Residency rule, Australia
Australia Citizenship — Time Away in 4 Years
Summary
To apply for Australian citizenship by conferral you must have lived in Australia on a valid visa for the 4 years immediately before the day you apply. In those 4 years you must not have been absent from Australia for more than 12 months in total. A second limit applies at the same time: no more than 90 days away in the last 12 months. If you are over either limit on the day you apply, you do not meet the general residence requirement, and the Department of Home Affairs cannot approve the application.
- Limit
- 12 months outside Australia in total
- Period
- The 4 years immediately before the day you apply
- Sister limit
- No more than 90 days away in the last 12 months
- Visa status
- Valid visa for all 4 years, permanent resident for the last 12 months
- Law
- Australian Citizenship Act 2007, section 22(1) and (1A)
- Run by
- Department of Home Affairs
Who it applies to
- Permanent residents who plan the first day on which they can apply for citizenship.
- People who spent several months abroad for work, study or family during their first years in Australia.
- New Zealand citizens on a special category visa who now apply for citizenship directly.
- People who came on a temporary visa first and became permanent residents later.
- Applicants aged 16 or 17, who must meet the same residence requirement as adults.
The rule
Section 22 of the Australian Citizenship Act 2007 sets the general residence requirement. Under section 22(1) you must have been present in Australia for the 4 years immediately before the day you apply, you must not have been an unlawful non-citizen at any time in those 4 years, and you must have been a permanent resident for the 12 months immediately before the day you apply.
Nobody is expected to stay in the country for 4 years without a break. Section 22(1A) allows absences: you are still treated as present for the 4 years if your absences in that period are not more than 12 months in total. Section 22(1B) adds the final-year limit, which the tracker Australia Citizenship - Time Away in the Last Year follows: absences in the last 12 months must not be more than 90 days in total, and you must have been a permanent resident during each of those absences.
Time on a temporary visa counts towards the 4 years. A person who studied for 3 years on a student visa and then held a permanent visa for 1 year can meet the test. Since 1 July 2023, New Zealand citizens who hold a special category (subclass 444) visa are treated as permanent residents for citizenship, so they can count the last 12 months on that visa.
The residence requirement is one of several. You must also be of good character, pass the citizenship test if you are aged 18 to 59, and be likely to live in Australia or keep a close and continuing association with it.
Why it exists
Citizenship is meant for people who have made their life in Australia. The 4-year period shows a lasting connection with the country, and the limit on absences makes sure that the applicant really spent most of that time in Australia and knows its way of life before taking the pledge.
Counting the days
You count the days you were outside Australia during the 4 years that end on the day before you apply. The total must not be more than 12 months.
- Choose the day you plan to apply and count back 4 years. For an application on 1 October 2026, the period starts on 1 October 2022.
- Check that you held a valid visa for the whole period and that you were never unlawfully in Australia.
- List every trip abroad in the period and add up the days you were outside Australia.
- Compare the total with 12 months.
- Then check the last 12 months on their own: no more than 90 days away, and a permanent resident for the whole of that year.
- If you are over a limit, move the planned application day later until the old trips fall out of the period.
Track Australia Citizenship — Time Away in 4 Years on your phone.
Countr finds your past trips in your photos and keeps counting from there.
Examples
Several trips that stay under the limit
Amara plans to apply on 1 October 2026, so her 4 years run from 1 October 2022 to 30 September 2026. In that time she was abroad for 120 days in 2023, 150 days in 2024, 60 days in 2025 and 20 days in 2026. Her total is 350 days, which is under 12 months. Only the 20 days in 2026 and 25 of the days in 2025 fall inside the last 12 months, so she is also under 90 days there. She meets both absence limits.
Thirty days too many
Diego also wants to apply on 1 October 2026. He was abroad for 200 days between November 2022 and May 2023 to care for a parent, and for another 195 days across later trips. His total is 395 days, which is more than 12 months. He does not meet the requirement on 1 October 2026. As he waits, the days of the 2022 trip fall out of the 4-year period, and he can apply once the total is back under 12 months.
Under 12 months but over 90 days in the final year
Yuki has been away for only 140 days in her 4 years. But 95 of those days were one trip from January to April 2026, and she wants to apply on 1 October 2026. The 4-year limit is met. The final-year limit is not, because she was away for more than 90 days in the last 12 months. She must wait until part of that trip is more than 12 months in the past.
Exceptions
- Children under 16 do not need to meet the general residence requirement, but they must be permanent residents.
- If you were in prison, or in a psychiatric institution by order of a court, at any time in the 4 years, section 22 treats you as not meeting the 4-year part, unless the Minister decides that this would be unreasonable in your case.
- The Minister has discretions in section 22 for some cases, for example to treat time as lawful where an administrative error was made, or to count time abroad as a permanent resident for the spouse or de facto partner of an Australian citizen who kept a close and continuing association with Australia.
- A special residence requirement exists for two groups. People who seek to do certain activities that benefit Australia need 180 days in Australia in the last 2 years, including 90 days in the last 12 months. People in certain kinds of work that require regular travel abroad need 480 days in Australia in the last 4 years, including 120 days in the last 12 months.
- Members of the Australian Defence Force and their families can be exempt after 90 days of service in the permanent forces.
Common misconceptions
- “I need 4 years as a permanent resident.”
- You need 4 years in Australia on any valid visa, of which only the last 12 months must be as a permanent resident. Years on a student or work visa count.
- “The 12 months away are counted per year.”
- The 12 months are the total for the whole 4 years. You could be away for 10 months in the first year and 2 months later, as long as the last 12 months stay at 90 days or fewer.
- “If I meet the 4-year limit, I am fine.”
- Both limits apply at the same time. A person with only 100 days away in 4 years still fails if 91 of those days are inside the last 12 months.
- “The period is fixed from the day I arrived.”
- The 4 years are always the 4 years immediately before the day you apply. If you apply later, the period moves with you and old trips drop out.
Questions and answers
What happens if I apply while I am over the limit?
You do not meet the general residence requirement, and Home Affairs cannot approve the application unless an exemption or a discretion applies. The application fee is paid when you apply, so check the dates before you lodge.
Do days on a visitor or bridging visa count towards the 4 years?
Yes, if the visa was valid. The 4 years need lawful presence on any valid Australian visa. Only the last 12 months must be as a permanent resident.
Can I travel after I apply?
Yes, but Home Affairs cannot approve your application while you are outside Australia, and you must tell the Department about travel. The absence limits are measured to the day you apply, not to the day of the ceremony.
How long is 12 months in days?
The Act says 12 months and does not give a number of days. Countr uses 365 days, which is the safe reading, so its warning comes early and not late.
I am a New Zealand citizen. Do I need a permanent visa first?
No. Since 1 July 2023 a New Zealand citizen who holds a special category (subclass 444) visa is treated as a permanent resident for citizenship. You still need 4 years in Australia and must stay within both absence limits.
Does one long trip break the 4 years?
No single trip breaks the period by itself. What matters is the total: all absences together must not be more than 12 months, and those in the last year must not be more than 90 days.
Sources
- Department of Home Affairs - Become an Australian citizen by conferral, permanent residents and New Zealand citizens
- Australian Citizenship Act 2007, section 22 - Federal Register of Legislation
Other rules for Australia
- Australia Citizenship — Time Away in the Last Year 90 days away in any 12 months
- Australia PR — Return Visa 730 days in any 5 years
- Australia Tax Residence 182 days in each tax year from 1 July
- NSW Land Tax Surcharge 200 days in each calendar year
This page explains the rule and how the days are counted. It is not legal or tax advice. The authority decides each case on its own facts.