Australian Citizenship (special residence requirement) Instrument (LIN 21/069) 2021

Australian Citizenship (special residence requirement) Instrument (LIN 21/069) 2021

made under section 22C of the Australian Citizenship Act 2007

Compilation No. 1 

Compilation date: 21 March 2026

Includes amendments: Australian Citizenship (special residence requirement) Amendment (Measures No. 1) Instrument 2026 (F2026L00276)

About this compilation

This compilation

This is a compilation of the Australian Citizenship (special residence requirement) Instrument (LIN 21/069) 2021 that shows the text of the law as amended and in force on 21 March 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary.......................................................

1  Name.................................................1

2A Authority..............................................1

3  Definitions.............................................1

Part 2—Specified activities, organisations and kinds of work....................2

5  Specified activities and organisations..........................2

6  Specified kinds of work....................................2

7  Specified work – work of a minister of religion in a senior leadership position              3

Part 3—Application and transition provisions................................4

8  Application of amendments in LIN 26/024.......................4

Endnotes  5

Endnote 1—About the endnotes       

Endnote 2—Abbreviation key 

Endnote 3—Legislation history 

Endnote 4—Amendment history 

Part 1—Preliminary

1  Name

  This instrument is the Australian Citizenship (special residence requirement) Instrument (LIN 21/069) 2021.

2A  Authority

  This instrument is made under section 22C of the Australian Citizenship Act 2007.

3  Definitions

  In this instrument:

Act means the Australian Citizenship Act 2007.

ICC means the International Cricket Council.

LIN 26/024 means the Australian Citizenship (special residence requirement) Amendment (Measures No. 1) Instrument 2026.

Migration Regulations means the Migration Regulations 1994. 

participation in an Australian team means participation by a person who is an athlete in an Australian sports team. 

relevant talent visa means one of the following visas, excluding those for which an applicant received an invitation from the Department to apply for: 

(a) a Distinguished Talent (Migrant) (Class AL) visa, within the meaning given by the Migration Regulations, in respect of which an application was made before 14 November 2020; or

(b) a Distinguished Talent (Residence) (Class BX) visa, within the meaning given by the Migration Regulations, in respect of which an application was made before 27 February 2021; or

(c) a Global Talent (Class BX) visa, within the meaning given by the Migration Regulations, in respect of which an application was made on or after 27 February 2021. 

S&P/ASX All Australia 200 listed company means one of the 200 Australian Securities Exchange listed companies in the S&P/ASX 200 share market index. scientist means someone with an expert knowledge of science, including someone professionally qualified in one or more of the branches of science. 

Note 1: The branches of science include natural science, social science and formal science.

Note 2: The companies in the S&P/ASX All Australia 200 are listed at https://www.spglobal.com/spdji/en/indices/equity/sp-asx-200/#data and are ordinarily rebalanced every quarter.

Part 2—Specified activities, organisations and kinds of work

5 Specified activities and organisations

  Under subsections 22C(1) and (2) of the Act:

(a) for subparagraph 22A(1)(a)(i), an activity mentioned in an item of the following table is specified; and

(b) for paragraph 22A(1)(b), an organisation mentioned in an item of the following table is specified in relation to the activity mentioned for the item. 

6 Specified kinds of work

 (1) Under subsection 22C(3) of the Act, for paragraph 22B(1)(a), the kinds of work set out in subsections (2) and (3) are specified.

 (2) Work that is:

(a) done on duty by a crew member of a ship or aircraft; or 

(b) done on duty on a resources installation or a sea installation; or

(c) done in the course of duty by an employee of an S&P/ASX All Australian 200 listed company in one of the following positions: 

 (i) a chief executive officer; or

 (ii) an executive manager; or

(d) research and development of benefit to Australia done as:

 (i) a scientist; or

 (ii) an academic;

who has been awarded a Doctor of Philosophy in their field of speciality and is employed by an Australian university; or

(e) done in the course of duty as a scientist employed by:

 (i) the Commonwealth Scientific and Industrial Research Organisation; or

 (ii) a medical research institute that is a member of the Association of Australian Medical Research Institutes; or

(f) done in the course of duty as a medical specialist of internationally recognised record of exceptional and outstanding achievement in their field of speciality, who:

 (i) is a fellow of an organisation listed in column 1 of an item in the table in clause 1 in Schedule 1 to the Health Insurance Regulations 2018; and

 (ii) holds a qualification relevant to the organisation. 

 (3) Work that is in one of the following areas:

(a) academia and research; or

(b) the arts; or

(c) a profession; or

(d) a sport;

where the particular kind of work is done by a person who is or has been a primary holder of a relevant talent visa and the visa was granted based on an internationally recognised record of exceptional and outstanding achievement in the same area. 

7  Specified work—work of a minister of religion in a senior leadership position

 (1) For the purposes of paragraph 22B(1)(a) of the Act, the work of a minister of religion in a senior leadership position in a religious organisation is specified.

 (2) For subsection (1), the work of a minister of religion in a senior leadership position includes activities undertaken in the course of performing the following:

 (a) senior religious leadership and pastoral duties;

 (b) executive governance or administrative functions of the religious organisation;

 (c) ceremonial, representative or community engagement duties carried out in the person’s capacity as a minister of religion in a senior leadership position.

Part 3—Application and transitional provisions

8  Application of amendments in LIN 26/024

  The amendments of this instrument made by LIN 26/024 apply in relation to an application for citizenship made on or after the day on which LIN 26/024 commences.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history