Australian Citizenship Act: Conferral, Test, and Pledge

The Australian Citizenship Act 2007 sets out who is a citizen automatically, who can apply, what applicants must prove, and how citizenship can be lost. The core Australian Citizenship Act requirements for people applying by conferral are: at least 18 years of age, a permanent visa, four years’ lawful residence in Australia (with the last 12 months as a permanent resident), basic English, a pass on the citizenship test, good character, and a demonstrated intention to keep living in or maintain a close connection with Australia.¹ The Department of Home Affairs administers the Act and charges a standard application fee of $575, with total processing typically running 10 to 14 months from lodgement to ceremony.²

How the Act Grants Citizenship

The Act recognises four main pathways, and the requirements differ sharply between them.

Birth in Australia

Under Section 12, a child born in Australia is automatically a citizen if at least one parent was an Australian citizen or permanent resident at the time of birth.³ No application is required. A child born in Australia to parents who are neither citizens nor permanent residents does not qualify at birth, but becomes a citizen on their tenth birthday if they have lived in Australia for those first ten years, regardless of the parents’ visa status.⁴

Descent

Section 16 covers people born outside Australia to at least one Australian citizen parent. This pathway is not automatic; you must apply. If the citizen parent obtained their own citizenship by descent or overseas adoption, that parent must have spent at least two lawful years in Australia before you can apply. Applicants aged 18 or older must also meet a good character requirement.⁵

Adoption

Section 13 covers children adopted by Australian citizens. For intercountry adoption the process must fall under the Hague Convention on Intercountry Adoption or a bilateral arrangement, and at least one adoptive parent must have been an Australian citizen at the time of adoption. The application uses Form 1272. Where the adopting country does not finalise adoptions immediately, the child enters on an Adoption visa and acquires citizenship automatically once the adoption is completed under Australian law.⁶

Conferral

Conferral is the pathway most permanent residents follow. It requires a formal application, a citizenship test in most cases, and attendance at a ceremony. Its requirements are set out below.

Conferral Requirements in Detail

Section 21 lists eight matters the Minister must be satisfied about. The three that most often decide an application are residency, good character, and English.

Residency

You must have lived in Australia on a valid visa for the four years immediately before applying, and you must have held a permanent visa for at least the final 12 months of that period. Absences from Australia during the four years cannot total more than 12 months, and absences during the final 12 months cannot exceed 90 days.³ Track short trips carefully. The Department cross-checks against its own travel records.

Good Character

The good character assessment considers your criminal history, outstanding charges, and general conduct, both in Australia and overseas. A criminal record is not an automatic bar, but serious offences, fraud, or dishonesty in immigration matters weigh heavily against an applicant.¹

English and Understanding

You need a basic knowledge of English and an understanding of what you are applying for. The citizenship test is designed to assess both at once: it is conducted entirely in English and covers Australian values, history, and governance.

The Citizenship Test

The test has 20 multiple-choice questions. You need at least 75 percent overall, which means 15 correct answers. Five of the questions cover Australian values, and you must answer all five correctly. Topics span Australian history, Indigenous culture, democratic beliefs, government structure, and the rights and responsibilities of citizenship. A failed test can be resat, but each attempt is booked through the Department. The test is taken at an in-person appointment where an officer also verifies your original identity documents.

Exemptions

Applicants under 18 or aged 60 and over do not sit the test. People with a permanent physical or mental incapacity that prevents them understanding the application or demonstrating English are also exempt, as are people with permanent loss or substantial impairment of hearing, speech, or sight.⁷ Temporary conditions do not qualify. To claim an exemption, provide a supporting letter from a health practitioner registered with the Australian Health Practitioner Regulation Agency confirming the nature, permanence, and current existence of the condition. Applicants exempt due to permanent mental incapacity may also be excused from making the pledge; those with sensory impairments still attend and make the pledge.

Documents, Fees, and Processing

Missing documents are the most common reason applications stall. You need three categories of evidence.

For identity, expect to provide your full birth certificate, current passport, and evidence of any name changes. An identity declaration must be signed by an Australian citizen who has known you for at least a year, is not related to you, and works in one of 39 approved professions, and who is contactable by phone during working hours.

For residency, documents such as utility bills, rental agreements, and bank statements support your physical presence across the four-year period, alongside the Department’s own travel records.

For character, if you have lived or travelled outside Australia for a combined total of 12 months or more since turning 18 and spent 90 or more days in any single country, you must provide an overseas police clearance from that country.⁵ Australian police checks are ordered by the Department on your behalf through the National Police Checking Service. Overseas clearances can take weeks or months, so start early.

General eligibility applications use Form 1300t, lodged online through ImmiAccount for faster processing.⁸ The general eligibility fee is $575; other eligibility categories, such as applications by a person with an incapacity, cost $350. Holders of a valid Pensioner Concession Card issued by the Australian Government pay $80 or $40 respectively. Children under 16 included on a parent’s application pay nothing. Fees are indexed on 1 July each year, so confirm the current schedule before lodging.²

Half of all applications receive a decision within five months and 90 percent within nine months. After approval, ceremonies are typically scheduled four to six months later. Half of applicants finish the process within 11 months and 90 percent within 14 months.⁹

The Ceremony and Pledge

Approval does not make you a citizen. You become a citizen when you attend a ceremony and make the Australian Citizenship Pledge: “From this time forward, [under God,] I pledge my loyalty to Australia and its people, whose democratic beliefs I share, whose rights and liberties I respect, and whose laws I will uphold and obey.”¹⁰ The words “under God” are optional.

If you do not attend a ceremony within 12 months of approval, the Department can cancel your application and you would need to start over.¹¹ Ceremonies are usually held by local councils, often around Australia Day or Australian Citizenship Day. If you travel overseas before your ceremony you travel as a permanent resident, so check that your permanent visa’s travel facility has not expired; otherwise you may need a Resident Return visa to get back.¹²

Dual Citizenship

Australia allows dual citizenship. You do not have to give up your existing nationality to become Australian, and taking up citizenship of another country does not automatically end your Australian citizenship.¹² Dual citizens must use their Australian passport when entering and leaving Australia. Those who hold citizenship of a third country and used a non-Australian passport for their visa application should keep using that same passport for travel to Australia.

If Your Application Is Refused

You can apply to the Administrative Review Tribunal for review of a refusal, and the Tribunal can also review decisions to cancel existing citizenship. You generally have 28 days from receiving the decision letter to lodge, though the exact deadline appears in the letter itself.¹³ Applications are made online. If you no longer have the decision letter you can still apply using your personal and identifying details. A missed deadline can be extended in writing, with reasons; the Department has 14 days to respond and the Tribunal decides whether to grant the extension before starting the review. You can represent yourself, or appoint a registered migration agent, an Australian lawyer, or a close family member.

Losing Australian Citizenship

Citizenship is not necessarily permanent. Section 33 allows voluntary renunciation for people aged 18 or over who either already hold another citizenship or will acquire one immediately on the Minister’s approval. The Minister can refuse if renunciation would not be in Australia’s interests, or if Australia is at war at the time of the application.¹⁴ The other-nationality requirement prevents statelessness.

Section 34 lets the Minister revoke conferral-based citizenship in defined circumstances: conviction for providing false information in the citizenship application, conviction of a serious criminal offence after applying, or approval obtained through immigration-related fraud. In each case the Minister must also be satisfied that it would be contrary to the public interest for the person to remain a citizen. Section 36D allows the Minister to determine that a dual national ceases to be a citizen where that person has been convicted of a terrorism-related offence, sentenced to at least three years’ imprisonment, and the conduct shows repudiation of allegiance to Australia.¹⁵ The terrorism-related revocation provisions apply only to dual citizens; Australia cannot strip citizenship from someone who holds no other nationality.

Obligations That Come With Citizenship

Citizenship carries legal duties that permanent residents do not share.

Every citizen aged 18 or over must enrol and vote in federal elections and referendums. Failing to vote without a valid reason is an offence under the Commonwealth Electoral Act 1918, carrying a penalty of one penalty unit (currently $330). Religious belief requiring abstention qualifies as a valid reason; general conscientious objection does not.¹⁶

Citizens may be summoned for jury duty. Ignoring a summons is a criminal offence attracting a fine of up to 30 penalty units ($9,900), and employers must grant leave for jury service without deducting it from annual or recreation leave.¹⁷

On the benefits side, only citizens hold an Australian passport, and citizens travelling abroad can access consular services such as emergency passport replacement, welfare checks after arrest, and support during disasters. Consular help is a service, not a legal right, and dual nationals may receive limited assistance in their other country of nationality. The service will not pay fines, post bail, intervene in court proceedings, or secure release from prison.¹⁸

1
AustLII. Australian Citizenship Act 2007 – Section 21
2
Department of Home Affairs. Citizenship Application Fees
3
Department of Home Affairs. Become an Australian Citizen by Conferral
4
Australian Citizenship Act 2007. Australian Citizenship Act 2007 No 20 2007 – Section 12
5
Department of Home Affairs. Your Parent Was an Australian Citizen When You Were Born
6
Department of Home Affairs. Become an Australian Citizen by Adoption – Child Adopted Outside Australia
7
Department of Home Affairs. Become a Citizen by Conferral – Person With an Incapacity or Impairment
8
Department of Home Affairs. Form 1300t – Application for Australian Citizenship General Eligibility
9
Department of Home Affairs. Citizenship Processing Times
10
Department of Home Affairs. Australian Citizenship Pledge
11
Federal Register of Legislation. Australian Citizenship Act 2007
12
Department of Home Affairs. Travelling as a Dual Citizen
13
Administrative Review Tribunal. Immigration and Citizenship
14
AustLII. Australian Citizenship Act 2007 – Section 33
15
Parliament of Australia. Invalidity of the Ministers Power to Revoke Citizenship
16
Australian Electoral Commission. Electoral Backgrounder – Compulsory Voting
17
Federal Court of Australia. FAQs – Jury Service in the Federal Court
18
Smartraveller. Consular Services Charter