Leslie Massey
Australia is a popular destination for those seeking a new permanent residence or citizenship, and it's important to understand the requirements before applying. The process can be lengthy and complicated, and there are different types of visas and requirements depending on your situation. One of the key questions people ask is whether they need to be physically present in Australia when applying for residency, and this paragraph will explore the answer to that question.
| Characteristics | Values |
|---|---|
| Total days in Australia | 480 days in 4 years or 180 days in 2 years |
| Recent presence | 120 days in the last 12 months or 90 days in the last 12 months |
| Permanent residency | Last 12 months or entire 2 years |
| Lawful status | Cannot be an unlawful non-citizen |
| Short trips | Up to 12 months of travel outside Australia in 4 years or 90 days of travel outside Australia in the last 12 months |
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What You'll Learn
Permanent residency requirements
Permanent residency in Australia is available to those who hold a permanent visa but are not citizens. Permanent residents can live, work, and study in Australia without restrictions and enjoy most of the rights and entitlements of citizens.
To apply for permanent residency, you must meet specific requirements. You can apply on humanitarian grounds, as a migrant, or as part of a family unit. If you are applying as a migrant, you must be over the age of 18 and meet the residence requirements. This means providing evidence that you live in Australia, such as owning a home or having a formal rental agreement. If you spend a lot of time overseas, you will need to demonstrate a stronger connection to Australia than to other countries. This includes showing that you have an ongoing connection to Australia, such as through work, holiday, or living with family. Additionally, any adult who became a permanent resident on or after 1 July 2007 must have lawfully resided in Australia for the four years immediately preceding their application for citizenship.
It is important to note that permanent residency is not the same as citizenship. To become an Australian citizen, you must meet additional requirements, such as passing a citizenship test (unless you are over 60 years old) and demonstrating a likelihood of residing or maintaining a close and continuing association with Australia. Australian citizens have the right to apply for an Australian passport, receive diplomatic assistance while overseas, and register their children born overseas as Australian citizens by descent.
In terms of physical presence in Australia during the application process, it is not explicitly stated whether an applicant must be in the country at the time of application. However, providing evidence of living in Australia, such as through accommodation arrangements or family ties, is crucial for meeting the residence requirements. Therefore, it is advisable to have some form of physical presence or strong connection to the country to support your application.
To summarise, while the specific requirements for permanent residency in Australia are detailed and varied, the process allows for applications from those with a genuine connection to the country, whether through residence, family, or other eligible means.
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Temporary visas
When applying for a temporary visa to stay in Australia, there are a number of factors to consider. Firstly, you must determine the type of visa you need, as the Australian visa system consists of 99 individual visa types. These are divided into different categories, and the type of visa you may qualify for depends on your personal profile.
One type of temporary visa is for those who have a job offer from an Australian employer or for employees who will be sent to Australia temporarily by their current employer. For this visa, your occupation needs to be listed in the occupation lists, and you must meet health requirements. Formal health examinations may be requested depending on the length of your stay. This visa also allows the partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to apply. It is also applicable if you have children residing in Australia or if your parents live in Australia.
Another type of temporary visa is the Business Class Australia visa, which is for entrepreneurs with minimum funds of AUD 800,000 and a minimum annual turnover of AUD 500,000. Investors and retired people can also apply for this visa.
The application form for non-business temporary residence is Form 147, which is for social, cultural, training, and academic employment, usually exceeding three months. The requirements for this visa include two recent passport photographs, a valid passport, employment references, and a visa application charge, which must be paid in Jordanian dinar cash. Other requirements, such as bank statements, may be requested at the time of lodgement. The processing time is approximately 28 days, but actual processing times may vary depending on individual circumstances and the complexity of each case.
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Citizenship test
To become an Australian citizen, you must pass a citizenship test (unless you are over the age of 60) and be a permanent resident at the time of application and decision. The test is an important part of ensuring you have the capacity to fully participate in the Australian community as a citizen and maximise the opportunities available to you in the country. It promotes social cohesion and successful integration into the community.
The Australian citizenship test is designed to assess whether you have adequate knowledge of Australia, its democratic system, beliefs and values, and the responsibilities and privileges of citizenship. The test is computer-based and consists of 20 randomly selected multiple-choice questions in English. As of 15 November 2020, it includes five questions on Australian values, all of which must be answered correctly to pass the test, with a minimum overall mark of 75%. You will have 45 minutes to answer the 20 questions.
The test is based on the official handbook, Australian Citizenship: Our Common Bond. This handbook includes four parts:
- Australia and its people
- Australia’s democratic beliefs, rights and liberties
- Australia's values
- The privileges and responsibilities of Australian citizenship
It is important to note that an Australian permanent resident is not the same as an Australian citizen. A permanent resident can live, work and study in Australia without restriction, but there are some differences in the rights and entitlements compared to citizens.
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Residency benchmarks
Residency requirements in Australia vary depending on whether you are applying for permanent residency or citizenship.
Permanent residency
To apply for permanent residency in Australia, you must meet a number of requirements. You can make an application on humanitarian grounds, as a migrant, or as part of a family unit. A permanent resident can live, work and study in Australia without restriction and enjoys most of the rights and entitlements of a citizen.
Citizenship
There are two main categories of residency requirements for becoming an Australian citizen: General Residence Requirement and Special Residence Requirement.
General Residence Requirement
This is the most common path to citizenship and requires you to demonstrate a consistent presence in Australia. You must be physically present in Australia for a continuous period of four years immediately before applying. During this four-year period, you are allowed to travel outside of Australia for up to a total of 12 months. In the 12 months prior to your citizenship application, you can travel outside of Australia for up to 90 days. You must also hold permanent resident status for the last 12 months before applying.
Special Residence Requirement
If you don't meet the general residence requirements, you can explore the special residence categories of 'Activities Benefiting Australia' or 'Specific Work Requires Frequent Travel'. These categories have stricter criteria and require additional documentation and support. For example, if your profession necessitates regular travel outside of Australia and you have been actively engaged in this type of work for at least two years out of the past four, you must be physically present in Australia for a total of at least 480 days during the four years immediately before applying. You must also be present in Australia for at least 120 days during the last 12 months before applying.
Tax residency
In addition to residency requirements for permanent residency or citizenship, there are also separate rules for tax residency. You may be in Australia on a visa but not meet the criteria for tax residency. The primary test for tax residency is the 'resides test'. If you reside in Australia, you are considered a resident for tax purposes and don't need to apply any other residency tests.
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Visa application process
Whether you are applying for an Australian visa or citizenship, you do not necessarily have to be physically in Australia when applying for residency. The application process differs depending on the visa type and your reasons for visiting Australia.
When applying for an Australian visa, you must meet the general eligibility criteria and submit your application well in advance of your travel date to allow enough time for processing. You can apply for the Electronic Travel Authority visa (subclass 601) through the Australian ETA app. This visa allows you to visit Australia multiple times for up to a year and stay for three months each visit. Alternatively, you can apply for the eVisitor (subclass 651) visa, which is free and allows multiple visits for tourism or business purposes for up to three months at a time within a 12-month period. This visa is available to passport holders from specific European countries and cannot be extended. Another option is the Visitor visa (subclass 600), which also allows visits for tourism or business purposes. If you already have a valid Electronic Travel Authority visa and are in Australia, you can extend your stay by applying for the Visitor visa.
If you are under 30 (or 35 in certain cases) and hold a passport from a participating country, you can apply for the Working Holiday visa, which is valid for one year or up to three years if you meet certain conditions.
For other visa types, you can apply online by creating an ImmiAccount and completing the application process. You may be asked to provide further supporting information, and you will be notified in writing if your tourist visa is approved. It will be digitally linked to your passport.
Citizenship Application Process
To apply for Australian citizenship, you must generally be over 18, have passed a citizenship test (unless you are over 60), and be a permanent resident at the time of application and decision. You must also be likely to reside in Australia or maintain a close and continuing association with the country. Any adult who became a permanent resident on or after 1 July 2007 must have lawfully resided in Australia for four years immediately before applying for citizenship. The citizenship test is designed to help future citizens understand Australia better and ensure they can fully participate in the Australian community, promoting social cohesion and successful integration.
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Frequently asked questions
Yes, you need to be physically present in Australia for a continuous period of four years before applying for permanent residency.
Up to a total of 12 months of travel outside Australia during the four years is allowed. Additionally, a total of 90 days of travel outside Australia is permitted during the 12 months prior to the citizenship application.
If your first arrival in Australia was less than four years before you apply for citizenship, you cannot meet the general residence requirement, even if you spend three years continuously in the country.
You need to hold permanent resident status for the last 12 months before applying for citizenship.
Yes, there are special residence categories for specific situations, such as "Activities Benefiting Australia" or "Specific Work Requires Frequent Travel".
