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Citizenship and Defence Families

From 1 January, the Australian Citizenship Amendment (Defence Families) Act 2012 amends the Australian Citizenship Act 2007 to:

  • Enable family members of a person who is an Australian Defence Force (ADF) lateral recruit who has completed relevant defence service or who has died to be eligible for the relevant defence service residence requirement for Australian citizenship
  • Clarify definitions of completed relevant defence service (Members of the ADF and family members who complete relevant defence service are able to satisfy the residence requirement for Australian Citizenship in a shorter period of time than the usual four years.)
  • Clarify that a person undertakes service in the Permanent Forces or the Reserves only if the person is appointed, enlisted, or transferred into any of the Permanent Forces or the Reserves.

 

Types of visas for relatives to satisfy defence service requirements

From 1 January, the Australian Citizenship Regulations 2007 are amended to prescribe the type of visas required for a relative who migrated to Australia with a person who was recruited by the ADF to satisfy the defence service requirement (defined in section 23 of the Australian Citizenship Act 2007 for the purposes of section 21 of the Act, which sets out the eligibility requirements for applying for Australian citizenship by conferral.

New Regulation 6A prescribes the following visas for the purposes of paragraphs 23(2)(a) and 23(3)(a) of the Citizenship Act:

  • Employer Nomination (Permanent) (Class EN) (Subclass 186);
  • Labour Agreement (Migrant) (Class AU);
  • Labour Agreement (Residence) (Class BV); and
  • Regional Employer Nomination (Permanent) (Class RN) (Subclass 187)

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