Australian Citizenship
Struggling with your citizenship application or unsure if you meet the requirements? You’re not alone. At CMI Legal, our registered migration agents help applicants overcome residence, paperwork, and eligibility issues so they can become Australian citizens with confidence.
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What is Australian Citizenship?
Australian citizenship is the highest status a person can hold in Australia, conferring full rights and responsibilities under Australian law. Unlike permanent residency, citizenship is permanent and cannot be revoked in most circumstances. Citizens can vote in federal and state elections, stand for parliament, access Australian consular assistance worldwide, and hold an Australian passport.
The Australian Citizenship Act 2007 and Australian Citizenship Regulation 2016 govern all citizenship matters, administered by the Department of Home Affairs. Our citizenship lawyers help clients understand their obligations and rights, ensuring applications meet all legislative requirements.
Ways to Become an Australian Citizen
Citizenship by Birth
Children born in Australia to at least one Australian citizen or permanent resident parent automatically acquire citizenship at birth. Children born in Australia to non-citizen parents may acquire citizenship if they remain ordinarily resident in Australia for the first ten years of life, without interruption.
Citizenship by Descent
Children born outside Australia to an Australian citizen parent may be eligible for citizenship by descent. The application must be made before the child turns 25 (in most cases), and certain conditions regarding the parent's citizenship status apply. Our migration lawyers regularly assist families with descent applications.
Citizenship by Conferral
This is the main pathway for permanent residents becoming citizens. It requires meeting residency, character, and other requirements before applying. The majority of our citizenship clients pursue this pathway, and our fixed-fee services cover the entire application process.
Citizenship by Conferral – Who Is Eligible?
To be eligible for citizenship by conferral, you must satisfy the following requirements under the Australian Citizenship Act 2007
Permanent resident or eligible New Zealand citizen
You must hold a valid permanent visa or be an eligible New Zealand citizen (Special Category visa holder meeting specific criteria)
Citizenship by Descent
Four years of lawful residence in Australia, including at least 12 months as a permanent resident, with no more than 12 months total absence during the four years and no more than 90 days of absence in the final 12 months
Good character
You must be of good character, which involves criminal history checks and assessment of your conduct
Basic English knowledge
Ability to understand and communicate in basic English (tested during citizenship test or interview)
Commitment to Australia
Intention to reside in Australia or maintain a close and continuing association with Australia
Present in Australia
You must generally be in Australia when the Minister decides on your application
Why Become an Australian Citizen?
Permanent Residency vs Citizenship
While permanent residents enjoy many benefits, Australian citizenship offers greater security and rights. Unlike permanent residency, which requires visa renewals and can be affected by character issues or long absences, citizenship grants permanent status that remains unaffected by travel. Once granted, it ensures stability, full legal protections, and access to rights such as voting, government roles, and consular assistance abroad.
Key Benefits of Australian Citizenship
Becoming an Australian citizen offers numerous benefits, including the right to vote in federal, state, and local elections, and the ability to hold government roles such as defence or public service positions. Citizens can travel with an Australian passport, enjoying visa-free access to over 185 countries, and receive full consular protection abroad. Citizenship also provides permanent security with no visa renewals, and children born overseas may be eligible for citizenship by descent.
Australian Values and Responsibilities
Citizenship comes with responsibilities. Citizens must obey Australian laws, vote in elections (voting is compulsory), serve on a jury if called, and defend Australia if required. Applicants must demonstrate understanding of these responsibilities and commitment to Australian values, including democracy, the rule of law, and respect for individual freedoms.
Documents Required for a Citizenship Application
Need Help With Your Citizenship?
Get Expert Support For Your Australian Citizenship Application Today!
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With 11+ years of experience helping applicants become Australian citizens, CMI Legal’s registered migration agents provide clear advice, eligibility checks, document guidance, and fixed-fee support to help you achieve a successful citizenship outcome.
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Suite 904/10 Help St, Chatswood, NSW 2067, Australia
Our Citizenship Application Process
Consultation & Eligibility Check
We assess your travel history, residence periods, and character requirements to confirm eligibility and identify any issues that need addressing before application.
Strategy & Document Checklist
Based on your circumstances, we develop a tailored checklist and advise on optimal application timing, particularly important for clients with complex travel histories.
Application Preparation & Lodgement
We prepare your complete application, ensuring all documents meet Department requirements, and lodge it through the ImmiAccount portal.
Representation & Success
We remain your representatives throughout processing, responding to any Department requests and guiding you through test booking and the citizenship ceremony.
Australian Citizenship Test
The Australian citizenship test is designed to assess your understanding of Australia’s values, history, and responsibilities as a future citizen. The test contains 20 multiple-choice questions based on the official study resource, Australian Citizenship: Our Common Bond. To pass, applicants must score at least 75% and answer all Australian values questions correctly. Most applicants aged 18 to 59 are required to sit the test. Applicants under 18, 60 and over, or those with a significant physical or mental incapacity are exempt from the test. Instead, they attend an interview with the Department. Once your application is approved, you’ll receive an invitation to attend your citizenship ceremony, which is organised by your local council. Most applicants attend their ceremony within six months of approval.
Key Points
20 multiple-choice questions; 75% pass mark
Based on Australian Citizenship: Our Common Bond
Applicants aged 18–59 must sit the test
Exempt: under 18, over 60, or with certain incapacity
Citizenship ceremony is usually held within six months
Need Help?
Have questions about becoming an Australian citizen?
Book a consultation with our legal experts at CMI Legal today to get clear guidance and strategies for your citizenship application.
Common Legal Challenges We Solve for Small Businesses
No Employment Contract - Now Facing Claims
Challenge – You hired someone without a proper employment contract, and now they’re making claims.
Our Solution: We draft comprehensive employment contracts that clearly define duties, termination procedures, and confidentiality obligations. When disputes arise, we provide representation in Fair Work matters, helping resolve unfair dismissal and workplace claims with minimal business disruption.
Business Partnership Separation Issues
Challenge – Your business partnership is breaking down, and you need to separate, but you have no agreement.
Our Solution: This is why we strongly recommend shareholder agreements from day one. When partnerships dissolve without formal agreements, we guide you through negotiated settlements, asset division, and legal separation processes that protect your business interests.
Trademark Infringement by Competitors
Challenge: A competitor is using your brand name. Can you stop them?
Our Solution: If your trade mark is registered, we can take legal action against trademark infringement. If unregistered, your options are more limited, which is why trademark registration is critical. We handle opposition proceedings and enforce your intellectual property rights through cease and desist letters or court proceedings when necessary.
First Major Contract Review & Negotiation
Challenge – You’re signing your first major commercial contract and don’t understand the terms?
Our Solution: Our contract lawyers provide contract review services with plain-language explanations of legal terms, liability clauses, termination rights, and risk factors. We negotiate amendments to protect your position and ensure the agreement supports your business goals rather than exposing you to unnecessary legal risks.
Business Growth & Restructuring Decisions
Challenge: Your business is growing, do you need to change from a sole trader to a company?
Our Solution: We analyse your liability exposure, tax position, and growth plans to recommend the right business structure. If restructuring makes sense, we handle the company formation and transition process, ensuring legal compliance every step of the way.
Avoiding Unfair Dismissal Risks
Challenge – You need to terminate an employee, but don’t want an unfair dismissal claim?
Our Solution: We guide you through compliant termination procedures under Fair Work laws, including documentation requirements, notice periods, and redundancy considerations. Proper process significantly reduces the risk of claims.
Dual Citizenship & Your Home Country
Australia allows dual citizenship, so you can become an Australian citizen without giving up your existing nationality. However, rules in your home country may differ; some countries do not recognise dual citizenship and might require you to renounce your original citizenship when acquiring another. It’s important to check your home country’s regulations before applying for Australian citizenship. This aspect falls outside Australian law, so individual research or advice from your home country’s authorities is essential to ensure compliance with their requirements.
Why Choose CMI Legal For for Your Visa Application?
Our Migration Lawyers Reviews
Client Testimonials and Reviews
Based on 61 reviews
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I’ve had an incredibly positive experience working with John & Winnie on my matter. From start to finish, they have been professional, knowledgeable, and genuinely supportive throughout what’s been a stressful time for me.
They explained every step of the process clearly, responded promptly to any questions I had, and made complicated situations feel a lot more manageable. I felt like I was in good hands the entire time, and their calm, confident approach really helped me stay grounded.
Highly recommend CMI services to anyone needing immigration or legal assistance — couldn’t be more grateful.
Thanks again!
They explained every step of the process clearly, responded promptly to any questions I had, and made complicated situations feel a lot more manageable. I felt like I was in good hands the entire time, and their calm, confident approach really helped me stay grounded.
Highly recommend CMI services to anyone needing immigration or legal assistance — couldn’t be more grateful.
Thanks again!
As an old customer of CMI, this year is already the 8th year. Special thanks to attorney John and attorney Tina for carefully answering our various questions, providing a lot of professional advice and help, allowing us to easily complete each transaction.
Tina was a great lawyer - she was always incredibly knowledgeable, answered all questions promptly, and very friendly. Would recommend Tina!
Tina was a great help in guiding us through our first home buying experience. She gave us a lot of great explanations and advice from initial discussion of the process through every step until successful settlement. Communication and resolution of issues was prompt and professional.
Tina is a fantastic lawyer. her responses to my queries were thorough and timely, and impeccable organizational skills! Truly appreciated her clear and consistent communcation througout the entire property-purchasing process. she handled everything with profressionalism and expertise, making what could have been a stressful experience much smoother. Highly recommend!
We had the pleasure of working with Tina as our solicitor for our first home purchase, and we couldn’t have been in better hands. She carefully explained every step of the process, guiding us through what initially felt overwhelming and unfamiliar. Buying off the plan made us particularly cautious, especially when it came to reviewing legal documents. Tina’s meticulous approach put us at ease—she ensured we both clearly understood each aspect, taking the time to highlight and reorganise information to make it more accessible. Her dedication and professionalism made the entire experience far less daunting, and we’re truly grateful for her support.
John and Tina have provided great professional legal service since 2017 for me.
I realised that I hadn’t left a review for my dealings with CMI legal. I had dealt with them a few months ago, but an epiphany made me come and leave a review.
5 stars is insufficient to express their work. We were working Dee and she is an amazing and thorough professional. She goes above and beyond and explains matters that makes you understand things really well. Thank you Dee for your amazing work.
5 stars is insufficient to express their work. We were working Dee and she is an amazing and thorough professional. She goes above and beyond and explains matters that makes you understand things really well. Thank you Dee for your amazing work.
FAQs About Immigration Law Services
Current processing times for citizenship by conferral are approximately 5-8 months from application to ceremony, though this varies. The Department of Home Affairs publishes updated timeframes on its website. After approval, ceremony scheduling depends on your local council's schedule.
No. Applicants aged 60 and over are exempt from the citizenship test. Instead, you'll attend an interview with a Department officer to demonstrate basic English and understanding of citizenship responsibilities.
You should provide all passport pages (current and expired) showing entry and exit stamps. You can also request an International Movement Records statement from the Department of Home Affairs, which provides official records of your arrivals and departures from Australia.
Having a criminal record doesn't automatically disqualify you, but it will be assessed as part of the good character requirement. Minor offences may not affect your application, while serious offences could result in refusal. We can assess your specific situation and advise on your prospects.
Children under 16 can be included in a parent's citizenship application. Children aged 16-17 must apply in their own right but have reduced residence requirements. Each child included in an application attracts an additional government fee.
You may be able to request merits review by the Administrative Appeals Tribunal (AAT) depending on the refusal grounds. Time limits apply, so seek advice promptly. Our migration lawyers can assess whether a review is appropriate for your circumstances.
Australia allows dual citizenship, but your home country may not. Countries like China, India, and Singapore don't permit dual nationality, meaning you may lose your original citizenship upon becoming Australian. Check your home country's laws before applying.
Bring your current passport or ImmiCard and your test appointment letter. If attending an interview (for those exempt from the test), you may be asked about your application details, so review your submission beforehand.
Meet Our Experienced Team of Migration Lawyers
Tina Tang
Lawyer
Rita Lam
Lawyer
Mathew Wu
Director
Jhon Zhang
Principal
Malorie Tan
Lawyer