In August 2022, we lodged an Australian citizenship application under the Ministerial Discretion provision.
During the process, we received four separate requests for further documents, as the applicant had been overseas the entire time due to unavoidable circumstances and was unable to return to Australia.
Finally, in June this year, the citizenship application was successfully approved!
How This Differs from Standard Citizenship Applications
Ordinarily, applicants must have:
- Lived in Australia for three years within the last four years before applying, and
- Not been absent from Australia for more than three months in the 12 months prior to lodgement.
However, many applicants cannot meet these residence requirements due to various reasons, such as:
⚡ Working overseas 💼
⚡️ Managing overseas businesses 🧑💼
⚡ Caring for critically ill family members 😷
⚡ Studying abroad 📖
⚡ Children attending school overseas 🧒
Ministerial Discretion – An Alternative Pathway
Under the Minister’s discretion, if the applicant is the spouse or de facto partner of an Australian citizen, time spent outside Australia with the Australian citizen partner can be counted as time spent in Australia for the purposes of the residence requirement.
This means that even if you are not physically in Australia, you may still be eligible for citizenship if:
- You have a close and continuing association with Australia, and
- You intend to return and live in Australia.
✅ For applicants in unique circumstances, this pathway can make Australian citizenship possible without meeting the usual residence rules.
