Mrs Chen has held an Australian permanent visa for three years and is thinking about citizenship. Her two main questions: when can she apply, and can she keep her Chinese passport and household registration (hukou) afterwards? The short answer: generally, you must meet a residence requirement of four years' lawful residence, including at least one year as a permanent resident. Australian law allows dual citizenship, but under the Nationality Law of the People's Republic of China, a Chinese national who has settled abroad and voluntarily acquires a foreign nationality automatically loses Chinese nationality. Malaysia, India and Indonesia have similar rules.

At a glance

• General residence requirement: four years of lawful residence in Australia before applying, including the last year as a permanent resident.
• Absences are capped: no more than one year in total in the four years, and no more than 90 days in the final year.
• Most applicants aged 18 to 59 must pass the citizenship test, conducted in English, which includes questions on Australian values.
• Australia has allowed dual citizenship since 2002, but the law of your country of origin may cause you to lose that nationality automatically or through deprivation.
• Before applying, plan for your passport, household registration, property, inheritance and long-term residence arrangements in your country of origin.

How the residence requirement is calculated

Under the Australian Citizenship Act 2007, a general applicant must have been living lawfully in Australia for the four years immediately before applying (time on any valid visa counts, including student, work or bridging visas), and must have been a permanent resident for the final year. Over the four years, total absences from Australia must not exceed 12 months, and in the final 12 months total absences must not exceed 90 days.

Use the residence calculator on the Department's website and check it against your travel records. Miscalculated travel dates are a common reason for refusal or delay. Special residence provisions may apply in some situations, such as spouses of Australian citizens living overseas or people in certain occupations, and need individual assessment.

The citizenship test and interview

Most applicants aged 18 to 59 must sit the citizenship test. It is conducted in English and based on the official resource Australian Citizenship: Our Common Bond, covering Australia and its people, democratic beliefs and rights, government and the law, and Australian values. You must reach the required pass mark and answer all the values questions correctly. The resource book is available in Chinese and other languages to help you study, but the test itself is in English only.

An interview takes place on the test day to verify your identity documents and application details. You must also meet the good character requirement, and adult applicants are generally asked for police certificates. After approval, you become an Australian citizen only once you attend a ceremony and make the pledge.

Dual nationality: what your country of origin says

• Mainland China: the Nationality Law does not recognise dual nationality for Chinese nationals; a person who settles abroad and voluntarily acquires a foreign nationality automatically loses Chinese nationality. After naturalising, you generally cannot keep using a Chinese passport, your hukou will usually need to be cancelled, and you will enter China on an Australian passport under a visa or any visa-free arrangement. Special arrangements apply to Hong Kong and Macau residents and should be checked individually.
• Malaysia: under the Federal Constitution, a citizen who voluntarily acquires foreign citizenship may be deprived of Malaysian citizenship; in practice you will usually need to renounce and surrender your passport and identity card.
• India: Indian citizenship ceases on voluntarily acquiring another citizenship; you must complete passport surrender formalities and may consider applying for an Overseas Citizen of India (OCI) card.
• Indonesia: voluntarily acquiring foreign citizenship generally results in loss of Indonesian citizenship, with only limited dual citizenship arrangements for children.
• Singapore: generally does not allow adult citizens to hold dual citizenship either.

Australia will not ask you to give up your original nationality; whether you lose it depends entirely on the law of your country of origin. Continuing to use your original passport after naturalising may breach that country's law and cause problems at the border, when renewing documents or when dealing with property. Rules and procedures change, so confirm with the relevant authorities or a local lawyer in your home country before you naturalise.

Planning checklist before applying

• Check your travel records for the past four years to confirm you meet the residence requirement.
• Understand how your country of origin's nationality law affects you and any options for retaining rights.
• Review property, bank accounts, social security, pensions and inheritance arrangements in your home country that may be affected by a change of nationality or hukou.
• If you plan to live or work long-term in your home country, find out about visa or residence arrangements after naturalising.
• Prepare police certificates, identity documents and translations.

FAQs

Does time on a student visa or bridging visa count towards the four years?

Generally yes. Time in Australia on any valid visa is lawful residence and counts towards the four years. However, the final year must be as a permanent resident and the absence limits must be met.

Can I resit the citizenship test if I fail?

Yes. Applicants who do not pass can generally rebook and sit the test again. Study the official resource thoroughly and complete practice tests beforehand.

Will naturalising affect my property and inheritance rights in China?

Foreign nationals can usually still inherit and hold property in China, but there may be extra procedures or restrictions for transfers, purchase eligibility, tax and foreign exchange. Before naturalising, get Chinese legal advice about your specific assets.

Is my child born in Australia automatically an Australian citizen?

If at least one parent is an Australian citizen or permanent resident at the time of birth, the child is generally an Australian citizen automatically. In other cases, a child born in Australia who lives here for ten years may also become a citizen.

Chua Tan Associates has practised in Melbourne since 1990 and advises on immigration law in Mandarin, Cantonese and English. Kin Wee Chua and Chit Thian Chua are both Law Institute of Victoria Accredited Specialists in Immigration Law. To discuss your visa situation, call 03 9602 3988 or contact us online. We can meet at our Melbourne CBD office or by video.

This page provides general information only and is not legal advice.