Permanent residency and Citizenship If you have obtained a visa to work or study
in Australia, you may be considering calling Australia your home indefinitely. To do so
you will have to first apply for permanent residency. Once this is granted there are
no restrictions to the length of your stay, and you will also have access to all the services
and benefits of other Australians. You may then also want to consider applying
for citizenship. Citizenship in Australia does not require you to give up citizenship
of your birth country, as in some situations you can hold dual citizenship. However, your
birth country may require that you surrender your citizenship rights in that country.
A permanent resident has many of the same rights as a citizen but there are differences.
Citizens have an automatic right of entry to Australia, but permanent residents do not
and must have a valid travel authority. Citizens have a right to vote, whereas permanent residents
do not.
To be classed as having permanent residency
in Australia you must hold a current visa that allows you to live in Australia indefinitely.
If your visa only allows you to stay for a specific time, as in the case of a student
or work visa, you will need to make a separate application for permanent residency.
Your permanent residency will either commence at the date you entered Australia if you received
your visa offshore, or of the date your visa was issued if you applied onshore.
If you are a professional or skilled migrant,
you can apply for permanent residency by obtaining a Skilled Regional Visa, or subclass 887 visa.
To qualify, you must have lived in a particular regional area for at least 2 years, or obtained
sponsorship under the Regional Sponsored Migration Scheme. You must also have worked in that
specified regional area for at least 12 months, and you must currently hold a Skilled Regional
Provisional subclass 489 Visa, a subclass 475 or 487 Skilled Regional Visa, a Skilled
Independent subclass 495 Visa, or a Skilled Designated Area subclass 496 Visa.
If you have applied for a subclass 495, 487, or 489 visa and now hold a bridging visa A
or B, you will also be eligible to apply for a permanent residency visa.
You may be eligible to apply for citizenship
if you currently hold permanent residency in Australia, you satisfy the residential
requirements, and you are of good character. New Zealanders who arrive in Australia are
automatically given a special category visa which allows them to stay indefinitely, but
this does not make them a permanent resident for citizenship purposes.
You must be 18 years or over to apply for
citizenship. Children younger than this are included in their parent’s application.
The application form for citizenship varies depending on your age and health. Form 1290
is used for anyone under the age of 18 years or over 60 years, and anyone with a physical
or mental incapacity which is either permanent or likely to be enduring, or anyone with a
significant impairment in hearing, sight, or speech. Form 1300t applies to all others
applicants.
After you apply for citizenship you will have to undergo a citizenship test. The test consists
of 20 questions, and you must answer 75% correctly. Once your application has been approved you
will then be required to attend a citizenship ceremony where you make the citizenship pledge
or affirmation. This is to publicly pledge or affirm your loyalty and commitment to Australia.
All Australian citizens are allowed to hold dual citizenship, but some countries prohibit
it. If this is the case you will lose your current citizenship with your birth country
when you become an Australian citizen. If your child is born in Australia, they are
not automatically an Australian citizen unless one of their parents is an Australian citizen
or permanent resident. This means that if you are on a temporary visa or on holidays,
having a child in Australia will not give you or your child the right to permanently
reside here. However, if the child resides in Australia until their 10th birthday they
will be automatically deemed an Australian citizen regardless of their parent’s visa
status. Children who are born overseas and whose parent
is an Australian citizen can automatically obtain citizenship by descent.
What to do next If you or someone you know is concerned about
permanent residency or citizenship, Go To Court Lawyers operate a Legal Hotline on 1300
636 846 where you can talk directly to a lawyer 7am – 9pm, 7 days/week. Your call will
be treated with the strictest confidentiality and without judgement.
The lawyer will assess your matter and recommend a course of action.
Should you need a lawyer, even if it is at very short notice, the Legal Hotline staff
will be able to arrange legal representation for you. You can also request a call back
via the website www.gotocourt.com.au and a lawyer will call you back to assess your matter.
