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Citizenship Vs Permanent Residency

Immigration Lawyer Sydney

Many people try to become Australian Citizens, preferring this to Permanent Residency. We will explain the advantages.

Advantages of Citizenship:

You can stay in the country indefinitely, or travel in and out of the country as you see fit. A permanent resident can stay indefinitely in the country but needs to apply for a resident return Visa every five years for travel.

Citizens have a faster means of passing through airports when returning to Australia. Residents need to queue at airport immigration.

Australian Citizens get a high level of consular support if there is an incident while they travel overseas.

Some jobs, notably in the military, federal police, government, or department of foreign affairs, require citizenship.

Citizens can vote.

Citizens can get visa-free travel to most (not all) countries.

Australian Citizens get education benefits such as reduced fees and student loans.

Citizens will never be deported. Permanent residents might be deported under some circumstances.

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Immigration Lawyer Sydney Who can become an Australian Citizen:

Children born in Australia to a citizen or permanent resident automatically become Australian Citizen.

Children born overseas to an Australian citizen can register for Citizenship. This is regarded as equivalent to a child born in Australia.

Anybody who has been living in Australia as a permanent resident for four years or more can apply for citizenship.

Anybody married to an Australian Citizen or permanent resident can apply for citizenship, though they may need a Partner Visa first. The process may take several years.

Applicants for citizenship will need to:

  • Be a permanent resident first
  • Pass a citizenship test
  • Meet good character requirements.
  • Not be absent from the country for more than a year.
  • May require an IELTS English test.

Immigration Lawyer Sydney

Immigration laws and citizenship laws are complex and often change. Immigration Lawyers offer the best chance for legal immigration and citizenship.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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What To Look For In An Immigration Lawyer

Immigration Lawyers Sydney

A qualified immigration lawyer gives you the best chance of legal immigration into Australia. The laws and requirements for immigration and Australian Citizenship are complex and constantly changing. It is unrealistic to think that an unqualified individual can understand all these details or find the right legal path for immigration.

Many Immigration lawyers are in this line of legal work because they have a genuine concern for the individuals who want to move to Australia. They could potentially make more money in other areas of law, but they choose immigration because of personal interest, or because they see that it is important.

Immigration deals with a lot of bureaucracy, which is all the more complex in this time of Covid-19. Delays and frustrations are inevitable.

Qualified Immigration Lawyers Sydney

What to look for in an immigration Lawyer:

  • Avoid so-called lawyers who approach you in immigration offices or who try to solicit business. These are often unqualified or inexperienced individuals who cannot do a reliable job. Most qualified lawyers already have more work than they can deal with, and do not seek out more customers.
  • Use a real lawyer, not a ‘Petition Preparer’ or a ‘Visa Consultant’. Only a qualified lawyer can provide reliable service.
  • Never follow unethical or illegal advice. This almost always backfires and will disqualify you from further applications. You may be barred from further applications for 10 years if you lie on an official immigration form.
  • Do not believe in unrealistic promises about high success rates or quick results. Immigration can be difficult, and waiting periods of 18 months or more are common. Any decent lawyer will advise you of this.

Immigration Lawyers Sydney

Legal immigration to Australia has several paths, but all are complex and involve delays. Have the matter dealt with by a professional Immigration lawyer.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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On Becoming An Australian Citizen

There are different paths to becoming an Australian Citizen.

The number of applicants for citizenship had increased around 2011, but it decreased again around 2018. The reasons for these changes is not certain, but the proposed increase in English ability to university level (which was never approved) and the additional security checks were probably contributing factors. The fact that permanent residents are granted most of the benefits of citizenship is also a factor. Many individuals are quite happy to be permanent residents in Australia.

Who can become Australian Citizen?

Foreign individuals can become citizens by three main paths.

Permanent resident or New Zealand Resident.

– A person aged 59 or younger can apply for citizenship if they have been a permanent resident for several years, or are presently a citizen of New Zealand.
– The individual must be in Australia when the application is decided.
– The individual must intent to stay in Australia, or maintain a connection to the country when overseas.
– The individual must have no serious criminal record.
– The individual must pass a language (IELTS) test
– The individual must past a citizenship test.
– A child aged 15 years or under who is also a permanent resident or New Zealand citizen may be included with a parent application for free.
– There is a fee of AUD285. This may be reduced in some exceptional cases.

Applicants aged 60 or over.

– A person aged 60 or over can apply for citizenship if they have been a permanent resident for several years, or are presently a citizen of New Zealand.
– The individual must be in Australia when the application is decided.
– The individual must intent to stay in Australia, or maintain a connection to the country when overseas.
– The individual must have no serious criminal record.
– A child aged 15 years or under who is also a permanent resident or New Zealand citizen may be included with a parent application for free.
– There is usually a fee of AUD180. Some concession holders may pay just AUD 20.

There is no citizenship test for individuals 60 or over.

Child of an Australian Citizen.

Individuals born outside of Australia to a Parent who was an Australian citizen at the time of birth. They must fulfil basic character requirement and have no serious criminal record.

There is a fee of AUD230, with each additional sibling costing AUD95, providing all apply at the same time.

Additionally, for a Child 15 years or younger.

Either living with an Australian citizen parent or be a resident with a parent who is a permanent resident.

This has a fee of AUD180.

It may take about 18 months, after application, for approval for citizenship. Children of Australian Citizen usually have a much shorter processing time, perhaps 9 months.

In many cases the child should apply with a parent who also wishes to become a citizen.

Consult with Immigration Lawyers Sydney

Immigration and citizenship laws are complex. An Immigration Lawyer Sydney can find the best path for staying in the country.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.