Can My Partner Get Australian Citizenship?

The path to Australian citizenship for your partner can be both exciting and complex, but the rewards are significant. By the end of this guide, you’ll understand the key requirements, timelines, and challenges of this process. Whether you're already living in Australia or planning to move, this article will cover everything you need to know to make informed decisions and successfully navigate the journey toward your partner’s Australian citizenship.

Start with Permanent Residency

Achieving citizenship is the final step of a longer process that begins with securing permanent residency (PR). For most partners of Australian citizens or permanent residents, PR is the primary prerequisite. There are multiple pathways to obtaining PR, with the most common being the Partner Visa (Subclass 820/801 and Subclass 309/100).

• Partner Visa Subclass 820/801: This is for those applying onshore, i.e., already in Australia. The visa comes in two stages: a temporary visa (Subclass 820) and a permanent visa (Subclass 801). Generally, you apply for both at the same time, and the transition to permanent residency occurs after a period, typically two years.

• Partner Visa Subclass 309/100: This is the offshore equivalent, for those applying while living outside of Australia. Like its onshore counterpart, this visa has two parts: temporary (Subclass 309) and permanent (Subclass 100).

The processing times for these visas can vary, but on average it takes about two years from application to being granted PR. The key requirements for these visas include proving the genuine and continuing nature of your relationship. Evidence such as joint bank accounts, travel history, and affidavits from friends and family are crucial for a successful application.

How Long Until Citizenship?

Once your partner has permanent residency, they can apply for Australian citizenship. However, there are specific residency requirements that must be met. Your partner must live in Australia for at least four years before applying for citizenship, including a minimum of 12 months as a permanent resident. Importantly, they cannot have been absent from Australia for more than 12 months in total during these four years, and no more than 90 days in the 12 months leading up to the application.

In some cases, these residency requirements can be reduced if your partner has significant ties to Australia, such as children, business interests, or if they've been living in Australia for work with a government organization. However, these cases are exceptions rather than the rule.

The Citizenship Test

Passing the Australian citizenship test is mandatory for most applicants. This test covers topics such as Australian values, history, and responsibilities of citizenship. Studying for this test is crucial, as a failure will delay the application process. There are plenty of free resources and practice tests available online to help prepare.

The test comprises 20 multiple-choice questions, and applicants must score at least 75%. In addition to passing the test, applicants will need to demonstrate functional English skills. If your partner comes from a non-English-speaking background, proving their English proficiency could involve submitting evidence of previous education, work experience, or passing an English language test.

The Application Process

Once your partner has met all the requirements, applying for citizenship is straightforward but requires careful attention to detail. The application is submitted online through the Department of Home Affairs website. It will include:

1. Proof of identity and residency (passports, visas, etc.)
2. Evidence of your relationship and your partner’s permanent residency
3. Completed citizenship test results, if applicable
4. Payment of the application fee (currently AUD $490 for most applicants)

The processing time for citizenship applications can take up to 15 months, depending on the complexity of the case. If all goes well, your partner will be invited to a citizenship ceremony, which marks the final step in becoming an Australian citizen.

What if the Application is Denied?

In rare cases, citizenship applications may be denied. This could be due to failing the citizenship test, not meeting the residency requirements, or concerns about the validity of the relationship. If your partner’s application is denied, you will receive a letter explaining the reasons and whether the decision can be appealed. If there is an option to appeal, the letter will include instructions on how to submit an appeal through the Administrative Appeals Tribunal (AAT).

If an appeal is not possible or is unsuccessful, your partner can reapply after addressing the issues that led to the denial. This might involve meeting the residency requirement, improving English language skills, or providing additional evidence of your relationship.

Frequently Asked Questions

• Can my partner work in Australia while waiting for citizenship?
  Yes. Once your partner has PR through a Partner Visa, they can live, work, and study in Australia without restrictions.

• Does my partner have to renounce their current citizenship?
  No. Australia allows dual citizenship, so your partner can retain their existing citizenship while becoming an Australian citizen, provided their home country also permits dual citizenship.

• What happens if our relationship ends during the citizenship process?
  If your relationship ends after your partner has gained PR, they can still apply for citizenship as long as they meet the residency and other requirements. However, if the relationship ends before PR is granted, your partner's visa could be canceled, and they may need to explore other visa options to stay in Australia.

• Can my partner’s family join us in Australia?
  Once your partner becomes an Australian citizen, they can sponsor their immediate family members for PR through the Family Migration Program. This includes parents, children, and dependent relatives.

Final Thoughts

Gaining Australian citizenship is a lengthy but rewarding journey. From obtaining a Partner Visa to passing the citizenship test, the process is full of steps that require careful planning and preparation. But the payoff—securing the rights and privileges of Australian citizenship for your partner—is well worth the effort.

Keep in mind that while this guide provides an overview of the process, every case is unique. Consulting an immigration lawyer or migration agent may be beneficial to ensure that you and your partner meet all the necessary requirements and avoid common pitfalls.