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Australia requires a 'Close and continuing' association/link/ties with Australia either by living in Australia or by maintaining such ties while overseas as a criterion for naturalization.

My friend asked me this question and we tried to search it on the internet but were unable to find examples of scenarios in which a person is considered to possess close links with Australia while living overseas. If someone had naturalized less than a year ago, but found a better option to relocate somewhere else (my friend's situation), how can that criterion be satisfied? What should be done so as to maintain the fact that ties are not broken with Australia (so that citizenship is not revoked)?

Joseph Johnson
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  • How long is it since your friend actually naturalized? If they "just" naturalized, then it's difficult I guess to satisfy the criterion but I don't know exactly what that criterion asks for. – Yashveer Singh Sep 28 '20 at 12:45
  • She naturalized less than a year ago. Editing the question to make it clear. – Joseph Johnson Sep 28 '20 at 12:47
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    That some criterion is required for naturalization does not mean that failing to meet it after naturalization would result in loss of citizenship. In fact, it generally does not. This question may be of interest to people who are not yet citizens of Australia, but those who are already naturalized, as in the case, do not need to worry unless their living abroad could expose them to suspicion of fraud, or unless they received Australian citizenship "for special services provided to Australia." See https://www.sbs.com.au/language/english/five-ways-you-can-lose-your-australian-citizenship – phoog Sep 28 '20 at 15:26
  • +1 @phoog Thank you, During our research, we had literally searched each and every page of that SBS website before asking this question, including the one you provided. Her biggest fear is losing her Australian citizenship, which she says as extremely likely if she leaves without spending acceptable time in Australia. Her main complain is that the authorities will argue that she lied about her plan to reside in Australia. It is a strict requirement as such before naturalization, and so it will be after naturalization as well. – Joseph Johnson Sep 28 '20 at 15:43
  • SBS website has some cases that showed Australia rejected citizenship application because the person failed to satisy authorities of his intention to live in Australia despite his wife and children being Australian citizens AND his brother-in-law and his family living in Coomera in Queensland. We were honestly shocked to read that case. – Joseph Johnson Sep 28 '20 at 15:43
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    Australia really seems to be very suspicious, and to her, it is extremely likely that Australia will definitely cancel her citizenship if she doesn't continue living in Australia. This is why we decided to post a question regarding how that "continuing and close links while overseas" criterion could she satisfy? – Joseph Johnson Sep 28 '20 at 15:44
  • On an other note, what do you mean by "....unless their living abroad could expose them to suspicion of fraud"? – Joseph Johnson Sep 28 '20 at 15:44
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    @phoog I think it is useful to consider what requirements in relation to continuing links with Australia while living overseas were supposed to be met pre-naturalization, to find out what their friend should do now in order to maintain pre-naturalization requirements so that it does not look like their friend lied pre-naturalization. Is this (the pre-naturalization requirement about links with Oz) what you want to know Joseph? – Yashveer Singh Sep 28 '20 at 18:09
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    @YashveerSingh Yes that will definitely be satisfying to know. Can you tell what it means to "maintain close and continuing links with Australia" (in the pre-naturalization scenario)? Can you give some scenarios in which such links are established when the applicant intends to live abroad after naturalization? I think Australia does permit living abroad after naturalization but some permanent links with Australia must be established. What are they? – Joseph Johnson Sep 28 '20 at 18:15
  • @JosephJohnson I am afraid I don't know. I am new on expatriates SE so have less experience but phoog can answer hopefully. – Yashveer Singh Sep 28 '20 at 18:32
  • @JosephJohnson I think I understand now why your friend is afraid. "WARNING: It is an offence under section 50 of the Australian Citizenship Act 2007 to deliberately make, or cause to make, a false or misleading statement, or conceal circumstances in relation to an application." [ See the last page here] The intention to reside in Australia is included in the list of declaration. It is a serious matter in Australian law I suppose if they allege misrepresentation pre-naturalization. – Yashveer Singh Sep 28 '20 at 19:20
  • Ouch, the penalty is 12 months imprisonment. Never though laws could be so strict. – Yashveer Singh Sep 28 '20 at 19:27
  • Hmm... Thanks Yashveer. @phoog can you help or do you know someone who can help? – Joseph Johnson Sep 29 '20 at 05:50
  • @Joseph Johnson Is your friend a dual citizen? AFAIK, at present Australian law does not allow a person to be deprived of Australian citizenship if this would render them stateless. – Traveller Sep 29 '20 at 22:46
  • @Joseph Johnson There’s quite a good list of factors indicating a ‘close and continuing association’ here https://www.ahclawyers.com/case-laws/2019/6/14/close-and-continuing-association-with-australia-for-the-purpose-of-citizenship – Traveller Sep 29 '20 at 22:55
  • @Traveller No she is an Indian (I mean was an Indian as India doesn't permit dual citizenship) – Joseph Johnson Sep 30 '20 at 08:00
  • @Traveller Also that page seems to list down close link examples required *before* naturalization for the purpose of the special residence requirement. What she seems to search for is the requirements necessary while declaring pre-naturalization that one is definitely not going to live in Australia after naturalization, but maintain close links with the country. That is what is gonna satiate her I think. – Joseph Johnson Sep 30 '20 at 08:05
  • @Joseph Johnson IANAL but the two concepts seem incompatible. I think advice from an immigration lawyer would be best – Traveller Sep 30 '20 at 08:08
  • I'll tell her to ask a lawyer. I posted it here in case anyone can advise about this. – Joseph Johnson Sep 30 '20 at 10:34

1 Answers1

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"Close and continuing association" is a requirement to retain and renew permanent residence in Australia while overseas. It does not apply to citizenship, which is permanent.

It is very, very difficult to "cancel" (revoke) Australian citizenship once granted: basically, if you have actively applied for and been granted citizenship, the only possible grounds to revoke it are blatant fraud during the application process, or active terrorism/waging a war against Australia (and even this has been curtailed significantly by the courts). See the Citizenship Act 2007 for details.

lambshaanxy
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