Immigration
Australian citizenship: conferral, descent and birth
Most permanent residents become citizens by conferral, which requires meeting a residence requirement, satisfying a good character assessment and, for most applicants aged 18 to 59, passing the citizenship test. A child born overseas to an Australian citizen parent may become a citizen by descent. For most applicants the final step is making the pledge at a ceremony.
Conflict clearance and written engagement are required before the firm acts.Quick answer
What is the residence requirement for Australian citizenship by conferral?
The Department of Home Affairs states that you must have been living in Australia on a valid visa for 4 years immediately before the day you apply, and have held a permanent visa or a Special Category (subclass 444) visa for the last 12 months immediately before you apply. You must not have been absent from Australia for more than 12 months across those 4 years, and no more than 90 days in the 12 months immediately before applying.
- Four years living in Australia on a valid visa immediately before applying.
- Permanent visa or Special Category subclass 444 visa for the last 12 months.
- No more than 12 months' total absence across the four years.
- No more than 90 days' absence in the final 12 months.
- Good character is assessed for applicants aged 18 and over, using a national police check.
- Most applicants aged 18 to 59 must pass the citizenship test.
Jurisdiction: Australia.
The pathways
Citizenship is acquired in more than one way, and identifying the right pathway before you start saves the most time. Conferral is the pathway for adult permanent residents and some other visa holders. Descent applies to a person born outside Australia to an Australian citizen parent. Citizenship by birth in Australia is narrower than most people assume - being born here does not by itself make a child a citizen. There are also separate provisions for resuming citizenship that was lost, which are outside the scope of this page.
The residence requirement for conferral
The Department of Home Affairs states the general residence requirement as living in Australia on a valid visa for 4 years immediately before the day you apply, holding a permanent visa or a Special Category (subclass 444) visa for the last 12 months immediately before that day, with absences of no more than 12 months across the four years and no more than 90 days in the final 12 months. The Department publishes a residence calculator, and it is worth using early. Absence arithmetic is the most common avoidable reason an application is delayed or refused, and it is almost always discovered too late.
Citizenship by descent
A person born outside Australia may be eligible for citizenship by descent where at least one parent was an Australian citizen at the time of the birth. This is the pathway that matters most to families whose children are born overseas, including in Vietnam. Where the Australian parent was themselves a citizen by descent rather than by birth or conferral, additional requirements apply to that parent, including a period of presence in Australia. Those additional requirements should be confirmed against the Department's current guidance before an application is lodged, because they decide whether the application is viable at all.
Citizenship by birth in Australia
Being born in Australia does not automatically confer citizenship. It generally arises where at least one parent was an Australian citizen or a permanent visa holder at the time of the birth. Separately, a child born in Australia whose parents did not hold that status may become a citizen where the child is ordinarily resident in Australia throughout the first ten years of their life. That second pathway depends on the child's actual residence history rather than the circumstances at birth, and it is worth knowing about for families whose status changed after a child was born here.
Good character
Applicants aged 18 and over must satisfy the Department that they are of good character. The assessment uses a nationally coordinated criminal history check, and applicants who have lived overseas may also need penal clearance certificates from those countries. A criminal record does not automatically disqualify an applicant - each case is assessed on its own facts - but certain serious offences can result in refusal. The more common problem is not the record itself but incomplete disclosure, which turns a manageable issue into a character issue.
The citizenship test
Most conferral applicants aged between 18 and 59 must pass the citizenship test. It is computer-based, consists of 20 multiple-choice questions and is completed within 45 minutes. To pass you must answer all 5 Australian values questions correctly and score at least 15 out of 20 overall. The Department publishes free preparation material, including a study booklet available in a range of languages. Some applicants do not need to sit the test, including in certain age and incapacity-related circumstances, and because those categories are specific they should be checked with the Department rather than assumed.
The pledge and the ceremony
Approval is not the last step. For most applicants, citizenship takes effect when the pledge of commitment is made at a citizenship ceremony, and an invitation follows approval of the application. The timing matters more than people expect, because passport applications and overseas travel plans depend on the date the pledge is made rather than the date of approval.
What commonly goes wrong
Most refusals and long delays trace to a small number of avoidable problems.
- Absence miscalculation against the four-year period or the final 12 months.
- Identity gaps - inconsistent names across documents, missing certified translations, or nothing linking overseas and Australian records.
- Undisclosed or unresolved criminal matters, including matters the applicant thought were too minor to mention.
- Not booking or not passing the citizenship test.
- In descent applications, insufficient evidence of the parent's citizenship status at the time of the birth.
If an application is refused
A refusal notice should state whether a right of review to the Administrative Review Tribunal exists and the deadline that applies. The Tribunal reviews citizenship decisions as well as migration decisions. As with visa matters the period is short and strictly applied, so the notice should be read carefully and acted on rather than set aside. This page is general information; the work is carried out by lawyers admitted to practise in Western Australia, and immigration assistance may also be given by registered migration agents under a separate framework.
Process
- 1
We review your residence and travel history, or for a child born overseas, the parent's citizenship and presence history.
- 2
We identify gaps in absences, identity documents or character disclosure before anything is lodged.
- 3
We help prepare and check the application and its supporting evidence, including certified translations.
- 4
We point you to the Department's test preparation material and discuss any exemption that may apply.
- 5
We track the application and advise on the ceremony once it is approved.
- 6
If it is refused, we advise promptly on review rights and the applicable deadline.
What to prepare
- Passports, current and expired, covering the residence period.
- Evidence of your visa history and current status.
- Full travel history for the four-year period.
- Birth certificate, and for descent, the parent's evidence of Australian citizenship at the time of the birth.
- Certified translations of any document not in English.
- Marriage or name-change documents where names differ across records.
- Police clearance certificates for countries you have lived in.
- Any previous correspondence with the Department.
Risks, deadlines and common mistakes
- Miscounting absences, which can mean refusal or waiting out the residence period again.
- Non-disclosure of a criminal matter, which damages the character assessment more than the matter itself would have.
- Assuming a test exemption applies without confirming it.
- In descent applications, overlooking the additional requirements where the parent was themselves a citizen by descent.
- Treating a refusal notice as final without checking the review deadline, which is short.
Fees and scope
Departmental application charges apply and vary by pathway and applicant, and concessions exist in some circumstances. Those charges change, so none are quoted here. We confirm the current charge for your pathway and give a written estimate of our own fees before you commit.
COMMON QUESTIONS
Frequently asked questions
How long must I have lived in Australia before applying?+
The Department states 4 years living in Australia on a valid visa immediately before the day you apply, with a permanent visa or Special Category subclass 444 visa for the last 12 months, absences of no more than 12 months over the four years and no more than 90 days in the final 12 months.
My child was born in Vietnam and I am an Australian citizen. Can they become a citizen?+
Generally yes, by descent, where at least one parent was an Australian citizen at the time of the birth. If you yourself became a citizen by descent rather than by birth or conferral, additional requirements apply to you, including a period of presence in Australia, and those should be confirmed before lodging.
Do I have to sit the citizenship test?+
Most conferral applicants aged 18 to 59 do. It is 20 multiple-choice questions in 45 minutes; you must answer all 5 Australian values questions correctly and score at least 15 out of 20. Some applicants are not required to sit it, and those categories should be checked with the Department.
Will a criminal record stop me?+
Not automatically. The good character requirement applies from age 18 and uses a national police check. Each case is assessed on its facts, though certain serious offences can result in refusal. Full disclosure matters more than the underlying matter in most cases.
Is the ceremony compulsory?+
For most applicants, making the pledge at a ceremony is the step at which citizenship takes effect. It is not generally optional, and the date of the pledge is what governs a passport application, not the date your application was approved.
Does being born in Australia make my child a citizen?+
Not by itself. It generally requires at least one parent to have been a citizen or permanent visa holder at the time of the birth. A separate pathway exists where the child is ordinarily resident in Australia for the first ten years of their life.
I travel a lot for work. Can I still apply?+
Possibly, but absences are measured strictly against both the four-year period and the final 12 months. Significant travel is one of the most common reasons applications are delayed, so it is worth having the arithmetic checked before you lodge rather than after.
What if my application is refused?+
The notice should say whether you can seek review at the Administrative Review Tribunal and by when. The period is short and strictly applied, so act on it promptly rather than treating the refusal as the end of the matter.