Amendments to subsections 21(2), 21(3) and 21(4) of the Australian Citizenship Act 2007
7 October 2008 Legislation Change
Client summary
The Migration Legislation Amendment Act (No.1) 2008 (the Amending Act) amends the Australian Citizenship Act 2007. The Amending Act received Royal Assent on 15 September 2008. Items 3, 4, 5 and 14 of Schedule 5 will commence by proclamation on 7 October 2008.
The Australian Citizenship Act 2007 is amended by the Amending Act to provide that to be eligible for citizenship under subsections 21(2), 21(3) and 21(4), a person must be a permanent resident at the time of the application and at the time of the Minister’s decision on their application. These subsections have also been amended by the Amending Act to eliminate uncertainty regarding the time at which certain criteria must be satisfied.
Affected legislation
The following provisions of the Australian Citizenship Act 2007 are amended:
- Paragraphs 21(2)(b) and (c)
- Paragraphs 21(3)(b) to (d)
- Paragraphs 21(4)(b) to (d)
Additional information:
New paragraphs 21(2)(b), 21(3)(b) and 21(4)(b) provide that to be eligible for citizenship, a person must be a permanent resident at the time of their application and also at the time of the Minister’s decision on the application.
New paragraph 21(2)(c) makes it clear that the time at which the Minister must be satisfied that a person meets the residence requirement, or has completed relevant defence service, is at the time of application.
New paragraphs 21(3)(c) and (d) make it clear that the time at which the Minister must be satisfied that a person meets the residence requirement, or has completed relevant defence service, and has a permanent physical or mental incapacity that means the person is not capable of understanding the nature of the application, is at the time of application.
New paragraphs 21(4)(c) and (d) also make it clear that the time at which the Minister must be satisfied that a person understands the nature of the application and meets the residence requirement, or has completed relevant defence service, is at the time of application.
Transitional provisions:
The amendments apply in relation to applications made on or after 7 October 2008.
Forms:
The following forms will be affected:
- Form 1290 – Application for Australian citizenship by conferral – Other situations (235KB PDF file)
- Form 1299i – How to apply for Australian citizenship by conferral (88KB PDF file)
- Form 1300T – Application for Australian citizenship by conferral – General eligibility (220KB PDF file)
It is envisaged that the changes to these forms will come into effect in April 2009.
Instructions: Chapter 5 of the Australian Citizenship Instructions has been amended to reflect these changes.