Citizenship Matters
Citizenship by conferral and descent applications, advice on the good character requirement and review of refusals before the Administrative Review Tribunal.
Applying for Australian Citizenship
Most citizenship applications are straightforward, but a small number turn on the good character requirement, the residence requirement or unresolved identity issues. A poorly presented application can lead to refusal and a further waiting period before reapplying, so it is worth getting the first application right.
Citizenship Eligibility
Eligibility depends on the pathway, whether by conferral for permanent residents, by descent for children born overseas to an Australian parent, or by evidence for those who are already citizens but need formal confirmation.
Residence Requirements
The general residence requirement allows no more than 12 months absence in the four years before application, with no more than 90 days absence in the 12 months immediately before application, subject to specific exceptions.
Character, Preparation and Review
Good Character and Criminal History
A finding of guilt does not necessarily prevent citizenship, but it depends on the offence, the sentence and how long ago it occurred. Full disclosure and a properly prepared character submission are essential where any criminal history exists.
Preparing the Application
Conferral is the most common pathway for permanent residents, descent applies to children born overseas to an Australian citizen parent, and evidence of citizenship confirms status for those already citizens. Applications should be supported by clear evidence of identity, residence and, where relevant, character, prepared with attention to the specific requirements of the pathway used.
Tests, Interviews and Refusals
Most conferral applicants need to sit the citizenship test and may be asked to attend an interview or provide further information. Most conferral refusals carry Tribunal review rights, and the Tribunal looks at the matter afresh, including current character material and any updated personal circumstances.
How Shah & Co Lawyers can assist
We prepare citizenship applications to withstand scrutiny the first time, particularly where character or residence issues exist.
Conferral Applications
Citizenship by conferral applications, including character and residence issues.
Descent Applications
Citizenship by descent applications for children born overseas to Australian parents.
Resumption of Citizenship
Applications for former citizens seeking to resume citizenship.
Special Residence Advice
Advice on special residence requirements and ministerial discretion.
Character Responses
Responses to requests for further information relating to character.
Tribunal Review
Review of refused citizenship applications before the Administrative Review Tribunal.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other immigration law services
Visa Refusals
Advice and representation following the refusal of a visa application, including assessment of merits review rights and preparation of review applications within the statutory time limits.
View Visa RefusalsVisa Cancellations
Notices of intention to consider cancellation under sections 116 and 501, responses to the Minister or delegate, and merits review of cancellation decisions.
View Visa CancellationsMerits Review
Applications to the Administrative Review Tribunal (Migration and Refugee jurisdiction) for review of visa refusal and cancellation decisions, including preparation of submissions and representation at hearing.
View Merits ReviewProtection Visas
Protection visa applications under Australia's protection obligations, including complementary protection, statements of claim and Tribunal review where required.
View Protection VisasPartner Visas
Onshore and offshore partner visa applications, including prospective marriage visas, evidence of a genuine and continuing relationship and dealing with sponsorship issues.
View Partner VisasFamily Visas
Parent, child, remaining relative and other family visa applications, including queue dates, balance of family test and assurance of support.
View Family VisasArrange a confidential consultation about your citizenship application.
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