Does Getting Married to an Australian Mean You Are Automatically an Australian Citizen?
Many people believe that marrying an Australian citizen will automatically grant them Australian citizenship. However, this is not the case. The process of obtaining citizenship in Australia is detailed and requires meeting specific legal requirements. In this article below, we will explore the process and requirements for gaining Australian citizenship by marriage and clarify misconceptions.
Understanding Australian Citizenship by Marriage
The Australian Citizenship Act 2007 outlines the process for becoming an Australian citizen. It also specifies the conditions under which you might lose your citizenship and covers various other aspects related to citizenship.
Marrying an Australian citizen does not automatically confer Australian citizenship on the foreign spouse. Instead, the foreign spouse must apply for and be granted a visa that allows them to live in Australia, and eventually apply for citizenship. This process involves several steps, including meeting residency requirements, passing a citizenship test, and demonstrating good character.
Partner Visa: The First Step
The first step towards Australian citizenship by marriage is obtaining a partner visa. This visa allows the foreign spouse to live in Australia with their Australian partner. There are two types of partner visas:
- Temporary Partner Visa (Subclass 820): This visa allows the foreign spouse to live in Australia temporarily while their permanent partner visa application is processed. The temporary visa is usually the initial stage and grants the applicant the right to live, work, and study in Australia. It also provides access to Medicare, Australia's public health care system. Applicants must provide evidence of a genuine and continuing relationship with their Australian partner.
- Permanent Partner Visa (Subclass 801): This visa allows the foreign spouse to live in Australia permanently. It is typically granted two years after the temporary visa, provided the relationship is still ongoing.
To apply for a partner visa, the applicant must meet several criteria, including proving that their relationship is genuine and continuing, providing evidence of cohabitation, and passing health and character checks.
Residency Requirements for Citizenship
Once the foreign spouse has obtained a permanent partner visa, they can begin the process of applying for Australian citizenship. One of the key requirements for citizenship is meeting the residency criteria. According to the Australian Citizenship Act 2007, the applicant must:
- Have been living in Australia on a valid visa for the past four years.
- Have been a permanent resident for at least the last 12 months.
- Have not been absent from Australia for more than 12 months in total during the four years, and no more than 90 days in the 12 months before applying.
Citizenship Test and Interview
Another crucial step in the citizenship application process is passing the Australian citizenship test. This test assesses the applicant's knowledge of Australia, its values, history, and government, as well as the responsibilities and privileges of being an Australian citizen. The test is in English and consists of multiple-choice questions. The Department of Home Affairs website hosts resources for preparing for the test, including a booklet titled "Australian Citizenship: Our Common Bond," which contains all the essential information needed to help you pass the citizenship test, as well as a practice test.
Additionally, applicants may be required to attend an interview with the Department of Home Affairs to further assess their eligibility for citizenship.
Good Character Requirement
As set out in section 501 of the Migration Act 1958, anyone who applies for Australian citizenship must demonstrate good character. This involves providing police certificates from countries where the applicant has lived for more than 12 months in the past 10 years and satisfying the Department of Home Affairs that they have obeyed the law and will continue to do so.
For more detailed information on the legislation governing Australian citizenship, you can refer to the Federal Register of Legislation and the Department of Home Affairs websites.
Does Getting Married to an Australian Mean You Are Automatically an Australian Citizen?
In summary, getting married to an Australian citizen does not automatically grant Australian citizenship. The foreign spouse must go through a detailed process involving obtaining a partner visa, meeting residency requirements, passing a citizenship test, and demonstrating good character. Each step is governed by strict criteria to ensure that only eligible applicants are granted citizenship.
At Pullos Lawyers, we specialise in family law and can assist you with various legal matters, including spousal maintenance, child support, and international family law issues. For expert legal guidance, contact us in Brisbane on 3144 1641, the Gold Coast on 5526 3655 or via the contact form.