By Arnela Tolic, Principal Solicitor, Tolic Lawyers, Parramatta · Current as at 25 September 2026
To meet the general citizenship residence requirement, you must have lived in Australia lawfully for four years immediately before applying, including the last 12 months as a permanent resident.
You must not have been away for more than 12 months in total in those four years, or more than 90 days in the final year. You must also not have been in Australia unlawfully at any time in the four years.
The test is applied on the day you apply.
| Key facts: citizenship residence requirement (as at 25 September 2026) The law: s 22 of the Australian Citizenship Act 2007. Rule 1: 4 years’ lawful residence in Australia immediately before the application. Rule 2: 12 months as a permanent resident immediately before the application. Rule 3: absences of no more than 12 months in total in the 4 years. Rule 4: absences of no more than 90 days in the 12 months before applying. Rule 5: not in Australia as an unlawful non-citizen at any time in the 4 years. |
How the citizenship residence requirement is measured
Everything counts back from the date you lodge. That single point in time is the most misunderstood part of the citizenship residence requirement. It is not measured from your visa grant, your arrival or the date the case officer looks at your file. If you apply one day too early, the application does not meet the requirement, and the fee is generally not refunded.
For that reason, work backwards from your intended lodgement date, and check your actual movement records rather than relying on memory. You can request your international movement records from Home Affairs if you are unsure.
What counts as lawful residence?
Any time in Australia on a valid visa counts toward the four years, including visitor, student, working holiday, temporary skilled, temporary partner and bridging visas. Time as a permanent resident counts toward both the four years and the 12 months.
Time spent in Australia without a visa does not count. Worse, a single period as an unlawful non-citizen inside the four-year window means the requirement is not met until that period falls outside the window.
Citizenship residence requirement: three worked examples
Example 1: the 90-day trap. Priya arrived on a student visa in August 2022 and became a permanent resident in October 2025. She plans to apply in October 2026. Her four years and 12 months are both met. However, in the past 12 months she spent 35 days overseas over Christmas and 70 days overseas in mid-2026. That is 105 days in the final year, which is over the 90-day limit. Priya needs to wait until enough of the Christmas trip falls outside the 12-month window, which will be in early 2027. She should confirm the exact date with the residence calculator.
Example 2: the unlawful gap. Tom’s visa expired in March 2023 and he was unlawful for three months before being granted a bridging visa in June 2023. He became a permanent resident in 2025. Even though he has been in Australia since 2019, his four-year window cannot include those three unlawful months. The earliest he can apply is four years after the unlawful period ended: June 2027.
Example 3: the frequent traveller. Ana has been a permanent resident since 2021 but travels overseas for work. In the four years before her planned application, she has been away for a total of 14 months. She fails the 12-month absence rule, even though every trip was short. She will need to reduce travel and wait, or check whether a discretion or the special residence requirement applies.
Exceptions and discretions
The general citizenship residence requirement has some flexibility, but it is limited and evidence-heavy:
- Spouse or de facto partner of an Australian citizen. The Minister may treat time overseas as residence where, during that time, the applicant was the spouse or de facto partner of an Australian citizen and had a close and continuing association with Australia.
- Administrative error. Where an administrative error meant a person was not a permanent resident when they otherwise would have been, the Minister may treat that period as permanent residence.
- Special residence requirement. A separate test applies to limited groups whose work requires regular travel. The Australian Citizenship (Special Residence Requirement) Amendment (Measures No. 1) Instrument 2026 widened the recognised categories of work, including to certain PhD-qualified academics at Australian universities and ministers of religion in senior leadership roles.
None of these is automatic. They need a written submission and supporting evidence.
Other eligibility requirements
Meeting the citizenship residence requirement is necessary but not enough. You also need to be of good character (if 18 or over), intend to live in or maintain a close and continuing association with Australia, pass the citizenship test (if 18 to 59) and attend a ceremony to make the pledge. The standard conferral fee is $595 from 1 July 2026.
Frequently asked questions
Does time on a bridging visa count toward citizenship?
Yes, toward the four years of lawful residence. It does not count toward the 12 months as a permanent resident.
Do the days I leave and return count as days in Australia?
Use the Home Affairs residence calculator, which applies the Department’s counting method to the dates you enter. Build in a margin rather than applying on the exact first day.
I was overseas for 91 days in the last year. Can I still apply?
Not yet. Wait until enough of the absence falls outside the 12-month window, then recheck.
Does the residence requirement apply to children?
Children under 18 applying with a responsible parent are generally assessed under different provisions. Get advice for the family’s circumstances.
Can Home Affairs refuse me if I apply too early?
Yes. Eligibility is tested at the application date, and the fee is generally not refunded.
Check the dates before you lodge
Tolic Lawyers reviews travel records and residence calculations before citizenship applications are lodged, from our Parramatta office and online. Book your consultation today.
About the author: Arnela Tolic is the Principal Solicitor of Tolic Lawyers, a migration and employment law firm in Parramatta, and NSW Representative of Migration Alliance.
Disclaimer: This article is general information only and is not legal advice. It reflects the law as at 25 September 2026. Examples are illustrative only.
