How to Secure Australian Citizenship by Marriage

Marrying an Australian doesn’t automatically grant you citizenship, but it can pave the way to becoming an Australian citizen. If you’re considering this path, you might wonder about the process and requirements. Australian citizenship by marriage involves several steps, including obtaining a partner visa, meeting residency criteria, and demonstrating your commitment to Australia.

You must apply for a spouse visa in Australia to begin your journey. This is the first step in the process, and it’s crucial to get it right. Once you have your partner visa, you must live in Australia for a certain period before applying for citizenship. You’ll also have to show that you’re integrating into Australian society and are of good character. The process can be complex, but you can navigate it successfully with the correct information and guidance.

The Path to Australian Citizenship Through Marriage

Overview of the process

Marrying an Australian citizen or permanent resident does not automatically grant you citizenship, but it can pave the way to becoming an Australian citizen. The process involves several steps, starting with obtaining a valid partner visa. You’ll need to apply for an onshore or offshore partner visa, depending on your location at the time of application. If you’re applying onshore, you may be granted a Bridging Visa to remain in Australia while awaiting a decision on your temporary partner visa. Once your temporary visa is granted, you can continue living in Australia until a decision is made on your permanent residence application.

Key requirements

To qualify for a partner visa, you must demonstrate that your relationship with your Australian spouse is genuine, continuing, and mutually exclusive. The Department of Home Affairs assesses your relationship based on four key factors: financial aspects, social aspects, household arrangements, and commitment to each other. Evidence is crucial in supporting your application and maximizing your chances of success. If there are doubts about the genuineness of your relationship, you may be asked to attend an interview with a Departmental officer.

Your Australian spouse will also need to apply for and be granted approval to sponsor you for the visa. It’s important to note that changes to the sponsorship requirements are expected, which will separate the sponsorship assessment from the visa application process. These changes could impact the timing of your application, so it’s advisable to consider applying as soon as possible if you meet all the eligibility requirements.

Timeline expectations

The partner visa application and grant process is not quick, so be prepared for a long wait. Based on current Departmental processing times, the overall process can take an average of 32 to 45 months for onshore applications and 31 to 45 months for offshore applications. These processing times are approximate and subject to change.

It’s essential to seek professional advice when applying for a partner visa, as Australia’s migration laws are complex, and each case is unique. A migration professional can help you navigate the process, ensure you meet all the requirements, and provide the best chance of achieving a successful outcome on your application.

Remember, marriage is not enough to meet the partner visa grant requirements. You must provide evidence demonstrating that your relationship meets the four key factors the Department of Home Affairs assessed. Understanding the process, requirements, and timeline expectations can help you better prepare for your journey toward Australian citizenship through marriage.

Obtaining a Valid Partner Visa

Spouse visa options

Regarding spouse visas, you have a few options depending on your situation. If you’re married to an Australian citizen, permanent resident, or eligible New Zealand citizen, you may qualify for a Partner (Provisional) visa (subclass 309) or a Partner visa (subclass 100). The subclass 309 visa allows you to live in Australia temporarily while your permanent Partner visa application is processed. To apply for this visa, you must be outside Australia at the time of application.

On the other hand, if you’re already in Australia and married to an Australian citizen, permanent resident, or eligible New Zealand citizen, you may qualify for a Partner (Temporary) visa (subclass 820). This visa lets you stay in Australia while processing your permanent Partner visa (subclass 801) application.

De facto partner visas

If you’re in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you may also be eligible for a partner visa. A de facto relationship is a committed relationship between two people who are not married but live together on a genuine domestic basis. To be eligible for a de facto partner visa, you must have been in the relationship for at least 12 months before applying.

Similar to spouse visas, there are two types of de facto partner visas: the Partner (Provisional) visa (subclass 309) for those applying outside Australia and the Partner (Temporary) visa (subclass 820) for those applying within Australia. Both visas allow you to live in Australia temporarily while your permanent partner visa application is processed.

Prospective Marriage visa

If you’re engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be eligible for a Prospective Marriage visa (subclass 300). This visa allows you to come to Australia to marry your prospective spouse within nine months of being granted. Once married, you can apply for a permanent partner visa to stay in Australia.

To be eligible for a Prospective Marriage visa, you must be outside Australia when you apply and when the visa is granted. You must also meet specific health and character requirements, and your relationship must be genuine and continuing.

It’s important to note that the partner visa application process can be complex and time-consuming. You’ll need to provide extensive evidence of your relationship, including financial, social, and household aspects. You may also need to undergo health examinations and police checks as part of the application process.

If you’re considering applying for a partner visa, it’s recommended that you seek professional advice from a registered migration agent or immigration lawyer. They can help you navigate the application process and ensure you meet all the requirements for a successful outcome.

In conclusion, if you’re married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be eligible for a partner visa to live in Australia permanently. The type of visa you apply for will depend on your specific circumstances, such as whether you’re applying from inside or outside Australia. Understanding the different visa options and seeking professional advice can increase your chances of a successful partner visa application and ultimately secure your Australian citizenship by marriage.

Fulfilling Residency Requirements

Understanding the four-year rule

To be eligible for Australian citizenship by conferral, you must have been lawfully residing in Australia for four years immediately before applying. This includes:

• Being physically present in Australia for at least 1,460 days during the four years before applying (with absences of no more than 12 months in total and no more than 90 days in the year immediately before applying).
• Holding a valid Australian visa for the entire four-year period.
• Being a permanent resident and an eligible New Zealand citizen for the 12 months immediately before applying.

The four-year lawful residence period usually begins when you first enter Australia on a valid visa or are granted a permanent visa (if you were already in Australia). However, the rules may differ for New Zealand citizens on a Special Category visa (subclass 444).

If you’re unsure about your lawful residence start date, you can provide an estimated date if you’re confident it was more than four years ago. The Department of Home Affairs will verify your immigration history using their records.

Continuous residence requirement

In addition to the four-year rule, you must meet the continuous residence requirement. This means you must have been living in Australia for 12 months immediately before applying, without any absences from Australia totaling more than 90 days.

Suppose you’re a permanent resident and have been absent from Australia for longer than allowed. In that case, you may still be eligible for citizenship if you can demonstrate a close and continuing association with Australia during your absence. Factors supporting your claim include having Australian citizen children, owning property in Australia, or maintaining employment ties with Australia.

Allowable absences

While the general residence requirement allows for some absences from Australia, it’s important to understand the limits. You can be absent from Australia for no more than 12 months during the four years before applying, with no more than 90 days of absence in the 12 months immediately before lodging your application.

If you exceed these allowable absences, you may need to wait until you have accumulated enough lawful residence time in Australia before you can apply for citizenship. However, in some circumstances, the Department may exercise discretion and treat periods of absence as if you were present in Australia if you can demonstrate compelling reasons for the absence, such as overseas work commitments or caring for a seriously ill family member.

It’s crucial to carefully plan any travel outside Australia in the years leading up to your citizenship application to ensure you meet the residence requirements. If you’re unsure about your eligibility, seeking professional advice from a registered migration agent can help you understand your options and increase your chances of successfully applying for Australian citizenship by marriage.

Demonstrating Good Character and Integration

Character checks

To be eligible for Australian citizenship by marriage, you must demonstrate that you are of good character. This means that you are likely to uphold and obey the laws of Australia and fulfill the commitments made through the Australian Citizenship Pledge. As part of the character assessment, you may need to provide penal clearance certificates for countries you have visited outside Australia.

The Department of Home Affairs works with the Australian Criminal Intelligence Commission (ACIC) and Australian police agencies to conduct character checks through the National Police Checking Service (NPCS). By signing the NPCS consent section in your citizenship application, you allow these agencies to access and disclose your criminal history information, including charges, convictions, court appearances, and traffic offenses.

It’s important to note that having a criminal record does not automatically disqualify you from meeting the good character requirement. Each case is assessed on its merit, and it’s in your best interest to provide full and accurate details in your citizenship application. If you believe your police check result is incorrect, you can dispute it through ACIC’s appeals and disputes process.

English language proficiency

To be eligible for Australian citizenship by marriage, you must demonstrate that you have a basic knowledge of the English language. This requirement can be met in several ways, such as:

1. Being a citizen of and holding a valid passport from the United Kingdom, the United States of America, Canada, New Zealand, or the Republic of Ireland (British National Overseas passports are not acceptable).
2. Obtaining a qualifying score on an approved English language test, such as IELTS Academic, IELTS General Training, or IELTS for UKVI.

The Department of Home Affairs does not accept “at-home” or “online” tests for migration purposes. Scores from approved tests undertaken at secure test centres are required, and the validity period of the test results varies depending on the visa subclass you are applying for.

Suppose you are applying for a partner visa to secure your path to Australian citizenship by marriage. In that case, both you and your partner may need to demonstrate competent English proficiency at the time of invitation or application, depending on the specific visa subclass.

Knowledge of Australia test

As part of the citizenship application process, most applicants aged between 18 and 59 will need to sit the citizenship test. The test assesses your English language skills and knowledge of Australia and Australian citizenship. It covers topics such as Australia and its people, democratic beliefs, rights and liberties, government, and the law.

To prepare for the test, read the “Australian Citizenship: Our Common Bond” booklet, listen to the “Our Common Bond” podcast, and complete the practise test. The Department of Home Affairs provides these resources in English and a range of community languages to help you prepare effectively. It’s important to note that the Department does not endorse or recommend any external courses or paid apps claiming to assist with test preparation.

By demonstrating your good character, English language proficiency, and knowledge of Australia through the citizenship test, you can strengthen your application for Australian citizenship by marriage. It’s crucial to provide accurate and complete information throughout the process to ensure a smooth and successful outcome on your journey to becoming an Australian citizen.

Navigating the Citizenship Application Process

Online application system

Thanks to the online application system, applying for Australian citizenship by marriage is now easier than ever. You can start your partner visa application, save your progress, and return to it anytime. The online system also allows you to share your application with another account, such as your spouse or a registered migration agent, making the process more collaborative and efficient.

To apply online, you must create an ImmiAccount on the Department of Home Affairs website. Once logged in, you can select the appropriate visa category, such as a spouse visa in Australia, and begin filling out the application form. The online system will guide you through each step, ensuring that you provide all the necessary information and supporting documents.

Document checklist

Before submitting your application, it’s crucial to gather all the required documents. The Department of Home Affairs provides a comprehensive document checklist to help you prepare your application. This checklist includes proof of identity, evidence of your relationship with your Australian spouse, and any additional documents specific to your circumstances.

Suppose you’re applying for a partner visa to secure your path to Australian citizenship by marriage. In that case, you and your partner may need to demonstrate competent English proficiency at the time of invitation or application, depending on the specific visa subclass. You’ll also need to provide evidence of your genuine and continuing relationship, such as joint financial records, shared living arrangements, and social aspects of your relationship.

It’s important to note that being married to an Australian citizen does not guarantee permanent residency or citizenship. You must meet all the eligibility requirements and provide sufficient evidence to support your application. If there are doubts about the genuineness of your relationship, you may be asked to attend an interview with a Departmental officer.

Interview and ceremony

If your application for Australian citizenship by marriage is successful, you’ll be invited to attend an interview and sit the citizenship test. The test assesses your knowledge of Australia, its people, and the responsibilities and privileges of citizenship. To prepare for the test, you can access the “Australian Citizenship: Our Common Bond” booklet and other resources the Department of Home Affairs provides.

After passing the citizenship test, you’ll be required to attend a citizenship ceremony and make the pledge of commitment. This is the final step in becoming an Australian citizen. The ceremony is a formal occasion where you pledge your loyalty to Australia and its people and receive your citizenship certificate.

It’s important to note that you must attend your citizenship ceremony within 12 months of your application being approved. If you fail to do so, the decision to approve your application may be cancelled. Once you’ve attended the ceremony and made the pledge, you can apply for an Australian passport and enjoy all the rights and responsibilities of being an Australian citizen.

In conclusion, navigating the citizenship application process requires careful preparation and attention to detail. By understanding the requirements, gathering the necessary documents, and following the steps outlined by the Department of Home Affairs, you can increase your chances of a successful application. While marrying an Australian citizen can pave the way to citizenship, it’s not a guarantee. You must demonstrate your commitment to Australia and meet all the eligibility criteria to secure your place as an Australian citizen.