To satisfy the general residency requirement, you must:

• Lawfully lived in Australia on valid Australian visas for four years immediately before applying; and
• During these four years, you must not have been absent from Australia for more than 1 year in total; and
• Must have been a permanent resident for the 12 months immediately before making an application; and
• During these 12 months as a permanent resident, you must not have been absent from Australia for more than 90 days in total

You can use the Department’s online calculation to determine if you satisfy the residency requirement.

Exemptions to residence requirement

The Minister/Minister’s team has the discretionary power to allow for exemptions to the General residence requirement, if you will be in Australia at the time your application is decided. If you are outside of Australia at the time your application is decided, then your application can only be approved if the discretionary power is applied in your favour under items 5 or 6 below:

1. If you had any unlawfully period in Australia (i.e. you did not hold any visa) as the result of a government administrative error, then that period of time may be treated as lawful time and residence in Australia.
2. If you were in Australia lawfully, but not as a permanent residency visa holder, as the result of a government administrative error, then that period of time may be treated as time in Australia as a permanent resident.
3. If you were in Australia lawfully, but not as a permanent residency visa holder, then that period of time may be treated as time in Australia as a permanent resident if you demonstrate that you would suffer significant hardship or disadvantage.
4. If you were in prison or a psychiatric institution, then that period of time may be counted towards the residence requirement if it would be unreasonable not to do so, taking into account the circumstances that led to your confinement.
5. While you are lived outside of Australia as a permanent residency visa holder, you have lived with your Australian citizen spouse or partner, or you are the surviving spouse or partner of an Australian citizen. You also need to demonstrate that you have a close and continuing association with Australia during this period that you have lived outside of Australia (generally speaking, you demonstrating close and continuing association with Australia will require you to demonstrate ties and associations with Australia that are beyond just your relationship with your Australian citizen spouse or partner)
6. While you are lived outside of Australia as a permanent residency visa holder, you have lived with your Australian citizen partner in an interdependent relationship. You also need to demonstrate that you have a close and continuing association with Australia during this period that you have lived outside of Australia (generally speaking, you demonstrating close and continuing association with Australia will require you to demonstrate ties and associations with Australia that are beyond just your relationship with your Australian citizen interdependent partner)

There are also other exemptions to the General residence requirement available, under the Special residence requirement:

• You engage in activities that are supported by particular organisations, such as the Australian Olympic and Paralympics committees, Tennis Australia, Cricket Australia etc.
• You are engaged in particular kinds of work and can provide evidence from an employer that shows you have worked in that occupation for at least a total of two out of the past four years and you were required to travel outside Australia for that work. Examples of such exempted and eligible occupations include a member of the crew of a ship or aircraft, a worker on a resources installation or a sea installation, a Chief Executive Officer or Executive Manager of an S&P/ASX All Australian 200 listed company

You cannot claim a special residence requirement in conjunction with exemption claims under Ministerial Discretion 3, 5 or 6. The special residence requirement only applies to primary citizenship applicant in this situation, and extend to exemption your spouse or any other person included in your application for Australian citizenship.

The Australian Courts and Tribunals have established several important principles in relation to assessing whether the applicant can satisfy the requirements for citizenship under the Minister’s discretionary powers:

• You would need to personally and individually have close and continuing association with Australia, and connections with Australian community, that is beyond your relationship with your partner.
• The focus of assessment is on the applicant’s close and continuing association with Australia, connections with Australian community, understanding and connection with Australian culture and way of life.
• The considerations do not take into consideration why you and your partner need to be outside of Australia, as the legal consideration is close and continuing association with Australia, not why you are outside of Australia. This is the case even if your reasons for being away of Australia are outside of your control and/or compelling.
• Living overseas with your Australian partner due to work commitments of your Australian partner may not be sufficient if this is your only tie and connection with Australia, even if you have a long term relationship that you can demonstrate: Atkins and Minister for Immigration and Border Protection (Citizenship) [2017] AATA 1438 (8 September 2017)
• The considerations do not take into consideration your Australian partner’s ties, connections and benefits to Australia, even if these benefits are significant: Nguyen and Minister for Immigration and Border Protection [2014] AATA 945 (19 December 2014)

Children under 16 years of age

Children under 16 years of age do not need to meet the residence requirements but must be permanent residents.