Section 13 and Section 19C of the Citizenship Act 2007 stipulate the criteria that has to be fulfilled for an adopted child to be granted citizenship through adoption. The process differs depending on which criteria is applicable to you. On one hand you can be granted citizenship before arriving to Australia; and on the other hand, you can be granted citizenship only after coming to Australia as a permanent resident. However, one thing remains the same: At least one parent needs to be an Australian Citizen at the time of adoption.
So What Happens When my Adoptive Parent (or parents) is a Permanent Resident When They Adopt Me?
You are not eligible for citizenship under the provisions mentioned above. This is the case even if your parent becomes an Australian Citizen after the adoption. Therefore, you need to apply for citizenship by conferral, as opposed to applying by adoption. This process can take up to 28 months as per Departmental processing times.
Section 21 and section 22 of the Act talk about applying for citizenship by conferral. You will have to meet the threshold criteria including the residency requirement, which currently means you will need to have lived in Australia lawfully for at least four years, 12 of which as a permanent resident. You will need to remain a permanent resident at the time of decision and sit a test, which examines your knowledge of Australia and its values.
If your current visa is expiring, whether you are in Australia or overseas, and you have not applied for a new visa, contact Migration Centre of Australia today for professional migration advice to help you with your visa application or simply to plan a visa pathway. Our migration agents have been in the migration industry for many years and are known for our expertise. Call us today on (02) 4626 1002 or send us an email at firstname.lastname@example.org and one of our registered migration agents will be ready to help.