Who can apply
Citizenship for spouses and partners of Australian citizens
Check below whether a discretion fits your case, then test how the partner discretion would change your count of days overseas.
Independent, non-government site: tests, applications and appointments are handled only on the Home Affairs website.
Is there a discretion for my situation?
Ministerial discretion
May apply
| Spouse or partner abroad | close and continuing association with Australia |
| Administrative error | time can be treated as permanent residence |
| Prison | time inside does not count as residence |
A discretion is decided case by case with evidence; it is never automatic.
Marrying an Australian citizen does not make a person a citizen, and there is no separate citizenship-by-marriage application. A husband, wife or de facto partner of a citizen first becomes a permanent resident, usually through a partner visa, and then applies for citizenship by conferral like any other permanent resident. The general residence requirement applies: 4 years living in Australia on a valid visa, the last 12 months on a permanent visa, and no more than 365 days away in those 4 years, with at most 90 in the final year. What marriage can change is the way time overseas is counted. If you spent time outside Australia as a permanent resident while married to, or in a de facto relationship with, a citizen, and kept a close and continuing association with Australia, the Minister may treat that time as presence in Australia. The fee for applicants aged 18 to 59 is $595 on form 1298i of July 2026.
Would the spouse discretion cover my time away?
Absence limits
Met only if the discretion is applied
| Without the discretion | 520 of 365, and 120 of 90 |
| If the time with your partner counts as in Australia | 220 of 365, and 60 of 90 |
| Also needed | a close and continuing association with Australia |
The discretion is decided with your application and evidence; it cannot be assessed in advance.
Questions, dates and fees by Radif Partners · Editorial policy · How questions and dates are built
No shortcut through marriage
Australian law has no route that grants citizenship because of a wedding. The partner of a citizen follows the same path as other migrants: a permanent visa first, then an application for citizenship by conferral once the residence requirement is met. A partner visa that is still temporary counts as time on a valid visa, but not as permanent residence, so the 12-month clock only starts when the permanent stage is granted, or when you first enter Australia on that permanent visa.
The four limbs of the partner discretion
Home Affairs sets out the discretion in its criteria for permanent residents. The Minister may treat a period overseas as presence in Australia as a permanent resident when all of these are true:
- you are the spouse or de facto partner, or the surviving spouse or de facto partner, of an Australian citizen when you apply;
- you spent the time outside Australia while you were a permanent resident;
- you were that citizen’s spouse or de facto partner during the period;
- you had a close and continuing association with Australia during the period.
A parallel limb covers people whose permanent visa was granted because of an interdependent relationship with a citizen and who stayed in that relationship while abroad.
Who it helps in practice
The typical case is a couple posted overseas for the citizen’s job, or living abroad for a few years to care for family, while the migrant partner already holds a permanent visa. Without the discretion, a long posting quickly breaks the limit of 365 days away in 4 years. With it, the days spent abroad with the citizen partner can be set aside. The second calculator on this page shows the two counts side by side: your days as they stand, and the same days if the period with your partner is treated as time in Australia.
Evidence Home Affairs asks for
The discretion is never applied on a simple statement. The department lists proof of your partner’s citizenship (an Australian birth certificate, citizenship certificate or passport), proof of the relationship (marriage certificate, joint utility or bank accounts, joint lease or mortgage), a statement explaining why you were both overseas, such as a letter from an employer, and evidence of your close and continuing link with Australia. A death certificate is added for a surviving partner. The documents page covers identity papers and police certificates, which are needed as well.
Applying from overseas
Most conferral applicants must be in Australia on the day Home Affairs decides the application. Applicants who were helped by the spouse or interdependent partner discretion are one of the stated exceptions, which matters for couples still living abroad. A ceremony and the pledge are still required, so plan a trip home for the invitation, which arrives about 4 weeks ahead.
What the discretion cannot do
It cannot be assessed before you apply: Home Affairs says eligibility for a discretion is decided only within an application. It does not replace the citizenship test, the character requirement or the identity checks. And it does not cover time abroad before you became a permanent resident. If your problem is time on a temporary visa rather than time overseas, read the page on every ministerial discretion, which explains the hardship and administrative error options.
Cost for a couple
Only the migrant partner applies, so one fee is paid: $595 for an applicant aged 18 to 59, or $85 with a Pensioner Concession Card. Children under 16 who are permanent residents can be added to the same form at no charge.