Changes Australian Citizenship JUly 1, 2007 Updated On 6/3/2007 8:21:56 AM Questions and Answers on the New Residence Requirements On this page • What are the new residence requirements for Australian citizenship? • When will the new residence requirements come into effect? • Will they affect current permanent residents? • What are the current residence requirements? • What effect will the new residence requirements have on people who apply before the legislation commences? • Will travel overseas affect eligibility under the new requirements? • What effect will the new residence requirements have on temporary residents? • Why is the Government changing the residence requirements? • Are the new residence requirements similar to those in other countries? What are the new residence requirements for Australian citizenship? The new residence requirements for Australian citizenship will mean that applicants will need: • four (4) years lawful residence in Australia immediately prior to making an application for Australian citizenship with at least 12 months as a permanent resident, and • absences from Australia of no more than 12 months in total in the four (4) years prior to application, and no more than three (3) months in the 12 month permanent residency period prior to application. When will the new residence requirements come into effect? On 1 March 2007, the Australian Citizenship Bill 2006 was passed by the Australian Parliament. The new legislation is likely to commence on 1 July 2007. Will they affect current permanent residents? The new residence requirements will only apply to people who become permanent residents on or after commencement of the legislation. People who are permanent residents before the commencement of the new legislation will only need to meet the current residence requirements (presence in Australia as a permanent resident for periods amounting to two (2) years in the last five (5) years including one (1) year in the last two (2) immediately prior to making the application) provided they applied within three (3) years from the day the legislation commences. What are the current residence requirements? At the moment, the Australian Citizenship Act 1948 provides, that for applicants to be eligible for Australian citizenship, they need to have spent a minimum of two (2) years permanent residence in Australia in the last five (5) years, including at least 12 months in the last two (2) years. What effect will the new residence requirements have on people who apply before the legislation commences? Permanent residents who apply for Australian citizenship before the legislation commences will need to meet the current residence requirements. Will travel overseas affect eligibility under the new requirements? Absences of up to 12 months during that four (4) year period will be allowed, with no more than three (3) months in the year before making the application. What effect will the new residence requirements have on temporary residents? The new changes recognize time spent in Australia as temporary residents prior to the acquisition of permanent residence. Up to three (3) years of temporary residence will count towards the four (4) year residence requirement for citizenship. In other words, people who become permanent residents after the changes commence and have been living in Australia on temporary visas immediately before becoming a permanent resident will be able to have up to three (3) years of the time spent as holders of temporary visas counted towards the four (4) year residence requirement. They will need to have a minimum of one (1) year as a permanent resident. Why is the Government changing the residence requirements? Australian citizenship is a privilege not a right. The former Parliamentary Secretary to the Minister for Immigration and Multicultural Affairs, the Hon Andrew Robb AO MP, stated that the Government is focused on ensuring that citizenship applicants have spent a reasonable period of time living in Australia so that they are familiar with the Australian way of life, and appreciate the commitment that they are required to make to become citizens. The new requirements also recognize the changes in the migration programme over the years which have resulted in an increasing number of people spending significant periods of time in Australia as temporary residents prior to becoming permanent residents. Are the new residence requirements similar to those in other countries? Yes. The United Kingdom requires five (5) years lawful residence with no more than 450 days absence during that time. The United States requires five (5) years permanent residence with absences of up to six (6) months each year. Canada requires three (3) years of permanent residence

Changes September 1, 2007 Updated On 6/3/2007 8:19:21 AM Changes to the General Skilled Migration Programme Changes to the General Skilled Migration programme (GSM) will be introduced on 1 September 2007. People who have made an application for a skilled visa on or before 31 August 2007 will not be affected by the changes. Changes will include: • increasing the English language threshold for GSM visa applicants • rewarding GSM visa applicants who have very good English language proficiency • greater emphasis on skilled work experience • introduction of a new temporary work visa for graduates • simplifying the GSM visa structure. The threshold level of English language proficiency will be raised from an International English Language Testing System (IELTS) score of 5 (vocational) to 6 (competent) on all four components. However, applicants applying for trade occupations will be required to meet the current threshold of an IELTS score of 5. Under the points test system, bonus points will be given to applicants who achieve English language scores above the threshold level and additional points will be allocated for skilled work experience in Australia. Note: Migration Occupation in Demand List (MODL) points will only be awarded to applicants with at least 12 months experience in their nominated occupation or one that is closely related. To ensure skilled migrants have the skills Australian employers need, there will be tighter requirements on links between study, work experience and nominated occupation. International students who are unable to meet the new requirements for a permanent skilled visa will have an opportunity to apply for an 18 month Skilled-Graduate (subclass 485) to build on their skills and work experience. This visa will have unrestricted work rights. The changes aim to ensure that overseas students who decide to stay on in Australia after completing their studies have a much better chance of competing for jobs in their chosen vocation. There are currently 15 GSM visa subclasses available to people onshore and offshore, who are wishing to apply to migrate to Australia. Under the new visa structure, this will be reduced to nine visa subclasses - four offshore and five onshore. This new structure enables applicants to more easily identify the visa subclass best suited to their circumstances.