Difference Between Australian Citizenship by Conferral and Descent

Achieving Australian citizenship is a major achievement that comes with rights, responsibilities, and a feeling of belonging. When one wants to be a citizen, it is imperative to know the various avenues. Citizenship by conferral and citizenship by descent are two of the most frequently used routes.

Their eligibility requirements and processes are different, and understanding the differences with the help of Immigration Lawyers Perth Australia can assist potential citizens in planning.

What Is Citizenship by Conferral?

Citizenship by conferral refers to the way in which a non-citizen may qualify to be an Australian citizen once they satisfy various criteria regarding their residence and eligibility. It is a route mainly taken by permanent residents who would like to become citizens. The most essential requirements are usually:

• Residency: The applicants must have lived in Australia as a permanent resident for at least four years and 12 months as a permanent resident, prior to the application.
• Good Character: The applicants are supposed to be of good character; that is, they are not to have any serious criminal records or legal issues that will hamper their eligibility.
• Australia Knowledge: Applicants typically have to pass a citizenship test to assess their Australian knowledge of Australian history, culture, government and values.
• Language Proficiency: There is no formal examination regarding this, but one has to be proficient in English skills to be able to go through the procedure and be competent in passing the exam.

Read More – What happens if your citizenship application is denied?

Conferral of citizenship typically involves an application, a test or an interview, and a citizenship ceremony. By granting, individuals acquire full-fledged citizenship, can vote, are entitled to apply to an Australian passport and to avail of government services.

What Is Citizenship by Descent?

Citizenship by descent is open to people who were not born in Australia but have one of their parents who is an Australian citizen. This is opposed to conferral since this is given on the basis of parentage as opposed to residence in Australia. Key points include:

• Eligibility: By birth, a child born overseas will automatically become a citizen by descent so long as at the time of birth at least one parent was an Australian citizen.
• Application Process: The parent or child applies to get their citizenship on behalf of the child, along with the proof of the citizenship of the parent, the birth certificate of the child and identity papers.
• Rights and Limitations: The citizenship by descent rights laws provide identical rights as the other Australian citizens, like the right to travel, work and access government services. It is, however, not always a right to reside for the non-citizen parent.

Citizenship by descent is typically faster and less complicated than citizenship by conferral since it does not entail any test of residency or test of citizenship. However, strict documents should be maintained in order to determine the parentage and nationality of the parent at birth.

Read also – How to get permanent residency in Australia?

Main Differences of the Two Pathways

The key distinctions between citizenship by conferral and by descent are in the eligibility, process, and requirements:

• Eligibility: To confer, one needs to have permanent residency and a length of residence in Australia, but a descendant needs to have an Australian parent.
• Procedure: Conferral usually has a citizenship test and a ceremony, whereas descent is usually titled with documentation of lineage.
• Residency Requirements: Conferral requires time of residence in Australia; descent does not.
• Complexity: Conferral may be more complicated because of the necessity to conduct testing, character checks, and an even longer processing time.

Dual Citizenship Considerations

Australia accepts dual citizenship, and it is necessary to know the legal requirements before applying. Your citizenship by descent or conferral can have an impact on your duties in a foreign land, whether it is in the form of taxes, military service or even voting rights.

Seeking advice from some specialists, like the Immigration lawyers Perth, will mean you will be able to benefit from both citizenship without breaking any laws in either country and therefore be able to enjoy the full benefits of being an Australian citizen safely.

Why Legal Guidance Can Help?

The Australian citizenship law may be tricky to navigate, particularly when you are facing some special circumstances, missing documentation and doubts about eligibility. Parent visa lawyers Perth are able to offer qualified guidance, assist in filling out the applications, make sure that all the requirements are correctly followed and minimise the chances of delays or even refusal. They can also provide an opinion on the dual citizenship aspect and its impact on family members.

Final Thoughts

There are two methods of becoming an Australian citizen, which are citizenship by conferral and citizenship by descent, but each of them is suitable to different circumstances. Conferral applies to permanent residents who wish to have all the rights of being citizens of Australia after residing in Australia. In contrast, descent applies to people who are born outside Australia but have Australian parents.

Being aware of the differences, the needs and procedures may assist you in making the correct choice and simplify your path to Australian citizenship. Legal advice from Immigration lawyers Perth would help to make sure that the Australian law is followed, and the chances of a successful result are higher.