Australian permanent residents who meet the residence requirement, pass the citizenship test (if it applies to them), are of good character and intend to live in Australia or maintain a close and continuing link with Australia can apply for citizenship by conferral. Once approved, you must attend a citizenship ceremony and make the pledge of commitment before you formally become a citizen. This article explains the law behind citizenship applications, the residence requirement, the process, common issues, and your review options if your application is refused.
Legal framework
Australian citizenship is governed by the Australian Citizenship Act 2007 (Cth). You can become a citizen by conferral, by birth in Australia (including being born here and living here until age 10), by descent (born overseas to an Australian citizen parent), or by adoption. This article focuses on conferral, the most common pathway. The general eligibility criteria are in section 21 of the Act.
General residence requirement
- You must have lived in Australia lawfully for four years before applying, including the last year as a permanent resident;
- Your total time outside Australia during those four years must not exceed 12 months;
- Your total time outside Australia in the year before you apply must not exceed 90 days.
Your residence during the four years must be lawful. Time spent as an unlawful non-citizen does not count and may affect how your residence is calculated. If you travel often, work overseas or have held several different visas, check your travel movement records carefully before you apply. For the general requirements for permanent residence, see Core requirements for Australian permanent residence.
Other key requirements
Citizenship test
This generally applies to applicants aged 18 to 59. The test is in English and checks your knowledge of Australia, democratic values, and rights and responsibilities. You must reach the pass mark and answer all the values questions correctly.
Good character
Applicants aged 18 or over must be of good character. Home Affairs considers criminal records, pending criminal charges, family violence orders, immigration compliance history and honesty in dealings with authorities. Not every criminal record leads to refusal, but you must disclose it honestly and provide full information. For how criminal matters affect immigration and citizenship, see Criminal matters and visas.
Intention to live in Australia
You must show that you intend to live in Australia, or to maintain a close and continuing link with Australia.
The application process
- Work out your residence and days overseas to confirm you meet the general residence requirement.
- Apply online. Children under 16 can be included in your application.
- Attend your appointment, have your identity documents checked and sit the citizenship test (if it applies to you).
- Once approved, attend a citizenship ceremony within the required time and make the pledge to become a citizen.
Common issues and risks
- Miscounting days overseas and applying before you meet the residence requirement.
- Not declaring criminal charges, traffic convictions or past visa issues, which leads Home Affairs to question your honesty.
- Being charged with a criminal offence during the application, in which case Home Affairs may put the application on hold until the case is finalised.
- Citizenship obtained through fraud or false information can later be revoked.
Review if your application is refused
Most decisions refusing citizenship can be reviewed by the Administrative Review Tribunal (ART), which replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. Decisions made personally by the Minister cannot be reviewed by the ART; only judicial review can be considered. The time limit for review is set out in the decision letter. For more on the ART process, see our page on ART migration review.
Documents you’ll need
Usually your passport and permanent visa records, birth certificate, change of name documents, address history, travel movement records, police certificates from each country you have lived in (if required), your children’s identity documents, and photos and an identity referee for identity verification. Documents not in English must come with an accredited English translation.
How we help
Chua Tan Associates has practised in Melbourne since 1990, and two of our lawyers are Law Institute of Victoria Accredited Specialists in Immigration Law. We can help work out your residence, advise on character issues and criminal records, handle applications involving complex visa histories, and represent you in ART review. We work in English, Mandarin and Cantonese. For more information, see our Australian immigration law services page.
Frequently asked questions
How long do I need to live in Australia before applying for citizenship?
Generally, you must have lived in Australia lawfully for four years before applying, including the last 12 months as a permanent resident. Your absences during those four years must not total more than 12 months, and no more than 90 days in the year before you apply. Your official travel movement records should be used for the calculation.
Can I apply for Australian citizenship if I have a criminal record?
Yes, but you must meet the good character requirement. Home Affairs weighs up the nature of the offence, when it happened, the penalty, remorse and your conduct since. Not every criminal record leads to refusal. You must disclose your record honestly; hiding it can itself be a reason for refusal.
Can a refused citizenship application be reviewed?
In most cases, yes. A refusal by a Home Affairs officer can generally be reviewed by the Administrative Review Tribunal (ART), within the time limit stated in the decision letter. Decisions made personally by the Minister cannot be reviewed by the ART; the only option is to consider judicial review in the courts.
Who needs to sit the Australian citizenship test?
Generally, people aged 18 to 59 applying under the general eligibility criteria. The test is in English and covers Australia, democratic values, and rights and responsibilities. You must reach the pass mark and answer all the values questions correctly. Some applicants, such as people with a permanent physical or mental incapacity, are exempt.
Chua Tan Associates has practised in Melbourne since 1990, acting for clients in Australia and overseas in English, Mandarin and Cantonese. For a confidential consultation, call +61 3 9602 3988 or email chuatan@tpg.com.au. This article is general information only and is not legal advice.
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