Update (October 2026)
The general residence requirement below still applies. The COVID-19 section later in this article is historical, and the Distinguished Talent and Global Talent visas mentioned have been replaced by the National Innovation visa. The table summarises the two residence tests.
| General residence requirement | Special residence requirement (s22A and s22B) | |
|---|---|---|
| Time on a valid visa | 4 years immediately before applying | 4 years immediately before applying |
| Time as a permanent resident | 12 months immediately before applying | 12 months immediately before applying |
| Physical presence | No more than 12 months away in the 4 years, and no more than 90 days away in the last 12 months | At least 480 days in Australia in the 4 years, and at least 120 days in the last 12 months |
| Who it is for | Most applicants for citizenship by conferral | People in specified activities or kinds of work that require regular overseas travel, such as some crew members, senior executives of ASX 200 companies, certain scientists and medical specialists, and some talent visa holders |
Permanent residents can apply for Australian citizenship if they meet the following residence requirements:
- You must have been living in Australia on a valid visa for the past 4 years
- A permanent resident or eligible New Zealand citizen for the past 12 months
- Away from Australia for no more than 12 months in total in the past 4 years, including no more than 90 days in total in the past 12 months.
If you do not meet the above criteria, there may be some ministerial discretion and exemption from the ‘residence requirement‘ available to you;
Significant hardship or disadvantage
Minister has discretion to consider the period as meeting residency requirements if you can show significant hardship or disadvantage.
Spouses and de facto partners
If you are a permanent resident and your spouse or de facto partner is Australian, you may meet the residency requirement if you can show close and continuing association with Australia. Some evidence may include:
- Australian citizen children
- Long-term relationship with Australian citizen spouse or de facto partner
- Regular return visits to Australia
- Ownership of property in Australia
To prove that your relationship is long-term, you would need to provide supporting documents such as text messages, photos, call history, marriage documents and so forth.
Interdependent relationships
If you are a permanent resident and you are in an interdependent relationship with an Australian citizen, you may meet residency requirement if you can demonstrate close and continuing ties to Australia. Close and continuing ties include:
- Australian citizen children
- Long-term relationship with Australian citizen spouse or de facto partner
- Regular return visits to Australia
- Ownership of property in Australia
Confinement in prison or psychiatric institution
In most cases, a person who has been confined in a prison or psychiatric institution will have to wait 4 years after being released from confinement to meet the residence requirement. However, in some circumstances the minister may waive the requirement.
Administrative error
If you were in Australia but the Minister, consider that you do not meet the residency requirement because of an administrative error. The minister has the discretion to waive treat your presence during that period as meeting the requirement.
Applicants who intend to apply for citizenship by conferral must meet the citizenship ‘residence requirement’. This generally means physically residing in Australia for four years or more, including 12 months as a permanent resident before lodgement of your application. (2020, now historical: COVID-19 travel restrictions have ended.) The Department of Immigration advised that there were no concessions for those who are not able to return to Australia due to the COVID-19 travel restrictions, meaning you will have to delay lodging your citizenship application until you satisfy the ‘residence requirement’.
See also:
- Online citizenship ceremonies being trialed during COVID-19 crisis.
- Leaving Australia before your citizenship application is finalised
Citizenship flexibility for distinguished applicants
Minister Hawke has announced changes that will streamline the pathway to citizenship for talented prospective Australians.
The Minister will extend the special residence concession to all distinguished talent visa holders (the Global Talent and Distinguished Talent visas were replaced by the National Innovation visa (subclass 858) in December 2024) and to athletes in the Australian Commonwealth Games team.
The special residence requirement provides that an applicant has held a valid visa for the last four years, living in Australia for at least 480 days during that time, and must have been a permanent resident and in Australia for 120 days in the year immediately before applying.
This special residency requirement will apply to past, present and future distinguished talent stream visa holders.
This concession only applies to people who applied for subclass 858 without an invitation, excluding global talent invitees
- The special residence requirement provides that an applicant has held a valid visa for the last four years, living in Australia for at least 480 days during that time, and must have been a permanent resident and in Australia for 120 days in the year immediately before applying.
The requirements in SECT 22B Special residence requirement–persons engaged in particular kinds of work requiring regular travel outside Australia are:
- the person was present in Australia for a total of at least 480 days during the period of 4 years immediately before the day the person made the application; and
- the person was present in Australia for a total of at least 120 days during the period of 12 months immediately before the day the person made the application; and
- the person was a permanent resident for the period of 12 months immediately before the day the person made the application;
The Minister’s media release is available here.
Legislative Instrument – Australian Citizenship (special residence requirement) Instrument (LIN 21/069) 2021– specifies the activities for subparagraph 22A(1)(a)(i) of the Act, organisations for paragraph 22A(1)(b) of the Act, and kinds of work for paragraph 22B(1)(a) of the Act for a person applying for Australian citizenship by conferral (the applicant) who seeks to meet special residence requirement. All applicants still need to meet section 21 of the citizenship Act.
- To meet s22A of the Act an applicant must, amongst other requirements, seek to engage in a specified activity of benefit to Australia. The head of, or senior member of a specified organisation must give the Minister written notice stating that the applicant has a reasonable prospect of being engaged in that activity.
- To meet s22B of the Act the applicant must, amongst other requirements, be engaged in a specified kind of work, engaged in that work at the time of application and must be required to regularly travel outside Australia because of that work.
- Subsections 22C(1),(2) & (3) specify activities, organisations and kinds of work for eligibility for the special residence requirements:.
Activities:
- done on duty by a crew member of a ship or aircraft; or
- done on duty on a resources installation or a sea installation; or
- done in the course of duty by an employee of an S&P/ASX All Australian 200 listed company in one of the following positions: a chief executive officer; or an executive manager; or
- research and development of benefit to Australia done as a scientist who has been awarded a Doctor of Philosophy in their field of speciality and is employed by an Australian university; or done in the course of duty as a scientist employed by: the Commonwealth Scientific and Industrial Research Organisation; or a medical research institute that is a member of the Association of Australian Medical Research Institutes; or
- done in the course of duty as a medical specialist of internationally recognised record of exceptional and outstanding achievement in their field of speciality, who: is a fellow of an organisation listed in column 1 of an item in the table in clause 1 in Schedule 1 to the Health Insurance Regulations 2018; and holds a qualification relevant to the organisation.
Work that is in one of the following areas:
- academia and research; or
- the arts; or
- a profession; or
- a sport;
where the particular kind of work is done by a person who is or has been a primary holder of a relevant talent visa and the visa was granted based on an internationally recognised record of exceptional and outstanding achievement in the same area.
Related guides
- How to obtain citizenship in Australia
- National Innovation visa (subclass 858)
- Citizenship processing times
- Settle in Australia: a guide for new arrivals
- Resident Return visa (155 and 157)
- Resident Return visa subclass 155
- Resident Return visa subclass 157
- Applying for Australian citizenship
- Australian citizenship residence requirement
- Citizenship eligibility assessment
- Citizenship document checklist
- Citizenship practice test questions
- Visas eligible for Medicare
Residence requirement FAQs
Can time overseas be counted if I am married to an Australian citizen?
Possibly. If you are the spouse or de facto partner of an Australian citizen, the Minister can treat time spent overseas as time in Australia if you show a close and continuing association with Australia.
Does time on a bridging visa count?
Time in Australia on a valid visa, including most bridging visas, generally counts toward the 4 years. Time as an unlawful non-citizen does not.
What is significant hardship or disadvantage?
The Minister can treat periods as meeting the requirement if you would suffer significant hardship or disadvantage without citizenship. This is assessed case by case and needs strong evidence.
Are COVID-19 travel bans still a reason for exemptions?
No. There were no COVID-19 concessions at the time, and travel restrictions have since ended. The normal rules and discretions apply.
If you would like a comprehensive consultation which includes assessing you for other temporary and permanent visa options (Skilled visas, Employer Sponsored, Partner, etc.) as well, we recommend our standard 45 minute to 1 hour consultation which can be scheduled here:
https://visaenvoy.as.me/video (45 min- $160)
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