Australian citizenship by marriage

Australian citizenship by marriage refers to the pathway through which a foreign national can acquire Australian citizenship by marrying an Australian citizen. However, it’s important to note that marrying an Australian citizen does not automatically grant citizenship. The process involves meeting certain eligibility criteria and going through an application process.

How to get citizenship by marriage in Australia

Here are some key points about Australian citizenship by marriage:

  1. Eligibility criteria. To be eligible for Australian citizenship by marriage, you must be lawfully married to an Australian citizen and have a genuine and enduring connection. Also, you must have held a valid Australian permanent residency visa for at least three years before applying for citizenship.
  2. Residency requirement.  As a permanent resident, you must have lived in Australia for at least two years before applying for citizenship. There should be at least one year of continuous residency without any lengthy periods of departure during these two years.
  3. English language requirement. You need to demonstrate English language proficiency by providing evidence of meeting the required level. This can be done through English language test results or by completing recognized English language courses.
  4. Character requirement. You must meet the character requirements, which involve providing police clearance certificates from the countries you have resided in for a certain period and demonstrating good character.

Documentation and Application

To apply for Australian citizenship by marriage, you will need to gather certain documentation and complete the application process. Here are the general steps and documentation required:

Eligibility check

Before applying, ensure you meet the eligibility criteria for Australian citizenship by marriage, including being legally married to an Australian citizen, having held a valid Australian permanent residency visa for at least three years, meeting the residency requirement, and satisfying the character and English language requirements.

Complete Form 1290

Fill out Form 1290, “Application for Australian Citizenship by Conferral.” This form can be downloaded from the official website of the Department of Home Affairs.

Supporting documents

Gather the following supporting documents to include with your application:

  • Marriage certificate.
  • Identification documents.
  • Evidence of residence.
  • English language proficiency.
  • Character documents. Submit police clearance certificates from the countries you have resided in for a certain period to meet the character requirement.

Application submission and fee

Send your completed application form, supporting documents, and payment receipt to the address provided on the application form. Keep copies of all documents for your records. Pay the prescribed application fee at the time of submitting your application. The fee can be paid online or through other specified methods.

Citizenship test and interview

If your application is deemed eligible, you will be invited to sit for the Australian citizenship test. Study the official citizenship test resource book to prepare for the test. You may also be called for an interview to discuss your application further.

Citizenship ceremony

Upon approval of your application, you will be invited to attend a citizenship ceremony. At the ceremony, you will take the Australian citizenship pledge and receive your Certificate of Australian Citizenship.

Dual Nationality

Australia generally allows for dual nationality, which means individuals can hold Australian citizenship alongside the citizenship of another country.

FAQ

Can I automatically become an Australian citizen by marrying an Australian citizen?

No, marrying an Australian citizen does not automatically grant you Australian citizenship. You will need to meet certain eligibility criteria and go through the application process.

How long do I need to be married to an Australian citizen before I can apply for citizenship?

There is no specific duration of marriage required before you can apply for Australian citizenship by marriage. The focus is on having a genuine and ongoing relationship with your Australian citizen spouse.

What are the eligibility criteria for Australian citizenship by marriage?

The eligibility criteria generally include being legally married to an Australian citizen, holding a valid Australian permanent residency visa for at least three years, meeting the residency requirement, and satisfying the character and English language requirements.

Can I apply for Australian citizenship by marriage if I am in a de facto relationship?

Yes, you can apply for Australian citizenship by marriage if you are in a de facto relationship with an Australian citizen. The requirements for a de facto relationship are similar to those for a legal marriage, and you will need to provide evidence of your relationship.

Do I need to pass the Australian citizenship test for citizenship by marriage?

Yes, as part of the application process, you will need to pass the Australian citizenship test. The test assesses your knowledge of Australia, including its history, values, and rights and responsibilities of citizens.

How long does the application process take?

The processing time for Australian citizenship by marriage can vary. It typically takes several months to process the application, including the assessment of eligibility, citizenship test, and background checks.

Can I include my children in the application for citizenship by marriage?

Yes, you can include your children in your application if they are under 16 years of age. They can be included as dependent applicants, and their eligibility for citizenship will be assessed based on their circumstances.

Can I retain my original citizenship if I acquire Australian citizenship by marriage?

Yes, Australia generally allows for dual citizenship. This means that you can retain your original citizenship while also becoming an Australian citizen.

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