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Current Citizenship Rule in Australia
On 1 March 2007, the Australian Citizenship Bill 2006 was passed by the Australian Parliament. The law changes the residency requirements for Australian citizenship BUT will only apply to people who become permanent residents on or after commencement of the legislation likely to be July 1 2007.
Under the new law, residence requirements for Australian citizenship will mean that applicants will need four (4) years lawful residence in Australia immediately prior to making an application for Australian citizenship, with at least 12 months as a permanent resident, and absences from Australia of no more than 12 months in total, in the four (4) years prior to application, and no more than three (3) months in the 12 month permanent residency period prior to application.
People who are permanent residents before the commencement of the new legislation will only need to meet the previous residence requirements (presence in Australia as a permanent resident for periods amounting to two (2) years in the last five (5) years including one (1) year in the last two (2) immediately prior to making the application) provided they applied within three (3) years from the day the legislation commences.
Prior to the new legislation applicants were required to spend a minimum of two (2) years permanent residence in Australia in the five (5) years prior to the application, including at least 12 months in the immediate two (2) years prior to the application.
Permanent residents who applied for Australian citizenship before the new legislation commences will need to meet the previous residence requirements.
Absences of up to 12 months during that four (4) year period will be allowed, with no more than three (3) months in the year before making the application.
Great news for 457 visa holders - The new changes recognise time spent in Australia as temporary residents prior to the acquisition of permanent residence. Up to three (3) years of temporary residence (eg 457 visa holders) will count towards the four (4) year residence requirement for citizenship.
In other words, people who become permanent residents after the changes commence and have been living in Australia on temporary visas immediately before becoming a permanent resident will be able to have up to three (3) years of the time spent as holders of temporary visas counted towards the four (4) year residence requirement. They will need to have a minimum of one (1) year as a permanent resident.
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Practice Director
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Nilesh Nandan
BBus LLB(QUT) GDLP (QUT)
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David Coote
MA MEdAdmin
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Christopher Kaindi
BA(Econ)MSD
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Neil Paris
BFin(Accy)LLB GDLP
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Mariana Stecker
BCom Ma(English)
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Greg Newton
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