Increased Citizenship Flexibility for Distinguished Talent Visa Holders
On 14 September 2021, the Australian Government announced that they will be introducing changes to Australian citizenship eligibility for distinguished talent visa holders.
What are the current arrangements?
Currently, Australian citizenship legislation requires an individual to meet what is known as the ‘general residence’ requirements. Individuals must meet the following:
Have lived in Australia on a valid visa for at least four (4) years;
Have not been absent from Australia for more than 12 months during that time;
Have been an Australian permanent resident for at least 12 months preceding application; and
Have not been absent from Australia for more than 90 days in the 12 months preceding the application.
There are exceptions to the above criteria for certain individuals who can access special residence requirements based on their work being in the Australian national interest and has necessitated that they undertake significant travel overseas. Individuals must be able to show that they have worked in the relevant occupation for at least two years with their employer. Under these special residence requirements, individuals only had to meet the following:
Have held a valid Australian visa for 4 years preceding application;
Been an Australian permanent resident for at least 12 months preceding application;
Have been living in Australia for at least 480 days during the preceding 4 years;
At least 120 days living in Australia in the 12 months preceding application.
The special residence requirements were only extended to a limited cohort of people working in particular relevant occupations including members of an aircraft crew or ship and scientists employed with CSIRO.
What are the changes?
The new announcement opens the doors to all past, present and future distinguished talent visa holders to apply for Australian citizenship using the special residence requirements.
The changes acknowledge that most distinguished talent visa holders may be required to travel abroad often as part of their work and that this would be expected, given that they are considered exceptional in their field. The increased flexibility in the residence requirements means that these individuals are not disadvantaged in performing the very work that they were granted a visa for.
How we can help you
If you are a distinguished talent visa holder exploring Australian citizenship or even a permanent resident under a different category looking to take the final step in your migration journey, contact one of our specialists to discuss your eligibility.