Author: Jessica Ross – Immigration Lawyer
Are you someone navigating Australia’s visa or citizenship pathways? A major legislative change is underway that may affect you. The Australian Government has introduced a key Bill that reshapes important parts of the Migration Act and Citizenship Act. This Bill strengthens biometric and identity laws and gives certain individuals a clearer pathway to Australian citizenship, even if their work requires extended periods overseas.
These changes aren’t just technical updates because they:
- Allow Home Affairs and Australian Border Force to collect, keep and validate biometrics which can have multiple implications, and
- addresses certain residency barriers to Australian citizenship for people engaging in activities of benefit to Australia, and who may be required to spend significant periods of time overseas in association with their chosen activity.
Personal identifiers and updated citizenship provisions
The Home Affairs Legislation Amendment (2025 Measures No. 2) Bill 2025 introduces significant changes to both the Migration Act 1958 and Australian Citizenship Act 2007. This Bill has passed both Houses and received assent on 1 December 2025. It will soon take effect.
- Modernised powers to collect and validate facial images
One of the amendments in the Bill allows the Department of Home Affairs and the Australian Border Force to:
- Collect facial images from persons using updated biometric technologies for identity verification
- Align practices with international standards
- Legally validate previously collected facial images
- Validate any action taken by Home Affairs using those images
The purpose of this, despite the gravity of the risks involved with such a large-scale collection of personal identifiers, is aimed at further enhancing the accuracy and utility of identity verification by the Department of Home Affairs and Australian Border Force, which Parliament claims directly supports the safety of the Australian community and the integrity of the migration system.
This can include facial images provided to the Minister or an authorised system (such as a SmartGate) submitted to it taking a photograph or other image of a person’s face, including in circumstances where the photograph or other image contains more of the person, and is cropped to an image that only contains the person’s face.
This provision operates to deem a person as having provided a photograph or image of their face, if they submitted to the authorised system collecting a photograph or image of their face.
- More flexible citizenship residency requirements
To become an Australian citizen, a person must meet the current general, special or alternative residence requirements. This is sometimes not possible for those who are engaging in an activity of benefit to Australia which requires substantial overseas absences that prevent them from meeting the eligibility requirements for Australian citizenship.
The Bill addresses certain residency barriers to citizenship for individuals who:
- Undertake work or activities that benefit Australia, and
- Must spend long periods overseas due to the nature of that work
The amendments will provide the Minister with the discretion, under the Minister’s personal power, to determine that an applicant for Australian citizenship meets the special residency requirement, without needing to be satisfied they have been present in Australia for at least 180 days in the 2 years immediately before submitting their application. Persons affected by this will still need to make an undertaking that they will be ordinarily resident in Australia for two years immediately after becoming an Australian citizen.
This could include scientists, defence personnel, elite athletes, humanitarian workers, and others contributing to Australia on a global stage.
The amendments will provide flexibility. For example, it will account for the overseas training requirements of sportspeople who may otherwise be eligible for ministerial discretion.
Removing this residency barrier will facilitate citizenship uptake for persons seeking to engage in activities that will benefit Australia, where the Minister considers it is in the national interest to do so. This amendment acknowledges the significant benefits that certain people bring to Australia through their contributions to, for example, their sport at a representative level, or to another activity of benefit to Australia in another field, which may enhance Australia’s international reputation and provide inspiration and motivation to other athletes and the broader Australian community.
Commencement
- Sections 1–3: Start upon Royal Assent
- Schedule 2 (citizenship changes): Starts the day after Royal Assent
- Schedule 1 (biometrics): Starts on proclamation or six months after Royal Assent
How AI Legal can help
AI Legal can assist businesses and individuals by:
- Advising how biometric and citizenship changes may affect your visa or citizenship
- Explaining how these reforms apply to your situation
- Guiding you through any legislative impacts relevant to your migration goals
For tailored legal advice, contact Absolute Immigration Legal at admin@absoluteimmigrationlegal.com .