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Concept
Australian nationality law
Summary
Australian nationality law details the conditions by which a person is a national of Australia. The primary law governing nationality regulations is the Australian Citizenship Act 2007, which came into force on 1 July 2007 and is applicable in all states and territories of Australia.
All persons born in Australia before 20 August 1986 were automatically citizens at birth regardless of the nationalities of their parents. Individuals born in the country after that date receive Australian citizenship at birth if at least one of their parents is an Australian citizen or permanent resident. Children born in Australia to New Zealand citizens since 1 July 2022 also receive Australian citizenship at birth. Foreign nationals may be granted citizenship after living in the country for at least four years, holding permanent residency for one year, and showing proficiency in the English language.
Australia is composed of several former British colonies founded in the 18th and 19th centuries whose residents were British subjects. After federation as a Dominion within the British Empire in 1901, Australia was granted more autonomy over time and gradually became independent from the United Kingdom. Although Australian citizens have no longer been British subjects since 1984, they continue to hold favoured status when residing in the UK. As Commonwealth citizens, Australians are eligible to vote in UK elections and serve in public office there.
The distinction between the meaning of the terms citizenship and nationality is not always clear in the English language and differs by country. Generally, nationality refers a person's legal belonging to a state and is the common term used in international treaties when referring to members of that polity; citizenship refers to the set of rights and duties a person has in that nation. Despite this distinction, the Australian Government uses these two terms interchangeably.
British subject and History of British nationality law
Britain established its first colony in Australia with the founding of New South Wales in 1788.
Official source
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