Immigration Lawyers › Citizenship & Naturalisation
Citizenship Lawyers — Naturalisation, Descent & Refusal Reviews.
Australian citizenship — by conferral (naturalisation) or by descent — is a significant legal status conferring full voting rights, consular protection, and the right to a passport. Applications can be refused on character grounds, residency miscalculation, or identity issues. A lawyer ensures your application is correctly prepared and, where refused, advises on review and appeal options.
⚠ Citizenship by descent applications for children born overseas must often be lodged before the child reaches a certain age. Residency calculations for naturalisation are complex. Get a free eligibility assessment.
What We Help With
Citizenship matters — eligibility, applications, and reviews.
Citizenship by Conferral (Naturalisation)
Applying for Australian citizenship after meeting the residence requirement as a permanent resident. A lawyer verifies the residency calculation, checks character eligibility, and prepares the application to avoid the common reasons for delay or refusal.
Citizenship by Descent
A person born outside Australia may be eligible for citizenship by descent if at least one parent was an Australian citizen at the time of birth. The application must generally be lodged — and any registration requirement met — within defined timeframes. A lawyer advises on eligibility and the registration process.
Citizenship Refusal — Review
Most citizenship refusals can be reviewed by the Administrative Appeals Tribunal (AAT) on the merits. Common grounds for refusal include failure to meet the residence requirement, character concerns, and identity documentation issues. A lawyer prepares the AAT review and addresses the specific reasons for refusal.
Good Character Assessment
Citizenship applicants must be of good character — a concept defined by the Australian Citizenship Act 2007. A criminal record, associations with criminal conduct, or certain types of behaviour can affect good character. A lawyer advises on whether the character requirement is likely to be met and how to present the application most favourably.
Residency Calculation — Clarification & Disputes
The 4-year general residence requirement for citizenship by conferral involves complex counting rules — including lawful residence, permanent residence status, absences overseas, and periods as a temporary resident. Incorrect self-calculation is a common reason for delayed or refused applications. A lawyer calculates the correct eligibility date.
Children's Citizenship
A child born outside Australia to at least one Australian citizen parent, or a child adopted by Australian citizens under specific intercountry adoption procedures, may be eligible for citizenship. Registration of a child's citizenship should occur promptly — delays can affect the child's status. A lawyer advises on eligibility and the registration process.
What the Law Says
Australian citizenship — the eligibility requirements.
The 4-year residence requirement
To apply for citizenship by conferral, an applicant must have been lawfully present in Australia for 4 years immediately before the application date — including at least 12 months as a permanent resident. During this 4-year period, absences from Australia must not exceed 12 months in total, and absences in the 12-month permanent residency period must not exceed 90 days. The calculation of these periods, and which time counts as lawful presence, is complex — particularly for persons who transitioned through multiple visa types or had periods on bridging visas.
The good character requirement
The Australian Citizenship Act 2007 requires that applicants be of good character at the time of application and at the time citizenship is conferred. The Department considers: criminal history (including spent convictions); immigration history; associations with individuals or groups involved in criminal conduct; and any other conduct indicating that the applicant may not be a suitable person to hold citizenship. Unlike the s501 character test, the citizenship good character test does not have a single threshold — it is an overall assessment of whether the applicant is of good character.
AAT review of citizenship refusals
Most citizenship refusals attract AAT merits review under the Administrative Appeals Tribunal Act 1975. The AAT reconsiders the Minister's decision on the merits — including the ability to present new evidence and submissions. Character refusals can be reviewed, and the AAT will consider the same factors as the Department including the good character assessment. The AAT can substitute a decision granting citizenship where the original refusal was incorrect. Review must be lodged within 28 days of the refusal decision.
Citizenship by descent — registration requirements
A person born outside Australia to at least one Australian citizen parent may be entitled to citizenship by descent — but must apply to register as a citizen. The registration is not automatic. If the Australian citizen parent was born outside Australia (i.e., a second-generation Australian citizen by descent), the child may not be eligible unless the parent was a permanent resident of Australia at the time of the child's birth. A lawyer maps the parental citizenship history and identifies whether citizenship by descent is available.
Resumption of citizenship
Persons who previously held Australian citizenship and lost it — for example, by voluntarily acquiring citizenship of another country before 4 April 2002 when citizenship was automatically lost on this basis — may be eligible to resume Australian citizenship. The Australian Citizenship Act 2007 provides a resumption pathway. Specific eligibility requirements apply and a lawyer advises on whether resumption is available and the application process.
Dual citizenship — Australia's position
Australia permits dual citizenship — becoming an Australian citizen does not require renouncing other citizenships. However, some other countries do not permit dual citizenship — becoming an Australian citizen may, under the laws of another country, result in the loss of that country's citizenship. A lawyer advises on the implications of acquiring Australian citizenship for citizenship of the applicant's home country — important to check before the citizenship ceremony.
How It Works
One request. Free citizenship eligibility check.
Tell us how long you have been a permanent resident, your absences from Australia, and any character concerns. A citizenship specialist will assess your eligibility for free.
Submit Your RequestDescribe your residency and background
Tell us when you became a permanent resident, your approximate absences from Australia in the past 4 years, your nationality, and any criminal history or character concerns.
Matched to a citizenship specialist
Your request is matched to a registered migration agent or immigration lawyer experienced in citizenship applications, residency calculations, and character assessments.
Free eligibility assessment
A citizenship specialist calculates your eligibility date, identifies any issues with the residency calculation or character requirement, and advises on the application process.
Common Questions
Citizenship — frequently asked questions.
I have a criminal conviction — can I still apply for citizenship?
Possibly, depending on the nature and recency of the conviction. The good character assessment under the Citizenship Act looks at the overall picture — not just whether a conviction exists. Minor or historical convictions, full rehabilitation, and a substantial period of law-abiding conduct since the offending may be consistent with good character. Serious and recent offending is more likely to result in refusal. A lawyer assesses the specific conviction and circumstances, advises on whether the application is likely to succeed, and prepares the supporting material if proceeding.
I've spent a lot of time overseas — does this disqualify me?
Possibly. The 4-year residence requirement allows no more than 12 months total absence and no more than 90 days absence during the 12-month permanent residency period. Absences beyond these limits mean the 4-year qualifying period has not been met — the application must wait until a 4-year qualifying period with compliant absences has been accumulated. A lawyer calculates the exact date on which you become eligible based on your actual travel history — which is obtainable from the Department through a movement request.
My child was born overseas — are they an Australian citizen?
Possibly by descent. If you were an Australian citizen by birth or descent (and, if by descent, were a permanent resident of Australia at the time of your child's birth), your child may be entitled to citizenship by descent. The citizenship is not automatic — the child must be registered. A lawyer maps the parentage chain and advises on eligibility and the registration process. Note that a child of an Australian citizen by descent is not automatically eligible — the second-generation rule applies.