Are you wondering what the checklist for citizenship application in Australia contains? There are actually three streams for citizenship. These three streams are specifically for:
- Permanent residents or New Zealand citizens (by conferral);
- People aged 60 years and over (by conferral); and
- People born overseas and their parents are Australian citizens (by descent)
There are many reasons why it is important to prepare a checklist when applying for Australian citizenship in Australia. Here are a few of the most important ones:
- To ensure that you have all of the required documents. The application process for Australian citizenship can be complex. Additionally, there are many different documents that you may need to provide. A checklist can help you to keep track of all of the required documents and make sure that you do not forget anything.
- To save time and avoid delays. The application process for Australian citizenship can take several months, and any delays can be frustrating. By preparing a checklist, you can help to ensure that your application is processed as quickly as possible.
- To reduce the risk of errors. The application process for Australian citizenship involves a lot of paperwork, and it is easy to make mistakes. A checklist can help you to avoid making errors, which could delay your citizenship application form or even result in your application being rejected.
- To feel more organised and prepared. Applying for Australian citizenship can be a daunting task. However, preparing a checklist can help you to feel more organised and prepared. This can make the process less stressful and help you to feel more confident about your chances of success.
We have prepared a checklist for you so you have everything you need if you want to be a part of the Australian community. This article will specifically cover Australian citizenship for permanent residents or New Zealand citizens (by conferral). Note that you should fill in Form 1195 Identity Declaration if you intend to apply online.
Australian Citizenship Application Form: Eligibility Requirements
To be eligible for Australian citizenship as permanent residents or New Zealand citizens (by conferral), you must:
- Be a permanent resident;
- Have lived in Australia for at least 4 years in the past 5 years;
- Not been absent from Australia for more than 12 months in total in the past 4 years. This includes no more than 90 days in the 12 months immediately before applying.
There are some exemptions to the residence requirement, such as if you:
- Are under 16 years old
- Were born to a former Australian citizen who lost their citizenship before 4 April 2002; or
- Were born in Papua before 16 September 1975.
- Are a member of the Australian Defence Force.
If you do not meet the residence requirement, you may be able to apply for a Ministerial discretion. This is a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. However, it is not guaranteed.
To apply for a Ministerial discretion, you must provide supporting evidence. This evidence may include things like:
- Documents that show you have a close and continuing association with Australia. This may include bank statements, tax returns, and property ownership records.
- Documents that show you have suffered significant hardship or disadvantage as a result of not meeting the residence requirement. This may include medical records or letters from your employer.
- Your eligibility to have a Ministerial discretion applied cannot be assessed in advance of an application for citizenship.
Checklist for Citizenship Application in Australia: Document Checklist
To apply for Australian citizenship, you will need to provide a variety of documents to prove your identity, good character (original police certificates), and eligibility for citizenship.
1. Identity Declaration Documents
You will need to provide three documents that together show your:
- Birth name;
- Date of birth and gender;
- Photograph;
- Signature; and present residential address; and
- Official evidence of any change of name
2. Good Character Documents
You will need to provide original documents of the folllowing:
- Overseas penal clearance certificates from each country where you spent 90 days or more since turning 18 years of age; and
- National Police Checking Service documents if you are 16 years of age or over.
3. Supporting Documents
You may need to provide extra documents to explain your current situation, such as:
- Proof of eligibility for any exemptions;
- Discretions and concessions.
- Proof of the special residence requirement; residence (for British migrants); and
- Your relationship with any children included in the application.
Here are some examples of the specific documents you may need to provide for each type of document:
Identity documents:
- Birth certificate
- Passport
- Driver’s license
- National identity card
- Marriage certificate (if you have changed your name)
- Divorce decree (if you have changed your name)
Good character documents:
- Overseas penal clearance certificates
- Australian National Police Check
Supporting documents:
- Proof of eligibility for any exemptions, discretions, and concessions:
- Medical evidence of an enduring physical or mental incapacity
- Medical evidence of permanent loss or substantial hearing, speech or sight impairment
- Proof of birth in Papua before 16 September 1975 to an Australian citizen parent
- Proof of birth to a former Australian citizen who lost citizenship before 4 April 2002
Proof of the special residence requirement:
- Statement to support a claim that you would suffer significant hardship or disadvantage if we did not vary the residence requirement
- Statement to support a claim that it would be unreasonable not to count time in a prison or psychiatric institution towards the residence requirement
Residence (for British migrants):
- Proof of your birth in the United Kingdom
- Proof of your permanent residence in Australia for at least 4 years
- Your relationship with any children included in the application:
- Complete birth certificate of the child
- Marriage certificate (if you are the child’s parent)
- De facto relationship certificate (if you are the child’s de facto partner)
What Was the Commonwealth Child Migration Scheme?
The Commonwealth Child Migration Scheme (CMCS) created a special category of Australian citizens known as “child migrants.” Child migrants are those who were brought to Australia under the CMCS, regardless of their current age or citizenship status.
Child migrants have a number of special rights and entitlements under Australian law, including:
- The right to apply for a visa to live permanently in Australia, even if they do not meet the usual residence requirements.
- The right to access government services, such as Medicare and Centrelink, regardless of their current immigration status.
- The right to financial compensation from the Australian government for the abuse and neglect they suffered as child migrants.
FAQs About Residency Requirement
Q: How to calculate the residence requirement?
A: You can use the Residence Calculator. This calculator is available on the Department of Home Affairs’ (DHA) website.
Q: What happens if you have spent time in prison or a psychiatric institution by order of a court in the 4 years immediately before making your application?
A: The time during which you were confined cannot be counted as residence in Australia.
Q: Can I count time spent outside Australia as time in Australia if I am the spouse or de facto partner of an Australian citizen?
A: Yes, you may be able to count time spent outside Australia as time in Australia if you are the spouse or de facto partner of an Australian citizen at the time you make your application. However, you must meet all of the following requirements:
- You must have been the spouse or de facto partner of that Australian citizen during each period of absence.
- The Australian citizen must have been an Australian citizen during each period of absence.
- You must have maintained a close and continuing association with Australia during each period of absence.
Lodge Your Application Form
After completing your checklist for citizenship application in Australia you must lodge your application form. There are two ways to lodge your application form:
| Online application | Paper application |
| 1. Translate all non-English documents into English. 2. Scan all documents (English and non-English) in colour. 3. Attach a document only once, even if you are using it to show more than one thing. | 1. Translate all non-English documents into English. 2. Get all documents certified. This includes: – Non-English documents – English translations -Copies of original documents must be certified by a person who: is an: a) is an Australian citizen b) works in a designated occupation c) is not related to you by birth, marriage or de facto relationship. 3. Keep a copy of your completed application. |
Additional tips for applications:
- Make sure that all of your documents are up-to-date.
- Check the Department of Home Affairs’ website for a list of acceptable documents.
- If you are unsure about whether a document is required, it is better to include it than to leave it out.
- Label all of your documents clearly.
- Organise your documents in a logical order.
- Proofread your documents carefully before submitting them.
Citizenship Test and Citizenship Ceremony
A citizenship test is part of the Australian citizen application process for most applicants wishing to gain Australian citizenship by conferral. Through the test, the applicant can demonstrate that they have sufficient knowledge of English and they understand what becoming an Australian citizen means. If successful, they will also receive an invitation to a citizenship ceremony and make a citizenship pledge.
Citizenship Appointment
You must attend your citizenship appointment with your original documents. An authorised officer will check your documents, verify your identity, and confirm your eligibility to sit the citizenship test. The appointment should take about 2 hours.
If you need to reschedule your appointment, follow the instructions in your appointment letter. If you do not attend your appointment, your application may be refused.
Importance of Seeking Legal Advice
If you are unsure about any aspect of the citizenship application process, it is important to seek legal advice. An immigration lawyer can help you understand the requirements, gather the necessary documentation, and to submit your application correctly.
JB Solicitors is a law firm that can help you with all of your citizenship application needs. We have a team of experienced lawyers who can help you to understand the process. Let’s submit your application correctly with our tailored checklist for citizenship application in Australia just for you.
Contact us today for all your immigration and migration law matters.
