Explainer: how do Australia’s proposed citizenship laws compare internationally?


Sangeetha Pillai, UNSW

Debate will resume in parliament this week over the government’s proposed changes to Australian citizenship laws. Among the reforms is a requirement for migrants to be permanent residents of Australia for four years before applying for citizenship – an increase from the current requirement of one year.

In a doorstop interview in June, Immigration Minister Peter Dutton said such an increase:

… brings us short of where Germany is at eight years for example, in Canada it’s something like four or five years, the United Kingdom four years as well.

It’s not entirely clear whether he was referring to the time a prospective citizen must have spent as a permanent resident in those countries before being eligible to apply for citizenship, or the total time they must have lived in the country before being eligible. But how would the proposed changes to Australian citizenship compare on both measures?


Further reading: Explainer: the proposed changes to Australian citizenship


Permanent residency and citizenship requirements in Australia

The changes would affect different groups of migrants in different ways. This is because there are big variations in the time it takes for a person to be eligible to apply for permanent residency after they come to Australia.

The quickest path to permanent residency does not require a person to have lived in Australia at all. For example, foreign workers who work in jobs listed on Australia’s skilled occupations list may apply for permanent residency from outside Australia, where they are invited to do so by the government, or nominated by an approved Australian employer.

But most skilled migrants apply from within Australia, and they face longer wait times. For example, a person on a temporary skilled 457 visa can apply for permanent residency after working in Australia for two years, provided their employer wants to offer them a permanent position.

Refugees who arrived in Australia by boat have the longest wait. They must first apply for a temporary Safe Haven Enterprise Visa, which allows them to apply for permanent residency after three-and-a-half years working or studying in regional Australia, provided they can also meet the eligibility criteria for a permanent visa.

So, the minimum time that migrants in these three groups must live in Australia before becoming eligible for permanent residency ranges from zero to three-and-a-half years.

Despite this, under current law, the minimum time in which different groups of migrants can become eligible for citizenship is actually pretty even: four years for skilled workers in either category, and four-and-a-half years for refugees who arrive by boat. This is because the current requirements take into account the time a person has spent living in Australia before becoming a permanent resident.

Under the proposed changes, things will get much more uneven, because the time a person spends in Australia before gaining permanent residency will no longer count. Migrants that face longer roads to permanent residency will be hardest hit by the changes. For example:

  • Things stay the same for skilled workers with immediate access to permanent residency. They will need to live in Australia for at least four years before they can apply for citizenship.

  • Skilled workers who start out on 457 visas will need to live in Australia for at least six years before they can apply for citizenship. That’s two years longer than under current law.

  • Refugees who arrive by boat will need to live in Australia for at least seven-and-a-half years. That’s three years longer than under current law.


Further reading: Minister to get unprecedented power if Australia’s new citizenship bill is passed


Requirements in Germany

Migrants who live in Germany are usually entitled to permanent residency (known as a “settlement permit”) after five years, provided they can meet particular conditions.

However, it is possible for some people to become permanent residents in less than five years. For instance, spouses of German citizens can acquire permanent residency in three years. Reduced periods also apply for graduates of German universities.

A person must be a permanent resident to become a citizen. But there’s no legal requirement to have held permanent residency for any particular length of time.

To be eligible for citizenship, migrants must generally have lived in Germany for at least eight years. But this rule is relaxed in certain circumstances:

  • People who complete a German integration course can apply for citizenship after seven years – or six years if they can prove a higher level of integration.

  • Families can apply together – even if only one parent has met the eight-year residence requirement.

  • Refugees can apply after six years.

  • Spouses of German citizens can do so after three years.

German authorities also have the discretion to grant citizenship to a person who has lived in Germany for less than eight years but who doesn’t fall into any of these categories.

Requirements in Canada

In Canada, migrants applying for citizenship must have been present in Canada as a permanent resident for 1,460 days – or four years – in the six years leading up to their citizenship application. But this is expected to change in coming months.

Canada recently passed a law reducing the permanent residency requirements for prospective citizens. When the law comes into effect, people will need to have been present in Canada as a permanent resident for 1,095 days – or three years – in the five years before their application.

Canada’s requirements are similar to the proposed Australian requirements in that a migrant must be a permanent resident for several years before they can apply for citizenship. But it is often possible to apply for permanent residence from outside Canada, or after relatively short residency periods.

For example, experienced skilled foreign workers, family members of Canadian citizens or permanent residents, and refugees can all apply for immediate permanent residence. Temporary foreign workers can apply for permanent residence after gaining one year of work experience in Canada.

Requirements in the UK

Prospective UK citizens must generally have lived in the UK for at least five years, and been a permanent resident for at least one year leading up to their application.

It usually takes five years for a migrant to become eligible for permanent residency. This means it’s generally necessary for an applicant to live in the UK for six years before they can apply for citizenship.

Some migrants can gain permanent residency in less than five years. For example, some entrepreneurs and investors become eligible after two-to-three years. People who take advantage of these shorter routes to permanent residency can apply for citizenship after five years.

The road to citizenship is much shorter for spouses of UK citizens, who can apply after living in the UK for three years, provided they have acquired permanent residency at any point during this time. Permanent residency timeframes are also relaxed: spouses of UK citizens or permanent residents need only have lived in the UK for two years.

How would Australia compare?

So, the proposed Australian timeframe of four years’ permanent residency before citizenship is:

  • longer than Germany’s requirements, which do not specify a minimum permanent residency period;

  • the same as Canada’s current requirement of four years, but longer than Canada’s incoming requirement of three years; and

  • longer than the UK’s requirement of one year.

In terms of the total time it would take before being eligible to apply for citizenship in Australia (ranging from four years to up to seven-and-a-half years for refugees who arrive by boat), the proposed changes would be:

  • similar to the German period of three to eight years;

  • generally longer than both the current Canadian period of four to five years and the new period of three to four years; and

  • similar to the UK period of three to six years.

Whether or not a prospective citizen would face a longer wait in Australia compared to Germany, Canada or the UK comes down to their individual circumstances.

The ConversationFor example, some skilled migrants who can gain Australian permanent residency immediately and citizenship in four years may face longer waits in Germany and the UK. But that’s untrue for other individuals and groups, such as refugees, who would face a longer wait in Australia.

Sangeetha Pillai, Senior Research Associate, Andrew & Renata Kaldor Centre for International Refugee Law, UNSW Law School, UNSW

This article was originally published on The Conversation. Read the original article.

Could you pass the proposed English test for Australian citizenship?



File 20170613 16669 1ipiaon
English language tests will be used to decide Australian citizenship.
from shutterstock.com

Misty Adoniou, University of Canberra

The Australian government is proposing tough new English language competency requirements for those seeking Australian citizenship.

Alongside a test of Australian values, and proof of your integration into Australian society, you’ll need to prove you can read, write and speak English at a competent level

We’ve been here before

Question: What do these two excerpts have in common – besides their clumsy sentence structure?

  1. If the land is ploughed when wet the furrows may, and in all probability will, wear a more finished appearance, and will be more pleasant to the eye, but land so ploughed will be more inclined to become set or baked, and when in this state will not produce a maximum yield.

  2. By carefully preplanning projects, implementing pollution control measures, monitoring the effects of mining and rehabilitating mined areas, the coal industry minimises the impact on the neighbouring community, the immediate environment and long-term land capability.

Answer: They are both language tests used to decide Australian citizenship.

The first is a 50 word dictation test that was key to the White Australia Policy. It was used to keep non-Europeans out of Australia.

Even if you passed the test in English, the immigration officer had the right to test you again in another European language. It was used from 1901 until 1958.

The second one is 50 words from a 1000 word reading comprehension exam with 40 questions that you must complete in 60 minutes.

This test is key to Australia’s proposed new Citizenship test. You must also write two essays, do a 30 minute listening test and a 15 minute speaking exam. If it passes through Parliament this week, it will be used from 2017.

Aspiring Australian citizens will need to score a Band 6 on the general stream of the International English Language Testing System (IELTS) test, the same score as those seeking entry to Australia’s top university.

So, could you pass the test?

The reading test

You have 60 minutes to read at least four texts taken from magazines, newspapers or training manuals, and answer 40 comprehension questions. Your short answer responses are also assessed for grammar and spelling. Here is an excerpt from a piece about bee behaviour.

The direction of the sun is represented by the top of the hive wall. If she runs straight up, this means that the feeding place is in the same direction as the sun. However, if, for example, the feeding place is 40 degrees to the left of the sun, then the dancer would run 40 degrees to the left of the vertical line.

Try the test for yourself.

The writing test

You have 60 minutes to complete two writing tasks. For example,

Write a letter to the accommodation officer complaining about your room mate and asking for a new room.

You are marked on the length of your response, its cohesion, vocabulary and grammar.

To give you something to gauge yourself by, this one didn’t achieve the required score of 6. It begins,

Dear Sir/Madam, I am writing to express my dissatisfaction with my room-mate. As you know we share one room, I can not study in the room at all any more if I still stay there.

As Senator Penny Wong observed about the test,

“Frankly if English grammar is the test there might be a few members of parliament who might struggle.”

Currently our national school test results from NAPLAN show that 15.3% of Year 9 students are below benchmark in writing. This means they would not achieve a Band 6 on the IELTS test.

A fair test?

I prepared students for the IELTS test when I lived and taught in Greece. They needed a score of 6 to get into Foundation courses in British universities. It wasn’t an easy test and sometimes it took them more than one try to succeed.

My students were middle class, living comfortably at home with mum and dad. They had been to school all their lives and were highly competent readers and writers in their mother tongue of Greek.

They had been learning English at school since Grade 4, and doing private English tuition after school for even longer. Essentially they had been preparing for their IELTS test for at least 8 years.

They were not 40-year-old women whose lives as refugees has meant they have never been to school, and cannot read and write in their mother tongue.

Neither were they adjusting to a new culture, trying to find affordable accommodation and a job while simultaneously dealing with post-traumatic stress and the challenge of settling their teenage children into a brand new world.

Learning a language takes time

Even if we conclude that tests about dancing bees and recalcitrant room-mates are fit for the purpose of assessing worthiness for citizenship – and that is surely very debatable – we must acknowledge that it is going to take a very long time for our most vulnerable aspiring citizens to reach a proficiency that will enable them to pass the test.

Currently we offer them 510 hours of free English tuition. That is at least 5 years short of what the research says is required to reach English language competency.

Testing English doesn’t teach it

The three ingredients of successful language learning are motivation, opportunity and good tuition.

The Australian government must address all three if it wishes to increase the English language proficiency of its citizens.

An English language test may appear to be a compelling motivation to learn the language, but without the opportunity to learn and excellent tuition over time, the test is not a motivation. It is an unfair barrier to anyone for whom English is not their mother tongue.

The ConversationAnd then this new policy starts to look and feel like Australia’s old White Australia Policy.

Misty Adoniou, Associate Professor in Language, Literacy and TESL, University of Canberra

This article was originally published on The Conversation. Read the original article.

Australian Politics: 24 July 2013


The latest asylum seeker ‘solution’ proposed in Australia continues to gather a lot of attention in Australian politics. The links below are to articles that look at the policy from varying prospectives. The first article is an in-depth look at the situation in Papua New Guinea.

For more visit:
http://www.theglobalmail.org/feature/for-those-whove-come-across-the-seas-a-short-trip-to-png/662/
http://www.theaustralian.com.au/national-affairs/immigration/asylum-seeker-boat-sinks-off-indonesia/story-fn9hm1gu-1226684079708

As the Kevin Rudd experiment continues to be a winner for Labor, the Liberals are beginning to face the leadership change question themselves, with a possible shift from Tony Abbott to Malcolm Turnbull becoming popular among voters.

For more visit:
http://www.dailytelegraph.com.au/newslocal/city-east/voters-turning-to-turnbull-over-abbott-but-liberals-say-theres-no-chance-of-leadership-challenge/story-fngr8h22-1226683907946

Australian Politics: 11 July 2013


Labelled a stunt by many and ignored by Tony Abbott, a proposed political debate between Kevin Rudd and Tony Abbott didn’t happen at the National Press Club today. The debate was proposed by Kevin Rudd, but Tony Abbott wanted nothing to do with it. So instead of a debate, Kevin Rudd delivered an address on the economy. The link below is to an article that reports on the address.

For more visit:
http://www.guardian.co.uk/world/2013/jul/11/kevin-rudd-seven-point-plan


Meanwhile, in Queensland the great politicians pay rise debate has continued with the premier now taking ‘action.’


Then of course there was more Kevin Rudd bashing by all and sundry. This time over a Twitter photo. My take – what’s wrong with Kevin Rudd being human and normal. I think the whiners need to take a long cold shower.

Australian Politics: 9 July 2013


A lot has changed over the last couple of weeks in Australian politics. Pressure on the coalition is beginning to increase as the election slowly draws closer and as the government under Kevin Rudd claws back much lost ground and re-election begins to look a more and more viable prospect. ALP reform is increasingly a vote winner for the government and the link below is to an article that takes a closer look at the proposed reforms.

For more visit:
http://www.guardian.co.uk/world/2013/jul/08/kevin-rudd-bolster-labor-pms


After applying months of intense scrutiny to Peter Slipper and Craig Thompson concerning various alleged rorts, Opposition leader Tony Abbott is now facing his own travel rorts scandal for wrongly claimed travel expenses. Will Tony Abbott now do what he expected to be done concerning those he criticised opposite him? Unlikely I’d say. The link below is to an article reporting on the matter.

For more visit:
http://www.guardian.co.uk/world/2013/jul/09/tony-abbott-refusal-travel-expenses

Also of current interest is the climate change denial policies of the Coalition under Tony Abbott and the link below is to an article that takes a look at that.

For more visit:
http://www.guardian.co.uk/environment/southern-crossroads/2013/jul/08/tony-abbott-climate-policy-australia

On a lighter note (perhaps), the link below is to an article that takes a look at the ‘tie’ in Australian politics.

For more visit:
http://www.guardian.co.uk/commentisfree/2013/jul/09/tie-colour-kevin-rudd

Then there is the size of the senate election voting ballot form…

Article: Zimbabwe – Bizarre AIDS Solution Put Forward


The link below is to an article reporting on a bizarre solution to AIDS proposed by a politician in Zimbabwe.

For more visit:
http://www.globalpost.com/dispatches/globalpost-blogs/chatter/how-reduce-hiv-zimbabwe-make-women-uglier

Article: Church of England Rejects Unity Covenant


The following article reports on the rejection of a ‘unity covenant’ proposed in an attempt to hold the denomination together. The battle for unity within the Anglican Church has arisen because of divisions to do with homosexuality and female clergy.

http://global.christianpost.com/news/anglican-unity-covenant-voted-down-by-church-of-england-72267/

Police in Sudan Aid Muslim’s Effort to Take Over Church Plot


With possibility of secession by Southern Sudan, church leaders in north fear more land grabs.

NAIROBI, Kenya, October 25 (CDN) — Police in Sudan evicted the staff of a Presbyterian church from its events and office site in Khartoum earlier this month, aiding a Muslim businessman’s effort to seize the property.

Christians in Sudan’s capital city told Compass that police entered the compound of the Sudan Presbyterian Evangelical Church (SPEC) on Oct. 4 at around 2 p.m. and ordered workers to leave, claiming that the land belonged to Muslim businessman Osman al Tayeb. When asked to show evidence of Al Tayeb’s ownership, however, officers failed to produce any documentation, the sources said.

The church had signed a contract with al Tayeb stipulating the terms under which he could attain the property – including providing legal documents such as a construction permit and then obtaining final approval from SPEC – but those terms remained unmet, church officials said.

Church leader Deng Bol said that under terms of the unfulfilled contract, the SPEC would turn the property over to al Tayeb to construct a business center on the site, with the denomination to receive a share of the returns from the commercial enterprise and regain ownership of the plot after 80 years.

“But the investor failed to produce a single document from the concerned authorities” and therefore resorted to police action to secure the property, Bol said.

SPEC leaders had yet to approve the project because of the high risk of permanently losing the property, he said.

“The SPEC feared that they were going to lose the property after 80 years if they accepted the proposed contract,” Bol said.

SPEC leaders have undertaken legal action to recover the property, he said. The disputed plot of 2,232 square meters is located in a busy part of the heart of Khartoum, where it has been used for Christian rallies and related activities.

“The plot is registered in the name of the church and should not be sold or transfered for any other activities, only for church-related programs,” a church elder who requested anonymity said.

The Rev. Philip Akway, general secretary of the SPEC, told Compass that the government might be annoyed that Christian activities have taken place there for many decades.

“Muslim groups are not happy with the church in north Sudan, therefore they try to cause tension in the church,” Akway told Compass.

The policeman leading the officers in the eviction on Oct. 4 verbally threatened to shoot anyone who interfered, Christian sources said.

“We have orders from higher authorities,” the policeman shouted at the growing throng of irate Christians.

A Christian association called Living Water had planned an exhibit at the SPEC compound on Oct. 6, but an organization leader arrived to find the place fenced off and deserted except for four policemen at the gate, sources said.

SPEC leaders said Muslims have taken over many other Christian properties through similar ploys.

“We see this as a direct plot against their churches’ estates in Sudan,” Akway said.

The Rev. John Tau, vice-moderator for SPEC, said the site where Al Tayeb plans to erect three towers was not targeted accidentally.

“The Muslim businessman seems to be targeting strategic places of the church in order to stop the church from reaching Muslims in the North Sudan,” Tau said.

The unnamed elder said church leaders believe the property grab came in anticipation of the proposed north-south division of Sudan. With less than three months until a Jan. 9 referendum on splitting the country according to the Comprehensive Peace Agreement of 2005, SPEC leaders have taken a number of measures to guard against what it sees as government interference in church affairs.

Many southern Sudanese Christians fear losing citizenship if south Sudan votes for secession in the forthcoming referendum.

A top Sudanese official has said people in south Sudan will no longer be citizens of the north if their region votes for independence. Information Minister Kamal Obeid told state media last month that south Sudanese will be considered citizens of another state if they choose independence, which led many northern-based southern Sudanese to begin packing.

At the same time, President Omar al-Bashir promised full protection for southern Sudanese and their properties in a recent address. His speech was reinforced by Vice President Ali Osman Taha’s address during a political conference in Juba regarding the signing of a security agreement with First Vice President Salva Kiir Mayardit (also president of the semi-autonomous Government of Southern Sudan), but Obeid’s words have not been forgotten.

Akway of SPEC said it is difficult to know what will become of the property.

“Police continue to guard the compound, and nobody knows for sure what the coming days will bring,” Akway said. “With just less than three months left for the South to decide its fate, we are forced to see this move as a serious development against the church in Sudan.”

Report from Compass Direct News

Christian in Bhutan Imprisoned for Showing Film on Christ


Court sentences him to three years on dubious charge of ‘attempt to promote civil unrest.’

NEW DELHI, October 18 (CDN) — A court in predominantly Buddhist Bhutan has sentenced a Christian to three years in prison for “attempting to promote civil unrest” by screening films on Christianity.

A local court in Gelephu convicted Prem Singh Gurung, a 40-year-old ethnic Nepalese citizen from Sarpang district in south Bhutan, on Oct. 6, according to the government-run daily Kuensel.

Gurung was arrested four months ago after local residents complained that he was showing Christian films in Gonggaon and Simkharkha villages in Jigmecholing block. Gurung invited villagers to watch Nepali movies, and between each feature he showed films on Christianity.

Government attorneys could not prove “beyond reasonable doubt” that Gurung promoted civil unrest, and therefore “he was charged with an attempt to promote civil unrest,” the daily reported.

Gurung was also charged with violation of the Bhutan Information, Communication and Media Act of 2006. Sections 105(1) and 110 of this law require that authorities examine all films before public screening.

A Christian from Bhutan’s capital, Thimphu, told Compass that the conviction of Gurung disturbed area villagers.

While Gurung has the right to appeal, it remained unclear if he had the resources to take that course.

Both Gonggaon and Simkharkha are virtually inaccessible. It can take up to 24 and 48 hours to reach the villages from the nearest road.

“Both villages do not have electricity,” the daily reported. “But Prem Singh Gurung, with the help of some people, is believed to have carried a projector and a generator to screen the movies in the village.”

Over 75 percent of the 683,407 people in Bhutan are Buddhist, mainly from western and eastern parts. Hindus, mostly ethnic Nepalese from southern Bhutan, are estimated to be around 22 percent of the population.

It is also estimated that around 6,000 Bhutanese, mostly from south, are Christian in this landlocked nation between India and China. However, their presence is not officially acknowledged in the country. As a result, they practice their faith from the confines of their homes, with no Christian institution officially registered.

Buddhism is the state religion in Bhutan, and the government is mandated to protect its culture and religion according to the 2008 constitution. As in other parts of South Asia, people in Bhutan mistakenly believe that Christianity is a Western faith and that missionaries give monetary benefits to convert people from other religions.

Yesterday’s Kuensel published an opinion piece by a Bhutanese woman from New York who described herself as “an aspiring Buddhist” condemning both the conviction of Gurung and Christian “tactics.”

“Although we may not like the tactics used by the Christians to proselytize or ‘sell’ their religion to impoverished and vulnerable groups, let’s not lose sight of the bigger picture, in terms of religious tolerance, and what constitutes ‘promoting civil unrest,’” wrote Sonam Ongmo. “If we truly want to establish ourselves as a well-functioning democracy, with equal rights for all, let’s start with one of the fundamental ones – the right to choose one’s faith. We have nothing to worry about Buddhism losing ground to Christianity, but we will if, as a predominantly Buddhist state, we start to deny people the right to their faith.”

While her view is representative of liberal Buddhists in Bhutan, a reader’s response in a forum on Kuensel’s website reflected the harder line.

“These Christians are a cancer to our society,” wrote a reader identifying himself as The Last Dragon. “They had crusades after crusades – we don’t need that. We are very happy with Buddhism. Once Christianity is perfect – as they always claim [it] to be, then let’s see.”

In July, the government of Bhutan proposed an amendment in the Penal Code of Bhutan which would punish “proselytizing” that “uses coercion or other forms of inducement.” (See,  “Buddhist Bhutan Proposes ‘Anti-Conversion’ Law,” July 21.)

Christian persecution arose in Bhutan in the 1980s, when the king began a “one-nation, one-people” campaign to “protect the country’s sovereignty and cultural integrity.” Ethnic Nepalese, however, protested the move on grounds of discrimination. Authorities responded militarily, leading to the expulsion or voluntary migration of over 100,000 ethnic Nepalese, many of whom were secret Christians, to the Nepal side of the border in Jhapa in the early 1990s.

An absolute monarchy for over 100 years, Bhutan became a democratic, constitutional monarchy in March 2008, in accordance with the wish of former King Jigme Singye Wangchuck, who served from 1972 to 2006. Since the advent of democracy, the country has brought in many reforms. It is generally believed that the government is gradually giving more freedom to its citizens.

The present king, Jigme Khesar Namgyel Wangchuck, and Prime Minister Lyonchen Jigmey Thinley, are respected by almost all Bhutanese and are seen as benevolent rulers.

Report from Compass Direct News