Variation to the residence requirement

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Under some circumstances you may be eligible to apply for a variation to the residence requirement or be eligible under the special residence requirement.

You will need to provide relevant supporting documents related to your claims at the time you lodge your application.

Exclusions

A period of confinement in a prison or psychiatric institution by order of a court because of an offence against Australian law, will not be counted as part of your lawful residence except in some limited circumstances, see Ministerial discretions below.

Exemptions

There are cases where you may be exempt from the residence requirement.

You are exempt from the residence requirement if you:

  • have served 90 days in the permanent forces of the Commonwealth of Australia, or
  • have served 6 months (130 full attendance days) in the navy, army or air force reserve of the Commonwealth of Australia, or
  • were discharged from defence service as medically unfit for service as a result of that service.

Ministerial discretions

The Minister has discretionary powers to vary the residence requirement in the following circumstances, if you will be in Australia at the time your application is decided. If you will be overseas during this period, only discretions 5 and 6 apply.

  1. If you were in Australia unlawfully as the result of an administrative error, then that period of time may be treated as lawful residence.
  2. If you were in Australia lawfully but not as a permanent resident as the result of an administrative error, then that period of time may be treated as a period of permanent residence.
  3. If you were in Australia lawfully, but not as a permanent resident, then that period of time may be treated as a period of permanent residence if you would otherwise 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. If you have spent time outside Australia as a permanent resident with your spouse or partner, or are the surviving spouse or partner of an Australian citizen and have a close and continuing association with Australia, then that period of time may be treated as time spent in Australia.
  6. If you spent time outside Australia and are a permanent resident in an interdependent relationship with an Australian citizen and you have had a close and continuing association with Australia, then that period of time may be treated as time spent in Australia.

Special residence requirement

To be eligible for the special residence requirement, you will need to provide additional documents with your application. Your application may be lodged and decided while you are overseas.

  • If you are seeking to engage in activities that are supported by particular organisations, such as the Australian Olympic and Paralympics committees, Tennis Australia or a federal government agency, the following special residence requirement may apply to you.
    Requirement: You must have been living in Australia as a permanent resident for a total of 6 months (180 days) during the 2 years before you apply, with at least 3 months (90 days) of that time in the year immediately before your application.

  • If you have been engaged in work as a ship or aircraft crew member, or work on a resources or sea installation, for a total of 2 in the past 4 years, that required you to travel outside Australia, the following special residence requirement may apply to you.
    Requirement: You must have held a valid Australian visa for 4 years, immediately before applying, including one year as a permanent resident immediately before applying.

    You must also have been living in Australia for a total of 16 months (480 days) during the 4 years before you apply, with at least 4 months (120 days) of that time in the year immediately before your application.

You cannot claim a special residence requirement in conjunction with Ministerial Discretions 3, 5 or 6. The special residence requirements only applies to you and not your spouse or any other person included in your application for Australian citizenship.