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February 10, 2022

Australia Citizenship & Other Visas

Australian Citizenship is a process in which a non-Australian citizen voluntarily becomes an Australian citizen. While becoming the Australian citizens they pledge their loyalty to Australia and its people and are then entitled to its protection and to exercise their rights and responsibilities as citizens.

Highlights of Australian Citizenship Act

The Australian Citizenship Act 2007 defines who is, who can become, and who ceases to be an Australian citizen.

Australian citizenship can be acquired automatically:

  • Birth
  • Adoption in Australia
  • Historical transitional arrangements
  • Abandonment as a child
  • Incorporation of a Territory

or by application:

  • Descent
  • Adoptions are done in accordance with the Hague Convention on intercountry Adoption or bilateral arrangements
  • Conferral
  • Resumption

Most people who acquire Australian citizenship do so automatically however, most of those who do it by application do it under the conferral pathway.

Key Eligibility Requirements

CONFERRAL PATHWAY (GENERAL ELIGIBILITY)

  • You must be 18 years or over at the time of application.
  • You must be a Permanent Resident.
  • You must satisfy the Residence requirement. This is having been lawfully present in Australia for a period of four years immediately prior to making your application, including the last 12 months as a permanent resident.
  • You must pass the Citizenship test.
  • You must have basic knowledge of the English language (satisfied by the successful completion of the Citizenship test).
  • You must have adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship (satisfied by the successful completion of the Citizenship test).
  • You must meet character requirements.

Please note that the above is not an exhaustive list of requirements. If you would like comprehensive information about Australian citizenship, please contact us.

Return (Residence) Visa (Subclass 155)

The purpose of the Resident Return Visa (RRV) (Class BB) (Subclass 155) is to allow certain persons who are or have been permanent residents or citizens of Australia to return to the country as permanent residents.

Highlights

  • You may be in or outside Australia to lodge a valid visa application.
  • This visa allows you to work, study and live in Australia.
  • This is a Permanent resident visa and allows you to stay in Australia indefinitely with a travel facility of up to 5 years.

Key Eligibility Requirements

  • You must be an Australian permanent resident, an Australian citizen who lost or renounced Australian citizenship or a former Australian permanent resident.
  • You must meet the resident requirement, have been lawfully in Australia for a minimum of 2 years within the last 5 as the holder of a permanent visa or Australian citizenship.
  • If you do not meet the resident requirement, you may still be eligible for this visa if you have substantial business, cultural, employment or personal ties with Australia which are of benefit to the country and
    • you are offshore and you have not been absent from Australia for a continuous period of 5 years or more before the application unless there are compelling reasons for the absence and you hold a permanent visa or last departed Australia as the holder of a permanent visa or as an Australian citizen who subsequently lost or renounced Australian citizenship or,
    • you are offshore and you were an Australian citizen or permanent resident at some point in the last 10 years and have not been absent from Australia for a period or periods that total more than 5 years in the period from the date that you last departed Australia as an Australian citizen or permanent resident to the date of the application unless there are compelling reasons.
    • you are onshore and you have not been absent from Australia for a continuous period of 5 years or more since the date of your most recent permanent visa or the date when you ceased to hold Australian citizenship unless there are compelling reasons.
  • Members of the family unit of persons who meet the requirements or hold a Subclass 155 may also be eligible to apply for this visa.
  • You must satisfy certain Public Interest criteria.
  • If you apply from offshore you must satisfy certain Special Return criteria.

Return (Residence) Visa (Subclass 157)

The purpose of the Resident Return visa (RRV) (Class BB) (Subclass 157) is to allow certain persons who are or have been permanent residents or citizens of Australia to return to the country as permanent residents.

Highlights

  • You may be in or outside Australia to lodge a valid visa application.
  • This visa allows you to work, study and live in Australia.
  • This is a Permanent resident visa and allows you to stay in Australia indefinitely with a travel facility of 3 months.

Key Eligibility Requirements

  • You must be an Australian permanent resident, an Australian citizen who lost or renounced Australian citizenship or a former Australian permanent resident.
  • You must meet one of these requirements:
    • have been lawfully in Australia for at least 1 day but less than 2 years within the last 5 as the holder of a permanent visa or Australian citizenship. Additionally, you must have compelling and compassionate reasons for leaving or have left the country or,
    • you are a member of the family unit of a person who holds a Subclass 157 or who meets the requirements and has lodged an application for this visa.
  • If you are offshore you must have not been absent from Australia for a continuous period of more than 3 months before making the application unless there are compelling and compassionate reasons for the absence.
  • You must satisfy certain Public Interest criteria.
  • If you apply from offshore you must satisfy certain Special Return criteria.

Bridging Visas (BVs)

Bridging visas provide lawful status in Australia to eligible non-citizens.

Highlights

  • There are seven bridging visa (BV)classes and nine subclasses:
    • Class WA – Bridging A (BVA) – Subclass 010 – Bridging A
    • Class WB – Bridging B (BVB) – Subclass 020 – Bridging B
    • Class WC – Bridging C (BVC) – Subclass 030 – Bridging C
    • Class WD – Bridging D (BVD) – Subclass 040 – Bridging (Prospective Applicant) and Subclass 041 – Bridging (Non-applicant)
    • Class WE – Bridging E (BVE) – Subclass 050 – Bridging (General) and Subclass 051 – Bridging (Protection Visa Applicant)
    • Class WF – Bridging F (BVF) – Subclass 060 – Bridging F
    • Class WR – Bridging R (BVR) – Subclass 070 – Bridging (Removal Pending).
  • Depending on the applicant’s circumstances, a bridging visa may be granted automatically or by making a separate application.
  • Applicants may hold multiple Bridging visas at the same time however, only one BV will be in effect at any one time.
  • In general, and with one exception (BVF), all bridging visas may only be applied for and granted in Australia.
  • Bridging visas are Temporary compliance visas and allow you to stay in Australia temporary providing you lawful status.

APPEAL & REVIEW

Administrative Appeals Tribunal (AAT)  Merits Review

The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions under Commonwealth laws.

Highlights

  • A decision to refuse or cancel your visa may be reviewed by the AAT.
  • Decisions are reviewed “on the merits”, which means that the Tribunal will take a fresh look at the application, relevant law and policy and will make their own decision.
  • The AAT has the power to affirm a decision, vary a decision, set aside and substitute a new decision or remit a decision to the decision-maker for reconsideration.
  • Decisions that may be reviewed by the ATT include refusal or cancellation of visas where prescribed circumstances apply. Not all decisions are reviewable by the ATT, for example, a decision to which the Minister has issued a conclusive certificate.

If your visa application has been refused or your visa has been cancelled and you would like to know whether this decision can be reviewed by the Administrative Appeals Tribunal, please contact us for a comprehensive assessment of your circumstances.

Notice Of Intention To Consider Cancellation (NOICC)

A Notice of Intention to Consider Cancellation (NOICC) is the Department’s instrument to provide visa holders with an opportunity to present arguments in relation to their case to prevent visa cancellation.

Highlights

  • A Notice of Intention to Consider Cancellation will include:
    • Details of the nature of alleges activities.
    • Evidence(s) or information held by the Department.
    • An invitation to comment and present arguments and evidences to support your case.
    • The time limit and method of response.
  • Your response to the NOICC is your opportunity to tell the Department the reasons why your visa should not be cancelled and why you should be allowed to stay in Australia.
  • The Department uses Ministerial Direction No.65 when assessing your response to the Notice of Intention to Consider Cancellation.
  • You should aim to provide enough and convincing arguments in your response to a NOICC.

If you have received a Notice of Intention to Consider Cancellation of your visa, you may like to discuss your options with us, please contact us for a comprehensive assessment of your circumstances.

This content is for general information purposes only, it is not immigration advice and must not be construed as such.

While due care has been taken to ensure that the content is kept up-to-date and correct, the currency and thus accuracy of the information cannot be guarantee due to the frequent changes in migration law.

If you are looking to apply for Australian Citizenship you can contact us to help you get your Australian citizenship without any hassle.

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