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HAWKE: Australian Citizenship (special residence requirement) Instrument (LIN 21/069) 2021

Purpose

The purpose of the instrument is to specify: activities for subparagraph 22A(1)(a)(i) of the Act, organisations for paragraph 22A(1)(b) of the Act, and kinds of work for paragraph 22B(1)(a) of the Act. A person applying for Australian citizenship by conferral (the applicant) must satisfy the eligibility criteria under section 21 of the Act, including a residence requirement. The residence requirement can be satisfied under either the general residence requirement (see section 22), the special residence requirement (see sections 22A and 22B) or the defence service requirement (see section 23).

5 To meet the special residence requirement in section 22A of the Act an applicant must, amongst other requirements, seek to engage in a specified activity of benefit to Australia, and are required to become an Australian citizen in order to do so (see subparagraphs 22A(1)(a)(i), (ii) and (iii)). The head of, or senior member of a specified organisation must give the Minister written notice stating that the applicant has a reasonable prospect of being engaged in that activity. Subsections 22C(1) and (2) of the Act enable the Minister to specify the activities and organisations in a legislative instrument.

 

To meet the special residence requirement in section 22B of the Act the applicant must, amongst other requirements, be engaged in a specified kind of work. The applicant must be engaged in that work at the time of application and must be required to regularly travel outside Australia because of that work. Subsection 22C(3) of the Act enables the Minister to specify the kind of work in a legislative instrument.

The instrument is made under subsections 22C(1), (2) and (3) of the Act to specify activities, organisations and kinds of work. The instrument broadens the special residence requirement from IMMI 13/056 by specifying additional activities, organisations and kinds of work. In particular, the instrument:

 

- adds participation in the Commonwealth Games as a specified activity for section 22A of the Act;

- adds Commonwealth Games Australia as a specified organisation for section 22A of the Act; and
- updates the specified kinds of work for section 22B of the Act, by specifying additional kinds of work done by a primary holder of a relevant talent visa, related to the area of internationally recognised record of outstanding and exceptional achievement for which the visa was granted. Specified work now includes the arts (expanded from writing, visual or performing arts in IMMI 13/056), academia and research, a profession and sport. Relevant talent visa is defined in section 3 of the instrument.

The instrument also updates and clarifies the drafting of IMMI 13/056. The schedules have been removed for simpler presentation of information. Definitions are added to the instrument to clarify the terms used to describe the activities and kinds of work that would meet special residence requirements. This includes 'participation in an Australian team', 'scientist' and 'relevant talent visa'.

 Source: LIN21069.pdf and LIN21069-Explanatory-Statement.pdf

 

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