Document ID: chunk:federal_register_of_legislation:C2024C00431:section:21:p1
Version: federal_register_of_legislation:C2024C00431
Segment Type: section
Provision Reference: s 21 (pt 1/3)
Character Range: 44575–47315

21  Application and eligibility for citizenship
 (1) A person may make an application to the Minister to become an Australian citizen.
Note 1: Subsections (2) to (8) deal with eligibility.
Note 2: Section 46 sets out application requirements (which may include the payment of a fee).

General eligibility
 (2) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:
 (a) is aged 18 or over at the time the person made the application; and
 (b) is a permanent resident:
 (i) at the time the person made the application; and
 (ii) at the time of the Minister's decision on the application; and
 (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and
 (d) understands the nature of an application under subsection (1); and
 (e) possesses a basic knowledge of the English language; and
 (f) has an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship; and
 (g) is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved; and
 (h) is of good character at the time of the Minister's decision on the application.
 (2A) Paragraphs (2)(d), (e) and (f) are taken to be satisfied if and only if the Minister is satisfied that the following apply:
 (a) the person has sat a test approved in a determination under section 23A;
 (b) the person was eligible to sit that test (worked out in accordance with that determination);
 (c) the person started that test within the period worked out in accordance with that determination and completed that test within the period (the relevant test period) worked out in accordance with that determination;
 (d) the person successfully completed that test (worked out in accordance with that determination) within the relevant test period.

Permanent or enduring physical or mental incapacity
 (3) A person is eligible to become an Australian citizen if the Minister is satisfied that the person:
 (a) is aged 18 or over at the time the person made the application; and
 (b) is a permanent resident:
 (i) at the time the person made the application; and
 (ii) at the time of the Minister's decision on the application; and
 (c) satisfies the general residence requirement (see section 22) or the special residence requirement (see section 22A or 22B), or satisfies the defence service requirement (see section 23), at the time the person made the application; and
 (d) has a permanent or enduring physical or mental incapacity, at the