Not all visa refusals are reviewable. Only certain decisions fall under Part 5 of the Migration Act 1958. If you are unsure whether you can appeal, GVM offers a free initial eligibility check to determine your options.
Applying for Australian Citizenship
Australian citizenship is most commonly obtained by conferral or descent. Permanent residents and eligible New Zealand citizens have pathways to citizenship if they meet specific criteria, outlined below.
Other circumstances may also entitle individuals to Australian citizenship, depending on eligibility requirements.
If you need assistance with your citizenship application, our experienced team is here to help.
Basic Citizenship Eligibility Criteria
1. Meet the Residence Requirement
At the time of applying, you must have:
- Lived in Australia on a valid visa for the past 4 years.
- Been a permanent resident or eligible New Zealand citizen for the past 12 months.
- Spent no more than 12 months outside Australia in the past 4 years, including no more than 90 days in the last 12 months.
Certain exemptions apply in limited circumstances.
2. Meet the Character Requirement
- Applicants over 18 years of age must be of good character.
- The Department of Home Affairs assesses past and present conduct against the Character Test under the Migration Act.
3. Sit the Citizenship Test
Most applicants for Australian citizenship must complete a Citizenship Test, which covers:
- Australia and its people.
- Australia’s democratic beliefs, rights, and liberties.
- Government and laws in Australia.
Citizenship by Conferral – Australian Permanent Residents
Eligibility Criteria
- Must hold a permanent residency visa.
- Must have lived in Australia on a valid visa for at least the last 4 years.
- Must have held permanent residency for at least 12 months.
- Must not have been outside Australia for more than 12 months in the past 4 years, including no more than 90 days in the past 12 months.
- Must meet good character requirements.
- Must complete the Citizenship Test (if applicable).
- Must not have any past issues related to identity, character, or risk factors.
Exemptions
Certain applicants may be exempt from meeting the residency requirement if they:
- Are a member of the Australian Defence Force (ADF).
- Have been granted Ministerial discretion in exceptional circumstances.
- Were engaged in work or activities that required overseas travel.
Citizenship by Descent
Individuals born outside Australia may be eligible for citizenship by descent if:
- They were born on or after 26 January 1949.
- One parent was an Australian citizen at the time of birth.
- They meet good character requirements if over 18.
Applicants born outside Australia through international surrogacy arrangements may also be eligible.
Australian Citizenship – Other Circumstances
Other individuals may qualify for Australian citizenship if:
- They are a permanent resident child aged 15 years or younger applying independently.
- They were born to a former Australian citizen.
- They were adopted overseas by an Australian citizen.
- They were born in Papua before its independence in 1975.
- They were born in Australia and are stateless.
Australian Citizenship for New Zealand Citizens (Subclass 444 Visa Holders)
New Citizenship Pathway from 1 July 2023
As of 1 July 2023, New Zealand citizens holding a Special Category Visa (Subclass 444) can apply directly for Australian citizenship if they have lived in Australia for four years or more.
Key Changes:
- Subclass 444 visa holders no longer need to obtain permanent residence before applying for citizenship.
- To meet the general residence requirement, an applicant must have lived in Australia for four years, including 12 months as a permanent resident before applying.
Backdated Permanent Residency:
- SCV holders before 1 July 2022 will have their permanent residency status backdated to 1 July 2022.
- SCV holders from 1 July 2022 will be considered permanent residents from their SCV grant date.
This provides a direct pathway to Australian citizenship for eligible New Zealand citizens.
Next Steps in Obtaining Australian Citizenship
If you are considering applying for Australian citizenship or need to discuss your options, Global Vision Migration is here to help.
Book a consultation today to receive expert advice and guidance on your pathway to becoming an Australian citizen.
Schedule a Consultation with Global Vision Migration for Expert Immigration Advice and Assistance
FAQs for Australian Visa Refusals
Appeal deadlines vary depending on your visa type. Generally, you have between 7 to 28 days from the date of refusal. Missing the deadline means losing your appeal rights, so contact GVM immediately for fast assistance.
The success rate depends on the reason for refusal and how well the case is presented. With GVM’s legal expertise, strong documentation, and strategic case preparation, we maximize your chances of overturning the refusal at the Tribunal.
Yes, in many cases, you can reapply for a visa if your circumstances change or errors in your previous application are corrected. GVM can evaluate your situation and advise whether an appeal or a fresh application is the best approach.
At Global Vision Migration, we specialize in:
- Assessing your refusal reasons and advising the best legal pathway
- Preparing strong submissions and gathering supporting evidence
- Representing you at the ART hearing for maximum success
- Guiding you on reapplying for a visa if needed
