Citizenship Lawyer Melbourne
Citizenship by Conferral & Descent
Australian citizenship is the last step in the migration journey. You stop being a visa holder and become a citizen: entitled to vote, to hold an Australian passport, and to leave and re-enter Australia without a visa.
Amity Lawyers acts for permanent residents in Melbourne and across Australia on citizenship applications, from the first eligibility assessment through to the ceremony. You deal with an admitted Australian legal practitioner, not a case number.
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Why Citizenship Matters
Why Does Australian Citizenship Matter More Than a Passport?
Citizenship changes your legal status permanently, which is why it carries rights no visa can give you. As an Australian citizen you gain:
- The right to vote in federal, state and local elections
- An Australian passport, ranked among the world’s strongest for visa-free travel
- Consular assistance from Australian missions overseas
- The right to leave and re-enter Australia without a visa
- Access to certain Commonwealth government roles and Australian Defence Force positions
- Protection from visa cancellation and removal, other than in narrow statutory circumstances
- The ability to pass citizenship to children born outside Australia
For a Melbourne permanent resident, the practical difference shows up quickly. A resident visa can be cancelled and a returning resident authority can lapse. Citizenship does neither.
Which Route Fits Your Circumstances
Pathways to Australian Citizenship for Melbourne Residents
There are two main routes to Australian citizenship: conferral, for permanent residents already living here, and descent, for people born overseas to an Australian citizen parent. Which one applies depends on where you were born, your parents’ status at the time, and your visa and residence history.
Citizenship by Conferral
The Standard Pathway for Permanent Residents
If you hold permanent residence, conferral under the Australian Citizenship Act 2007 is the usual pathway. The core requirements are:
- Lawful residence. You must have lived in Australia on a valid visa for the four years immediately before you apply, including at least the last 12 months as a permanent resident.
- Absences. No more than 12 months total absence from Australia across that four year period, and no more than 90 days absence in the 12 months before you apply.
- Character. You must be of good character. The Department examines criminal history, traffic matters, and associations.
- Knowledge of Australia. Applicants aged 18 to 59 must pass the citizenship test.
- English. A basic knowledge of English, assessed through the test itself.
- Connection to Australia. You must intend to live in Australia or maintain a close and continuing association with it.
The residence calculation is where most Melbourne applicants come unstuck. Time on a bridging visa, time held offshore during a visa grant, and periods between visa grants all affect the count in ways the Department’s online calculator does not always make obvious.
Citizenship by Descent
For People Born Overseas to Australian Parents
If you were born outside Australia and at least one parent was an Australian citizen at the moment of your birth, you may be eligible for citizenship by descent under section 16 of the Australian Citizenship Act 2007. This is an application for citizenship, not a visa application, and it is made on Form 118.
Descent is a shorter process than conferral, but it still requires:
- Proof that your parent held Australian citizenship at the date of your birth, usually a citizenship certificate or an Australian passport valid at that time
- Your full birth certificate showing both parents
- Evidence of the parent-child relationship
- A character assessment for applicants aged 18 and over
Timing is decisive. If your parent became an Australian citizen after you were born, citizenship by descent is generally not open to you. Other provisions of the Act may still apply, including the pathway for a person born to a former Australian citizen. That assessment should be done by a lawyer before you lodge, because a refused descent application creates a record you then have to explain.
Other Citizenship Matters
Evidence, Renunciation and Resumption of Australian Citizenship
Beyond conferral and descent, Amity Lawyers also acts on:
Evidence of citizenship application:
For people who already hold Australian citizenship but need a formal certificate for a passport application, employment screening, or proof of status.
Citizenship renunciation:
For dual nationals who wish to give up Australian citizenship, for example to hold public office in another country.
Resumption of citizenship:
For former Australian citizens who lost or renounced citizenship and now wish to resume it.
Citizenship refusal and review:
If your application is refused, merits review of most citizenship decisions lies with the Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal in October 2024. Judicial review of a citizenship decision is generally sought in the Federal Court of Australia. Review deadlines are short and strictly applied, so get advice as soon as the decision record arrives.
The Application Process
How Does the Australian Citizenship Application Process Work?
A citizenship application runs in four stages: eligibility assessment, lodgement, test and interview, then decision and ceremony. Here is what each stage involves and where the risk sits.
Step 1: Eligibility and residence assessment
We check your residence, visa and travel history against the four-year and 90-day rules, and confirm you meet the residence, character and connection requirements before you spend money. If you don't yet qualify, we tell you the earliest date you will.
Step 2: Documents and lodgement
We assemble the evidence: passport bio-pages, birth certificate, identity documents, police clearances from Australia and every country you've lived in, and proof of residence. We then lodge through the citizenship portal in ImmiAccount.
Step 3: Citizenship test and interview
Applicants aged 18 to 59 are invited to sit the test and attend an interview, usually at a Home Affairs office in Melbourne, with the invitation arriving via ImmiAccount or post. We brief you on the format, source material and documents to bring.
Step 4: Decision and ceremony
The Department decides and may request further information along the way. If approved, you're invited to a ceremony run by the council covering your address, and you become a citizen when you make the pledge, not on the date of approval.
The citizenship test
What Should You Expect in the Australian Citizenship Test?
The Australian citizenship test is a computer based, multiple choice test of 20 questions drawn from the official resource Australian Citizenship: Our Common Bond. You must answer at least 15 of the 20 correctly, and you must answer all five Australian values questions correctly. Getting 15 right overall is not enough if a values question is wrong.
The test covers:
- Australia’s history, from First Nations peoples through to modern Australia
- Democratic beliefs, rights and liberties, and the rule of law
- The Australian Constitution and system of government
- The responsibilities and privileges of citizenship
- National symbols and significant dates
The test is delivered in English only. Applicants aged under 18 or 60 and over are exempt, as are applicants with a permanent physical or mental incapacity that prevents them from understanding the nature of the application.
Processing times
Australian Citizenship Processing Times: Current Departmental Data
Processing times vary by application type. The figures below are drawn from the Department of Home Affairs quarterly update and should be read as a guide, not a guarantee.
| Application Type | 50% processed in | 90% processed in |
|---|---|---|
| Citizenship by conferral (standard) | 9 months | 14 months |
| Citizenship by descent | 6 months | 12 months |
| Evidence of citizenship | 3 months | 8 months |
| Citizenship renunciation | 4 months | 10 months |
Fixed-fee pricing
How Much Do Citizenship Application Legal Fees Cost?
Amity Lawyers charges fixed legal fees for citizenship matters, so you know the cost before we start and receive no surprise invoices. Government application charges are separate and payable to the Department of Home Affairs.
Citizenship by Conferral Package
- Eligibility assessment and residence calculation
- Document checklist and review
- Application preparation and online lodgement
- Citizenship test guidance
Citizenship by Descent Package
- Parent citizenship verification
- Document gathering and evidence strategy
- Application lodgement
- Certificate management after approval
Other Citizenship Matters
- Evidence of citizenship
- Renunciation and resumption advice
- Refusal review assistance
Why Citizenship Applications Get Refused and How a Lawyer Prevents It
Why applications get refused?
Most citizenship applications succeed, but a meaningful number do not. In 2024-25 the Department of Home Affairs received 214,356 new citizenship applications and approved 165,338 conferrals, at an approval rate of approximately 92 percent, with roughly 8,400 applications refused. The refusals cluster around four issues.
- Residence requirement not met. Applicants miscount their days in Australia or misunderstand which visa periods count. Time on a bridging visa may not count. Time on a student visa while a permanent residence application was pending counts differently again. A single miscounted week is enough to refuse.
- Character. The citizenship character test is not the visa character test. Minor offences that never affected your visa can still raise questions at the citizenship stage. Undisclosed matters, spent convictions and accumulated traffic offences all need careful handling and honest disclosure.
- Incomplete or incorrect documents. Missing passport pages, expired identity documents, and absent police clearances from countries where you have lived are among the most common technical failures.
- Test failure. The test can be resat, but repeated failures extend processing and invite closer scrutiny of the English requirement.
A lawyer works through all four before you lodge. Correcting a problem in advance is faster and cheaper than a refusal, a lost application fee, and a review.
Client Reviews
Real Clients. Real Results.
We measure success by the outcomes we achieve for the people who trust us with their migration journey. Here is what real clients say:
Citizenship Lawyer Serving Melbourne and Greater Victoria
Our office sits in the Melbourne CBD legal precinct, a short walk from Southern Cross Station and the Bourke Street tram lines. We act for clients across Melbourne and greater Victoria, including Docklands, Southbank, Carlton, Footscray, Box Hill, Glen Waverley, Dandenong, Craigieburn, Point Cook and Werribee, and for regional Victorian clients in Geelong, Ballarat and Bendigo.
Citizenship applications are lodged online and assessed nationally, so we also act for clients in other states. For clients who prefer to meet in person, the Melbourne CBD office is central and accessible by tram, train and bus.
Our People
The Melbourne Lawyers Acting on Your Citizenship Matter
Every practitioner at Amity Lawyers is an admitted Australian legal practitioner holding a current Victorian practising certificate issued by the Victorian Legal Services Board and Commissioner, with an Australian Legal Practitioner Number you can verify on the public register, and each carries professional indemnity insurance.
You deal with the same lawyer from your first consultation through to the grant. No file handovers, no paralegal drafting your submission, no case number.
NAVID K.BAGHI
DIRECTOR & PRINCIPAL SOLICITOR
JENNIFER ORTEGA CAMARGO
PRACTICE MANAGER
JENNIFER ORTEGA CAMARGO
PRACTICE MANAGER
NATHALIA BONILLA
LEGAL ASSISTANT
NATHALIA BONILLA
LEGAL ASSISTANT
Download Our Citizenship Application Checklist
A practical guide to the documents and evidence a citizenship application needs: the residence calculation worksheet, the document checklist tables, the police clearance requirements by country, and realistic timeline expectations.
Frequently Asked Questions
Citizenship Lawyer Melbourne
Answers to the questions we hear most often. For detailed guidance on your specific visa type, visit the relevant service page or contact our team directly.
How long do I need to live in Australia before I can apply for citizenship?
You need four years of lawful residence in Australia immediately before applying, including at least the last 12 months as a permanent resident. You must not have been absent from Australia for more than 12 months in total across those four years, and no more than 90 days in the 12 months before you apply.
Can I apply for citizenship if I have a criminal record?
It depends on the nature, seriousness and timing of the offence, and on how long ago it occurred. The citizenship character test is stricter than the visa character test, and even spent convictions may need to be disclosed. Get a character assessment from a lawyer before lodging rather than after a refusal.
What happens if my citizenship application is refused?
You may apply for merits review at the Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal in October 2024, and in some cases seek judicial review in the Federal Court of Australia. You may also reapply once the reason for refusal has been addressed. The application fee is not refunded on refusal.
Do I need a lawyer for a straightforward citizenship application?
Not always. An application with a clean residence history, no character issues and strong English can be lodged without help. The risk is that simple applications still get refused on technical grounds, most often a miscounted residence period or a missing document. A legal review before lodgement is a small cost against a lost fee and a nine month delay.
Can I apply for citizenship if I am a dual national?
Yes. Australia permits dual citizenship, and you do not need to renounce your existing citizenship to become an Australian citizen. Check with your own country’s embassy first, because some countries do not allow their nationals to hold a second citizenship.
Can my children become Australian citizens with me?
Children under 16 who are permanent residents can be included in your citizenship by conferral application and do not need to meet the residence requirement separately. Children born overseas to an Australian citizen parent may instead be eligible for citizenship by descent.
Resources
Australian Latest News & Insights
Born Overseas to an Australian Parent? The Citizenship by Descent Rulebook Most People Get Wrong
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Your Visa Was Refused Without a Hearing: What the New ART On the Papers Review Means for You
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Ready to Apply for Australian Citizenship?
Permanent residence was the bridge. Citizenship is the destination. Book a free, no obligation consultation with a Melbourne citizenship lawyer to discuss your eligibility, your residence calculation and the application process.
Amity Lawyers · Level 24, 570 Bourke Street, Melbourne VIC 3000 · 03 8658 5959
Last updated: July 2026
Citizenship application requirements, processing times, and fees change periodically. This page is reviewed and updated quarterly. For the most current advice, speak directly with an Amity Lawyers immigration lawyer.