Citizenship changes for elite athletes and frequent flyers

Changes to Australia's residency requirements will be introduced into Parliament this month to enable elite athletes who move to Australia but travel frequently become citizens and represent Australia at international events including the Olympics.

The Minister for Immigration and Citizenship, Senator Chris Evans, said that it was difficult under the current legislation for some sports people and other specialist professionals who migrate to Australia to meet the requirements for Australian citizenship due to their international travel commitments.

'Elite athletes, tennis players and professionals such as international airline pilots and offshore oil rig workers often don't meet the residency requirements for Australian citizenship because they are required to travel extensively outside Australia as part of their employment,' Senator Evans said.

People who are out of the country for 90 days or more in the year before applying for citizenship are currently ineligible to become citizens. In 2007, the previous Government also changed the residence requirement for citizenship from two years to four years and removed certain discretionary residence provisions leaving a small group of people significantly disadvantaged.

'Due to their professional travel commitments, people who are ordinarily resident in Australia are unable to be present in the country for the required period of time and this effectively excludes them from becoming Australian citizens,' Senator Evans said.

'Elite athletes who have the potential to represent Australia at an international level but need to be citizens to do so have been disadvantaged along with some specialist professionals including international airline pilots and offshore oil rig workers.

'These changes will create a smoother path to citizenship for elite athletes and people in specialist professions and enable Australia to benefit from the talents and skills they bring to our country.'

Under amendments to the Australian Citizenship Act 2007, people in special circumstances such as elite athletes will need to have been a permanent resident for two years before their application with at least six months physically in Australia, require citizenship to represent Australia in their sport and have their application supported by a recognised national peak body such as the Australian Olympic Committee or Tennis Australia.

Specialist professionals will need to have been lawfully resident in Australia for four years immediately before applying for Australian citizenship with at least 16 months physically in Australia, travel extensively in the course of their work, and have their citizenship application supported by their current employer.

'All applicants will need to be able to show that despite spending periods of time overseas, their home is in Australia. They will also be required to meet all other legal requirements for citizenship, including sitting and passing the citizenship test,' Senator Evans said.

'The revamped requirements will create a fairer system for people who, due to circumstances beyond their control, are currently ineligible for citizenship. These changes will lead to more gold medals for Australia at sporting events, as well as providing a real win for the national workforce.'

Current citizenship residence requirements:

People who became permanent residents on or after 1 July 2007 must have been lawfully resident in Australia for four years immediately before applying including:

12 months as a permanent resident
absences from Australia of no more than 12 months, including no more than ninety (90) days in the 12 months before applying.

If people became permanent residents before 1 July 2007 and apply before 30 June 2010, they must have been physically present in Australia as a permanent resident for a total of two years in the five years before applying, including one year in the two years before applying.

Proposed changes for people in special circumstances, including elite sports persons:

two years as a permanent resident immediately prior to application
ordinarily resident in Australia during that period
180 days (six months) physical presence in Australia during that period, including 90 days (three months) in the 12 months immediately prior to application
require Australian citizenship to represent Australia
have their application supported by a recognised national peak body (eg: Australian Olympic Committee).

Proposed changes for people in specialist professions:

permanent resident in Australia for 12 months immediately prior to application
lawfully resident in Australia for four years immediately prior to application
ordinarily resident in Australia during that period
480 days (16 months) physical presence in Australia during that four year period, including 120 days (four months) in the 12 months immediately prior to application
required to travel extensively outside Australia due to nature of profession
have their application supported by current employer.

See:
Index of Media Releases

URL: http://www.minister.immi.gov.au /media/media-releases/2009/ce09078.htm
Last update: 31 August 2009 at 12:45 AEST