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2.1.2.20 Verifying Residence/Citizenship

Summary

If an individual receiving FTB and/or SIFS was born overseas, evidence must be obtained to verify that they are an Australian resident (1.1.A.130). This means that the person must:

  • have the right to live in Australia (1.1.A.120) permanently, and
  • intend to live in Australia permanently.

 

This topic explains the following:

  • verifying the individual is an Australian resident,
  • evidence of residency,
  • Australian citizenship,
  • permanent visa,
  • special category visa, and
  • special purpose visa.

 

Verifying the applicant is an Australian resident

Evidence must be provided by the individual that they:

  • are an Australian citizen, or
  • hold a:
    • permanent visa, or
    • special category visa, or
    • special purpose visa, and
  • intend to remain in Australia permanently.

 

This is explained in the rest of this topic.

 

Policy reference: FA Guide 2.1.2.10 Residence Requirements

SS Guide 9.1 What is a Visa?

 

Evidence of residency

Suitable evidence of Australian residency may include:

  • information obtained from DIAC verifying the date of arrival, residence status, etc.,
  • a passport,
  • a citizenship certificate, or
  • a visa (1.1.V.10) or travel documents from DIAC stating that the person has been granted permanent residence.

 

Australian citizenship

An individual may become an Australian citizen by applying for grant of Australian citizenship. A certificate of Australian citizenship is issued to a successful applicant after an official ceremony.

Explanation: Most people born in Australia before 26 January 1949 became Australian citizens on that date when the Australian Citizenship Act 1948 first came into force. People born in Australia on or after 26 January 1949 and before 20 August 1986 automatically became Australian citizens on their DOB unless one of their parents was a diplomatic or consular official of a foreign country. There is also provision for children born in Australia who would otherwise be stateless to apply for Australian citizenship by registration. Children who live in Australia until their 10th birthday acquire Australian citizenship on that birthday. A child born overseas to Australian parents, or a child adopted by Australian parents, may be registered as an Australian citizen by the child's parents at the nearest Australian Embassy or Consular post.

 

Policy reference: SS Guide 2.2.4.10 Verifying Residence/Citizenship

 

Permanent visa

A permanent visa gives the holder permission to remain in Australia indefinitely. An individual may apply for a permanent visa inside or outside Australia, depending on the category of visa.

 

Special category visa

An SCV is the type of visa granted to people who enter Australia on a New Zealand passport. Like a permanent visa, it allows the holder to remain in Australia indefinitely. However, New Zealand citizens entering Australia are granted the same visa regardless of whether they are entering as visitors or settlers. This is why the A New Tax System (Family Assistance) Act 1999 requires the holder of an SCV to be also 'residing in Australia' to be eligible for FTB.

Explanation: Prior to 1 September 1994, New Zealand citizens and certain other groups did not require a visa to enter and remain in Australia. However, since the introduction of the Migration Reform Act on that date, a person must be either an Australian citizen or the holder of a valid visa to be legally present in Australia.

 

Act reference: FAAct section 21(1)(b)(i) When an individual is eligible for FTB in normal circumstances

SSAct section 7(3) In deciding for the purposes of this Act whether or not a person is residing in Australia...

Policy reference: SS Guide 9.1.2.40 New Zealand Citizens

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Last reviewed: 1 July 2013


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Last Edited: 17/06/2013 11:25:18 AM


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