Note: For example, there are 2 ways to become an Australian citizen by descent under section 16. Column 2 Provision under which person was a citizen, Column 3 Provision under which person becomes a citizen again, Division 3—Cessation of Australian citizenship. (1) Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if: (a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and, (b) the person was not present in Australia as an unlawful non‑citizen at any time during that 4 year period; and. (3) If, under this Act, it is necessary to work out if a person was a permanent resident at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time. (b) the act or omission that constituted the offence was connected with the person’s entry into Australia or the grant to the person of a visa or of a permission to enter and remain in Australia. (ii) the person will not be, or was not, present in Australia for a total of at least 180 days during that 2‑year period. A British subject born overseas to an Australian father before 26 January 1949. (b) at least every 6 months thereafter until 5 years have passed since the determination was made. (3) The Minister may substitute a decision (the substituted decision) for a decision (the initial decision) made by the operation of a computer program under such an arrangement if: (a) a notice under section 49 relates to the computer program and to the initial decision; and, (b) the notice states that the computer program was not functioning correctly; and, (c) the substituted decision could have been made under the same provision of this Act or the regulations as the initial decision; and. The processing time for your citizenship application depends on your personal circumstances. (2) The person ceases to be an Australian citizen at the time when the determination is made. (7) This section does not apply in relation to conduct by a person unless: (a) the person was not in Australia when the person engaged in the conduct; or. (b) on a form that also contains an application by 1 responsible parent of the child. Descent The applicant acquired Australian citizenship by descent by applying for citizenship by descent, following the applicant’s birth overseas to an Australian citizen. (b) if subparagraph (6)(b)(ii) applies to the person—has been convicted of a national security offence. (2) A bogus document given in contravention of subsection (1) is forfeited to the Commonwealth. Citizenship testing in regional Australia by the Department of Human Services Under the Australian Citizenship Act 2007, the Department has authorised selected officers of the Department of Human (d) the relative holds a visa of that kind because the relative is a member of the family unit of the defence person; the relative satisfies the defence service requirement for the purposes of section 21. (a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and. (b) will, if the Minister approves the application, become a national or citizen of a foreign country immediately after the approval. (6) The Minister must not approve the person renouncing his or her Australian citizenship if the Minister considers that it would not be in the interests of Australia to do so. (b) made the application during a war in which Australia is engaged. Revocation by Minister—special residence requirements................. 35.......... Service outside Australia in armed forces of an enemy country or a declared terrorist organisation. service: a person undertakes service in the Permanent Forces or the Reserves only if the person is appointed, enlisted or transferred into any of the Permanent Forces or the Reserves. (b) if the person was born before 26 January 1949—a parent of the person became an Australian citizen on 26 January 1949. • cessation of citizenship: see subsection 17(5). 36 Children of responsible parents who cease to be citizens, (a) a person ceases to be an Australian citizen at a particular time (the cessation time) under section 33, 34 or 34A; and. (b) the person is included in a class of persons specified in a determination under this section. (b) at the time of the person’s birth, the person had a parent who was an Australian citizen. Division 1—Automatic acquisition of Australian citizenship. There are some other, less common, ways of automatically becoming a citizen. (4D) To avoid doubt, subsection (4A) applies to a person who is eligible to become an Australian citizen under subsection 21(8). (4) If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act). There are a number of ways that you can cease to be an Australian citizen. The extract received when your son was registered for citizenship by descent is not a formal evidence of Australian citizenship. (b) include the reasons for the decision to make the determination. (5) To avoid doubt, subsection (4) does not prevent the proof or establishment, by other means, that a person engaged in conduct with an intention referred to in subsection (3). (1) If the Minister reasonably suspects that a document is forfeited under subsection 45A(2), then the Minister may seize the document. If the Minister approves the person becoming an Australian citizen, the Minister must register the person in the manner prescribed by the regulations. Regulations..................................................................................... 107, Schedule 1—Pledge of commitment as a citizen of the Commonwealth of Australia 108, 1............ Form of pledge no. (d) the substituted decision is more favourable to the applicant. (d) the disclosure of the information or content would be likely to be contrary to the public interest for any other reason. (g) if, in respect of proceedings for an offence against an Australian law in relation to the person: (i) a court does not impose a sentence of imprisonment on the person; and. (2A) Paragraphs (2)(d), (e) and (f) are taken to be satisfied if and only if the Minister is satisfied that the following apply: (a) the person has sat a test approved in a determination under section 23A; (b) the person was eligible to sit that test (worked out in accordance with that determination); (c) the person started that test within the period worked out in accordance with that determination and completed that test within the period (the relevant test period) worked out in accordance with that determination; (d) the person successfully completed that test (worked out in accordance with that determination) within the relevant test period. (19) To avoid doubt, a person’s citizenship is taken never to have ceased under this section because of the person serving or fighting as set out in subsection (1) if: (a) in proceedings under section 75 of the Constitution, or under this Act or another Commonwealth Act, a court finds that the person did not so serve or fight (whether because of subsection (4) of this section or for any other reason); or, (b) in proceedings under section 75 of the Constitution, or under this Act or another Commonwealth Act, a court finds that the person was not a national or citizen of a country other than Australia at the time the person served or fought; or, (c) the Minister makes a determination under subsection (9) in relation to the conduct to exempt the person from the effect of this section; or, Declaration of declared terrorist organisation. The Minister must approve or refuse you becoming an Australian citizen. Persons not required to make pledge of commitment. (3) The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under subsection 19C(2). (2) If, at the cessation time, another responsible parent of the child is an Australian citizen, subsection (1) does not apply to the child: (a) while there is a responsible parent who is an Australian citizen; and. (b) a person who has sought to sit a test approved in a determination under section 23A; the following persons may request the person, in writing, to provide one or more specified personal identifiers: (d) a person authorised under subsection (3); (e) a person who is included in a class of persons authorised under subsection (4). (7) A person is covered by this subsection if: (a) at the time the person made the application under section 19C, the person: (i) the person was born in Australia; or. Note 2: A person who ceases to be an Australian citizen under section 34, 34A or 35 may apply to become an Australian citizen again under Subdivision A, AA or B. (1) If a person makes an application under section 29, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen again. (b) the place of the birth is under occupation by the enemy; unless, at that time, the other parent of the person: (c) is an Australian citizen or a permanent resident; and. an Australian citizenship certificate in your name. (5) For the purposes of paragraph (1)(c), the Minister may treat a period as one in which the person was present in Australia as a permanent resident if the Minister considers the person was present in Australia during that period but, because of an administrative error, was not a permanent resident during that period. Check if you are a citizen If you were not born in Australia but became a citizen through other means, such as through descent or through immigration, then you will need a Citizenship Certificate to prove your Australian citizenship and obtain such documents as an Australian passport. Note: A person cannot become an Australian citizen under this Subdivision unless the Minister approves the person becoming an Australian citizen. s 2A...................................... s 3......................................... am No 85, 2008; No 144, 2008; No 116, 2014; No 67, 2018. s 6......................................... s 6A...................................... s 8......................................... s 10....................................... s 15....................................... s 16....................................... s 19B..................................... s 19C..................................... s 19G.................................... s 21....................................... am No 142, 2007; No 85, 2008; No 90, 2009; No 119, 2012. s 22....................................... am No 85, 2008; No 144, 2008; No 90, 2009. s 22A.................................... s 22B..................................... s 22C..................................... s 23....................................... s 23A.................................... s 24....................................... am No 85, 2008; No 90, 2009; No 57, 2013. s 26....................................... s 29....................................... s 32A.................................... s 33....................................... s 34....................................... am No 85, 2008; No 144, 2008; No 57, 2013; No 7, 2015. s 34A.................................... s 35....................................... s 35A.................................... s 35B..................................... s 36....................................... s 36A.................................... s 38....................................... s 40....................................... s 43....................................... s 45A.................................... s 45B..................................... s 45C..................................... s 45D.................................... s 46....................................... s 51A.................................... s 51B..................................... s 51C..................................... s 52....................................... s 53....................................... Act No. You meet the Australian physical residence requirement or have substantial ties to Australia; You meet the character requirement (if over 18 years of age)and Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code). Citizenship by descent. (11) A notice under paragraph (10)(a) must set out: (a) the matters required by section 35B; and. (1) The Minister may, by writing, revoke a person’s Australian citizenship if: (a) the person is an Australian citizen under Subdivision A or AA of Division 2 (including because of the operation of section 32); and. (4) The Minister must not give the person such a notice unless the Minister is satisfied of the identity of the person. Minister may substitute his or her own decision. (b) the person is not authorised under this section to access the identifying information for the purpose for which the person accessed it. (4) For the purposes of this section, identifying information is destroyed if: (a) in the case of identifying information that is a personal identifier—it is physically destroyed; and. Citizenship by Descent or Conferral You can become a citizen of Australia in different ways. Subdivision AA—Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement. You might be eligible for citizenship by descent if you: were born overseas, and; have at least 1 parent who was a New Zealand citizen by birth or grant when you were born. Information in this column may be added to or edited in any published version of this Act. (3) A pledge of commitment must be made before: (b) a person authorised under subsection (4); or. (b) an offence against an Australian law or a foreign law involving specified conduct; is a national security offence for the purposes of paragraph (f) of the definition of national security offence in section 3. (17) If the Minister decides to consider whether to exercise the power in subsection (14), then, in that consideration, the Minister must have regard to the following: (a) the severity of the matters that were the basis for any notice given in respect of the person under subsection (10), or of matters that would have been the basis for giving a notice in respect of the person under paragraph (10)(a), but for the operation of subsection (12); (b) the degree of threat posed by the person to the Australian community; (d) if the person is aged under 18—the best interests of the child as a primary consideration; (e) whether the person is being or is likely to be prosecuted in relation to matters referred to in paragraph (a); (f) the person’s connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person; (g) Australia’s international relations; (h) any other matters of public interest. 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