

• had spent at least 12 months in Australia as a SCV holder in the 24 months immediately prior to 26 February 2001

Residence Requirement

The following applicants are not required to meet the residence requirement:

• under 16 years of age, or

• those born to a former Australian citizen that lost their citizenship before 4 April 2002, or

• those born in Papua before 16 September 1975, has at least one parent born in Australia and have a parent that was an Australian citizen when the applicant was born.

For most other applicants, they will need to meet the residence requirements which consists having been in Australia for at least:

• 4 years on any temporary or permanent visa. The applicant must not have spent more than 12 months overseas, cumulatively, during this time; and

• 12 months as on permanent residence visa. The applicant must not have spent more than 90 days overseas, cumulatively, during this time.

There are limited circumstances that may make an applicant exempt from having to meet the residence requirements, including significant hardship or being in a marriage or de facto relationship with an Australian citizen providing there are close and continuing ties to Australia. These circumstances will be considered on a case by case basis.

It’s important to note that any periods of unlawfulness, for example, waiting for a delayed bridging visa to be approved, may impact the date an applicant is eligible to apply so it is recommended that prospective applicants seek qualified advice from a Registered Migration Agent or immigration lawyer registered with the Office of the Migration Agents Registration Authority (OMARA).

Attempts to Change the Current Citizenship Requirements

In April 2017, a number of significant changes were introduced to the migration program. At the same time, the Australian Government made concerted efforts to have the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 passed through parliament with a view to significantly increase the time spent living in and contributing to Australia, increase English language requirements, introduce tighter provisions around the citizenship test and demonstrate integration into the local community including evidencing contributions made to date.

The proposal was met with opposition from political parties who argued that those changes would see significantly contributing migrants being treated as second-class citizens, blocking their opportunity to take allegiance to Australia and sending the message that they don’t belong.

The proposal subsequently lapsed without being passed through the Senate however, the same issues have continued to be raised for possible implementation. Until then, applications are being assessed against the current requirements.

Recommendations

With frequent calls by political parties to change the current Australian citizenship legislation, combined with the impacts that Covid-19 has had on non-Australian citizens becoming unemployed, there has never been a better time to look at becoming an Australian citizen.

There are different pathways leading to Australian citizenship, some of which provide exemptions to the general residence criteria so contact us today to discuss your options.