Purpose of the Bill

The purpose of the Home Affairs Legislation Amendment (2025 Measures No. 2) Bill 2025 (the Bill) is to amend the Australian Citizenship Act 2007 (Citizenship Act) and the Migration Act 1958 to:

• expand the type of images of a person which may be captured and collected under the Citizenship Act and the Migration Act for identification purposes and validate the collection of these images by the Department prior to the amendments having commenced (Schedule 1)
• provide the Minister with the power to determine that an applicant for Australian citizenship meets the special residency requirement under section 22A of the Citizenship Act, without needing to be satisfied they have been present in Australia for at least 180 days during the period of 2 years immediately before the day they make their application (Schedule 2)
• remove the requirement that an applicant who is granted citizenship under the alternative residence requirements of section 22A must be present in Australia for a total of at least 180 days during the 2‑year period following their acquisition of citizenship (Schedule 2).

Structure of this Bills Digest

As the matters covered by each of the Schedules are independent of each other, the relevant background, stakeholder comments (where available) and analysis of the provisions are set out under two different sections.

Schedule 1: Amendments relating to provision and collection of personal identifiers

Use of personal identifiers

A biometric – referred to as ‘personal identifiers’ in the Migration Act and the Citizenship Act – is a unique identifier that is based on individual physical characteristics which can be digitised for automated storage and checking (p. 3). Examples include the fingerprints or handprints of a person, an iris scan, or a photograph or other image of a person’s face and shoulders.

Biometrics for migration purposes were first established by the enactment of the Migration Legislation Amendment (Identification and Authentication) Act 2004. According to the Minister, ‘[t]he last major changes to the department's collection of biometrics were made by the Migration Amendment (Strengthening Biometrics Integrity) Bill 2015.’

The Department of Home Affairs (the Department) has authority under the Migration Act to collect a range of personal identifiers from citizens and non-citizens, including citizens and non-citizens entering and departing Australia, visa applicants and other non-citizens in the Australian community, and persons in immigration detention.

The Department also has the authority under the Citizenship Act to collect a range of personal identifiers from persons applying for Australian citizenship and evidence of Australian citizenship, seeking renunciation of their Australian citizenship, and for persons sitting the citizenship test.

Key provisions

Currently paragraph 5A(1)(c) of the Migration Act provides that a personal identifier includes ‘a photograph or other image of a person's face and shoulders’. Paragraph 10(1)(c) of the Citizenship Act also includes a definition of a personal identifier along the same lines. Currently this definition could exclude the capturing and storing of images that only include a person’s face, or a person’s face and neck, or a person’s face, neck and shoulders.

The Bill will remove the references to ‘and shoulders’ in both Acts. The Bill also introduces provisions clarifying that a reference to a person’s face includes the person’s face and all or part of the person’s neck, or the person’s face and neck, and all or part of the person’s shoulders (proposed section 10A of the Citizenship Act and proposed section 5BA of the Migration Act). This includes references in the relevant Act and references in any instruments made under that Act. This will allow greater flexibility as to what image of the person may be captured.

Proposed section 10B of the Citizenship Act and proposed section 5BC of the Migration Act provide that where a person has been required to provide an image of their face to either the Minister or an authorised person, and the image provided includes parts of their body, the person will have satisfied this requirement if the Department can derive an image of their face (for example, through cropping the original image). Proposed section 5BB of the Migration Act clarifies that this will include where a person is required to have their image captured by an authorised system (for example, when a person chooses to enter or exit Australia via a SmartGate):

The provisions also expressly allow for a SmartGate or the department to derive a photograph or other image of a person's face, in circumstances where more of their body is captured. For example, if a person presents to a SmartGate, and the original image includes their upper body. (p. 10)

The provisions in Part 2 of Schedule 1 of the Bill retrospectively validate actions that were undertaken prior to the commencement of the provisions in Part 1 of Schedule 1 (discussed above). Specifically, a person who has previously submitted to an authorised system or otherwise provided a photograph or other image to the Department prior to the commencement of the provisions in Part 1 of the Bill will be considered to have met the relevant requirements. Any action taken by the Department relying on previously collected images (including through an authorised system) of a person’s face; face and neck; or face, neck and shoulders that was not fully compliant with the requirements in the Migration Act or the Citizenship Act will now be retrospectively validated to have satisfied the requirement. This will include the collection of those images by the Department.

The Government has stated that these amendments ‘will not result in any penalties or disadvantages to a person who has previously provided a facial image to the Minister or the Department or presented to an authorised system’ (p. 2). Arguably, the amendments may result in a person being unable to bring a legal challenge on the basis that the collection of their image by the Department was not compliant with requirements in either the Migration Act or the Citizenship Act.

Schedule 2: Amendments relating to special residence requirements for Australian citizenship

Background – residence requirements for citizenship

Generally, applicants for Australian citizenship by conferral must meet a general residence requirement, which is set out in section 22 of the Citizenship Act. To satisfy the residence requirement, applicants must have been lawfully resident in Australia for a minimum of 4 years, with presence in Australia as a permanent resident (that is, having held a permanent visa or were a New Zealand citizen holding a Special Category visa) in the 12-month period immediately before the application was made. Absences from Australia must be of no more than 12 months in total in the 4 years prior to application, and no more than 90 days in the 12‑month period of permanent residence prior to application.

There are, however, a number of variations to this residence requirement provided for in the Citizenship Act.

Special residence requirements

Sections 22A and 22B provide alternatives to the general requirements set out in section 22. Section 22A sets out the special residence requirement for persons engaging in activities that are of benefit to Australia. This encompasses cases where the person needs to be a citizen in order to engage in the activity or event. Listed activities include people employed in certain positions in Commonwealth entities requiring a negative vetting 2 or higher security clearance, and participants in certain Australian sporting teams including in the Olympic, Paralympic and Commonwealth Games and certain international cricket and tennis competitions.

In these circumstances, the residence requirements are presence in Australia for at least 180 days during the 2 years prior to the application, and at least 90 days in the 12 months prior to the application, and that the person was a permanent resident and was ordinarily resident in Australia during the 2 years prior to the application. A person is ‘ordinarily resident’ in a country where a person has their home, or where the country is their permanent abode even if they are temporarily absent from that country (Citizenship Act, section 3).

Section 22B sets out the special residence requirement for persons engaged in particular kinds of work requiring regular travel outside Australia. The kinds of work specified in the relevant instrument include airline and maritime crew, certain company senior executives, certain scientific or medical specialists, and certain work in association with the person’s relevant talent visa (the visas specified in the instrument have subsequently been replaced by the National Innovation visa).

In these circumstances, the residence requirements are presence in Australia for at least 480 days during the 4 years prior to the application and at least 120 days in the 12 months prior to the application, and that the person was ordinarily resident in Australia during the 4 years prior to the application, and was a permanent resident for the 12 months prior to the application.

Section 23 sets out the defence service requirement for persons who have undertaken relevant defence service and their family members in certain circumstances.

Alternative residence requirements – ministerial discretion

Sections 22A and 22B also provide for alternative residence requirements which are personal powers of the Minister to determine that specified paragraphs of the respective special residence requirements do not apply and that other, less onerous, requirements may apply instead (subsections 22A(1A) and 22B(1A) respectively). The alternative residence requirements still require specified periods of presence in Australia and as a permanent resident.

Under both alternative residence requirements, an applicant must give the Minister an undertaking that, if they acquire citizenship through the alternative residence requirements, they will be ordinarily resident in Australia for the 2 years following acquisition of citizenship, they will be physically present in Australia for at least 180 days during that 2-year period, and they understand that their citizenship can be revoked by the Minister if they do not comply with this undertaking (under section 34A of the Citizenship Act).

Previous changes

The instrument regarding the special residence requirement was made in 2021, repealing the previous instrument from 2013. The 2021 instrument broadened the scope of activities and kinds of work under the special residence requirements to include participation in the Commonwealth Games, and specified kinds of work under the relevant talent visa. The kinds of work, previously limited to writers and visual or performing artists, was expanded to include the arts more broadly, academia and research, a profession, or a sport, where the grant of the talent visa was on the basis of that kind of work.

The 2021 instrument was made following campaigning including from high-profile sports players, notably rugby union player Quade Cooper. Cooper was a New Zealand citizen but had lived in Australia since the age of 13. However, due to time spent playing overseas, he did not meet the residence requirements under the previous arrangements.

Positions of major interest groups

On 8 October 2025, the day the Bill was introduced to the House, the Australian Olympic Committee (AOC) and Paralympics Australia issued a news release welcoming the proposed amendments to the residence requirements. It states that:

The change follows a request from the AOC during a recent meeting with Minister Burke, where the issue was raised on behalf of athletes who, despite representing Australia internationally, have faced barriers to citizenship due to time spent training and competing abroad.

The article reports AOC Chief Executive Officer Mark Arbib (who was Minister for Sport in the Gillard Government) as saying ‘the announcement represents a fair and sensible outcome for athletes and coaches who already embody Australian values and proudly compete for the nation’.

Media has reported on positive reactions from athletes.

Key provisions

Schedule 2 of the Bill makes amendments principally concerning section 22A of the Citizenship Act on the special residence requirement – persons engaging in activities that are of benefit to Australia.

Currently, paragraph 22A(1)(c) provides that in order to meet the special residence requirement, an applicant must be present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the applicant made the application.

Items 1 and 2 of Schedule 2 of the Bill amend subsection 22A(1A) to provide that the Minister may determine that paragraph 22A(1)(c) does not apply in relation to the applicant, that is, the applicant meets the special residence requirement without needing to have been present in Australia for at least 180 days during the previous 2 years. This is in addition to the current power of ministerial discretion in subsection 22A(1A) regarding paragraphs 22A(1)(d) to 22A(1)(g), which also concern special residence requirements.

Item 3 replaces paragraphs 22A(1A)(e) and 22A(1A)(f) with proposed paragraphs 22A(1A)(e) and 22A(1A)(f), the effect of which is to remove the requirement that an applicant who is granted citizenship under the alternative residence requirements must be present in Australia for a total of at least 180 days during the 2‑year period following their acquisition of citizenship. The requirement that the applicant be ‘ordinarily resident’ in Australia during that period remains unchanged.

Item 4 amends section 34A of the Citizenship Act concerning the Minister’s power to revoke citizenship acquired under the special residence requirements. The amendments, replacing existing paragraph 34A(1)(c) and substituting proposed paragraphs 34A(1)(c) and 34A(1)(d), are to account for the amendments to subsection 22A(1A) made by items 1–3. This has the effect of removing the ground for revocation of citizenship for a person who was not or will not be present in Australia for a total of at least 180 days during the 2‑year period following acquisition if the Minister exercised the alternative residence requirements power under subsection 22A(1A) to grant the person citizenship.

Item 6 (application of amendments) provides that this amendment applies to a person regardless of when they became a citizen, so that people who acquired citizenship prior to, as well as after, the commencement of Schedule 2 will also not be subject to this residence provision.

The Bill does not amend the special or alternative residence requirements under section 22B – persons engaged in particular kinds of work requiring regular travel outside Australia.