When Can I Apply for Australian Citizenship After a Partner Visa?

Does time on a temporary partner visa count towards citizenship?

Time on a temporary partner visa counts towards citizenship as lawful residence, because the four-year residence period is not limited to time as a permanent resident. Time spent in Australia on a Subclass 820, and on a bridging visa while the partner visa was processed, usually counts too. Only the final 12 months must be spent as a permanent resident. Our article on the partner visa citizenship pathway explains how the periods fit together.

How do time overseas and absences affect the citizenship date?

Time overseas affects the citizenship date because absences from Australia must total no more than one year across the four years, and no more than 90 days in the year immediately before applying. A long trip can therefore push the earliest application date back. Limited discretions exist for some partners of Australian citizens who spent time overseas, but they depend on the facts. Our article on partner visa overseas travel explains how travel during processing affects later plans.

Do I need to wait for the Subclass 801 before I can count my 12 months?

A partner visa holder needs the Subclass 801, or the Subclass 100 for offshore applicants, before the 12 months as a permanent resident can begin. Because the permanent stage is generally assessed two years after lodgement, many applicants in Australia already have more than three years of lawful residence by the time the permanent visa is granted. Our article on Subclass 820 versus 801 explains the timing of the permanent stage.

What other requirements apply to Australian citizenship?

Other requirements for Australian citizenship include good character, an intention to live in or keep a close connection with Australia, and, for most adult applicants, passing the citizenship test. Citizenship is a separate application to the Department and is not granted automatically with permanent residence. Our article on partner visa character requirements explains how character is assessed for the visa, which is a separate test from citizenship.

Does the partner relationship need to continue after the permanent visa?

The partner relationship does not need to continue after the permanent visa is granted for the holder to apply for citizenship, because the permanent visa is not conditional on the relationship. The permanent visa can still be cancelled in limited circumstances, such as where it was obtained through false information. Our article on partner visa false information refusal explains why the integrity of the original application continues to matter.

What if I have not yet been granted the permanent partner visa?

An applicant who has not yet been granted the permanent partner visa cannot apply for citizenship, so the first task is the permanent stage. Applicants should keep their relationship evidence current and answer every request promptly. Our page on the Subclass 820 visa explains the path to the permanent stage, and our article on the permanent partner visa explains what permanent residence provides.

How does My Migration Lawyers help partner visa holders plan for citizenship?

My Migration Lawyers helps partner visa holders plan for citizenship by mapping their visa grants and travel against the residence requirement, so they know the earliest date they can apply and which trips could delay it. The firm completes the permanent partner stage first and then advises on the citizenship application where needed. Partner visa holders can ask our partner visa lawyers about their timeline.