{"id":"F2021L01422","name":"Australian Citizenship (special residence requirement) Instrument (LIN 21/069) 2021","slug":"australian-citizenship-special-residence-requirement-instrument-lin-21-069-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102129,"registerId":"commonwealth-F2021L01422-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Australian Citizenship (special residence requirement) Instrument (LIN 21/069) 2021.\n\n#### 2A Authority\n\n  This instrument is made under section 22C of the Australian Citizenship Act 2007.\n\n#### 3 Definitions\n\nIn this instrument:\n\n> Act means the Australian Citizenship Act 2007.\n\n> ICC means the International Cricket Council.\n\n> LIN 26/024 means the Australian Citizenship (special residence requirement) Amendment (Measures No. 1) Instrument 2026.\n\n> Migration Regulations means the Migration Regulations 1994.\n\n> participation in an Australian team means participation by a person who is an athlete in an Australian sports team.\n\n> relevant talent visa means one of the following visas, excluding those for which an applicant received an invitation from the Department to apply for:\n\n(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\n\n(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\n\n(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.\n\n> 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.\n\n> Note 1: The branches of science include natural science, social science and formal science.\n\n> 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.\n\n## Part 2—Specified activities, organisations and kinds of work\n\n5 Specified activities and organisations\n\nUnder subsections 22C(1) and (2) of the Act:\n\n(a) for subparagraph 22A(1)(a)(i), an activity mentioned in an item of the following table is specified; and\n\n(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.\n\n| Item | Activity                                                                                                                                                                                                                                                                                                                                                                  | Organisation                                                                                      |\n| ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------- |\n| 1    | Employment in a position which requires a Negative Vetting 2 or higher security clearance in a Commonwealth entity that is:(a) a Department;(b) an executive agency; or(c) a statutory agency.                                                                                                                                                                            | A Commonwealth entity that is:(a) a Department;(b) an executive agency; or(c) a statutory agency. |\n| 2    | Participation in an Australian team in the Olympic Winter Games or Olympic Summer Games, including qualifying events                                                                                                                                                                                                                                                      | Australian Olympic Committee                                                                      |\n| 3    | Participation in an Australian team in the Paralympic Winter Games or Paralympic Summer Games, including qualifying events                                                                                                                                                                                                                                                | Australian Paralympic Committee                                                                   |\n| 4    | Participation in an Australian team in the Davis Cup or Billie Jean King Cup, including qualifying events                                                                                                                                                                                                                                                                 | Tennis Australia                                                                                  |\n| 5    | Participation in an Australian team in the Commonwealth Games, including qualifying events                                                                                                                                                                                                                                                                                | Commonwealth Games Australia                                                                      |\n| 6    | Participation in an Australian team for any men’s or women’s international cricket match, including:(a) Test cricket;(b) one-day internationals;(c) Twenty20 International;(d) a match played as part of an ICC event; or(e) other matches organised or sanctioned by the ICC from time to time to which the ICC deems appropriate that the ICC Regulations should apply. | Cricket Australia                                                                                 |\n\n6 Specified kinds of work\n\n(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.\n\n(2) Work that is:\n\n(a) done on duty by a crew member of a ship or aircraft; or\n\n(b) done on duty on a resources installation or a sea installation; or\n\n(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:\n\n(i) a chief executive officer; or\n\n(ii) an executive manager; or\n\n(d) research and development of benefit to Australia done as:\n\n(i) a scientist; or\n\n(ii) an academic;\n\n  who has been awarded a Doctor of Philosophy in their field of speciality and is employed by an Australian university; or\n\n(e) done in the course of duty as a scientist employed by:\n\n(i) the Commonwealth Scientific and Industrial Research Organisation; or\n\n(ii) a medical research institute that is a member of the Association of Australian Medical Research Institutes; or\n\n(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:\n\n(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\n\n(ii) holds a qualification relevant to the organisation.\n\n(3) Work that is in one of the following areas:\n\n(a) academia and research; or\n\n(b) the arts; or\n\n(c) a profession; or\n\n(d) a sport;\n\nwhere 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.\n\n#### 7 Specified work—work of a minister of religion in a senior leadership position\n\n  (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.\n  (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:\n    (a) senior religious leadership and pastoral duties;\n    (b) executive governance or administrative functions of the religious organisation;\n    (c) ceremonial, representative or community engagement duties carried out in the person’s capacity as a minister of religion in a senior leadership position.\n\n## Part 3—Application and transitional provisions\n\n#### 8 Application of amendments in LIN 26/024\n\n  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.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Australian Citizenship (special residence requirement) Instrument (LIN 21/069) 2021.","sortOrder":1},{"sectionNumber":"2A","sectionType":"section","heading":"Authority","content":"#### 2A Authority\n\n  This instrument is made under section 22C of the Australian Citizenship Act 2007.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\nIn this instrument:\n\n> Act means the Australian Citizenship Act 2007.\n\n> ICC means the International Cricket Council.\n\n> LIN 26/024 means the Australian Citizenship (special residence requirement) Amendment (Measures No. 1) Instrument 2026.\n\n> Migration Regulations means the Migration Regulations 1994.\n\n> participation in an Australian team means participation by a person who is an athlete in an Australian sports team.\n\n> relevant talent visa means one of the following visas, excluding those for which an applicant received an invitation from the Department to apply for:\n\n(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\n\n(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\n\n(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.\n\n> 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.\n\n> Note 1: The branches of science include natural science, social science and formal science.\n\n> 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.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Specified activities, organisations and kinds of work","content":"## Part 2—Specified activities, organisations and kinds of work\n\n5 Specified activities and organisations\n\nUnder subsections 22C(1) and (2) of the Act:\n\n(a) for subparagraph 22A(1)(a)(i), an activity mentioned in an item of the following table is specified; and\n\n(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.\n\n| Item | Activity                                                                                                                                                                                                                                                                                                                                                                  | Organisation                                                                                      |\n| ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------- |\n| 1    | Employment in a position which requires a Negative Vetting 2 or higher security clearance in a Commonwealth entity that is:(a) a Department;(b) an executive agency; or(c) a statutory agency.                                                                                                                                                                            | A Commonwealth entity that is:(a) a Department;(b) an executive agency; or(c) a statutory agency. |\n| 2    | Participation in an Australian team in the Olympic Winter Games or Olympic Summer Games, including qualifying events                                                                                                                                                                                                                                                      | Australian Olympic Committee                                                                      |\n| 3    | Participation in an Australian team in the Paralympic Winter Games or Paralympic Summer Games, including qualifying events                                                                                                                                                                                                                                                | Australian Paralympic Committee                                                                   |\n| 4    | Participation in an Australian team in the Davis Cup or Billie Jean King Cup, including qualifying events                                                                                                                                                                                                                                                                 | Tennis Australia                                                                                  |\n| 5    | Participation in an Australian team in the Commonwealth Games, including qualifying events                                                                                                                                                                                                                                                                                | Commonwealth Games Australia                                                                      |\n| 6    | Participation in an Australian team for any men’s or women’s international cricket match, including:(a) Test cricket;(b) one-day internationals;(c) Twenty20 International;(d) a match played as part of an ICC event; or(e) other matches organised or sanctioned by the ICC from time to time to which the ICC deems appropriate that the ICC Regulations should apply. | Cricket Australia                                                                                 |\n\n6 Specified kinds of work\n\n(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.\n\n(2) Work that is:\n\n(a) done on duty by a crew member of a ship or aircraft; or\n\n(b) done on duty on a resources installation or a sea installation; or\n\n(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:\n\n(i) a chief executive officer; or\n\n(ii) an executive manager; or\n\n(d) research and development of benefit to Australia done as:\n\n(i) a scientist; or\n\n(ii) an academic;\n\n  who has been awarded a Doctor of Philosophy in their field of speciality and is employed by an Australian university; or\n\n(e) done in the course of duty as a scientist employed by:\n\n(i) the Commonwealth Scientific and Industrial Research Organisation; or\n\n(ii) a medical research institute that is a member of the Association of Australian Medical Research Institutes; or\n\n(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:\n\n(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\n\n(ii) holds a qualification relevant to the organisation.\n\n(3) Work that is in one of the following areas:\n\n(a) academia and research; or\n\n(b) the arts; or\n\n(c) a profession; or\n\n(d) a sport;\n\nwhere 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.\n\n#### 7 Specified work—work of a minister of religion in a senior leadership position\n\n  (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.\n  (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:\n    (a) senior religious leadership and pastoral duties;\n    (b) executive governance or administrative functions of the religious organisation;\n    (c) ceremonial, representative or community engagement duties carried out in the person’s capacity as a minister of religion in a senior leadership position.","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"Application and transitional provisions","content":"## Part 3—Application and transitional provisions\n\n#### 8 Application of amendments in LIN 26/024\n\n  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.","sortOrder":5}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument appears to serve its original purpose of specifying eligible activities and organisations for the special residence requirement. The inclusion of diverse categories (sport, science, business, religion, national security) reflects the broad discretionary power in section 22C of the Act rather than scope creep. The 2026 amendment reference (LIN 26/024) suggests ongoing maintenance but not fundamental expansion beyond the statutory framework."},"complexity_factors":["Multiple cross-references to external legislation (Australian Citizenship Act 2007, Migration Regulations 1994, Health Insurance Regulations 2018)","Date-dependent visa subclasses with cut-off dates (14 November 2020, 27 February 2021) creating conditional eligibility","Nested definitions requiring external lookups (e.g., 'Commonwealth entity', 'Distinguished Talent visa' classes, 'executive agency', 'statutory agency')","External index dependency for S&P/ASX 200 companies with quarterly rebalancing","Complex multi-factor test for medical specialists requiring fellowship in listed organisations plus relevant qualifications","Duplicated content in the provided text (Parts 1-3 appear twice, suggesting compilation or formatting issues)"],"plain_english_summary":"This law creates a **fast-track to Australian citizenship** for certain people who don't meet the normal residence requirements.\n\nNormally, to become an Australian citizen you must live in Australia for several years (usually 4 years, including 1 year as a permanent resident). However, the Australian Citizenship Act allows exceptions for people who do specific important work or activities that benefit Australia.\n\nThis instrument lists **who qualifies for that exception**:\n\n**Elite athletes** representing Australia in:\n- Olympic and Paralympic Games\n- Commonwealth Games  \n- Davis Cup/Billie Jean King Cup (tennis)\n- International cricket (Test matches, one-day internationals, T20, ICC events)\n\n**Senior government workers** with high-level security clearances (Negative Vetting 2 or higher) in Commonwealth departments and agencies.\n\n**Senior business executives** who are CEOs or executive managers of Australia's 200 largest listed companies (S&P/ASX 200).\n\n**Top scientists and researchers**, including:\n- CSIRO scientists\n- Medical researchers at member institutes of the Association of Australian Medical Research Institutes\n- University academics with PhDs doing research benefiting Australia\n- Medical specialists with internationally recognised exceptional achievement\n\n**Talent visa holders** with internationally recognised exceptional achievement in academia, arts, professions, or sport.\n\n**Crew members** working on ships, aircraft, or offshore resources installations.\n\n**Senior religious leaders** (ministers of religion in senior leadership positions with pastoral, governance, or ceremonial duties).\n\n**Why it matters:** This recognises that Australia wants to attract and retain exceptional talent—whether that's an Olympic swimmer, a medical researcher, or a CEO of a major company—by letting them become citizens faster than the standard rules allow. It reflects Australia's priorities: sporting success, scientific research, economic leadership, and national security."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument records that it will be amended by LIN 26/024 and that those amendments will apply to citizenship applications made on or after the day LIN 26/024 commences (clause 8). The text therefore anticipates a change in scope or content upon the commencement of LIN 26/024. The present instrument does not itself describe the substantive content of LIN 26/024, only that amendments exist and will have a defined application date, so the precise nature of the scope change is not set out in this text (cl.8)."},"complexity_factors":["Cross-references to multiple provisions of the Citizenship Act (instrument made under s.22C) — cl.2A and applied references in cl.5–7","Multiple category tables and enumerated items with mixed bases (event-based, organisation-based, job-role-based) — cl.5 table and cl.6(2)–(3)","Reliance on external lists and bodies (S&P/ASX 200 list, ICC events, named national sporting organisations, CSIRO, Association of Australian Medical Research Institutes) creating operational verification steps — cl.3 Note 2; cl.5 item 6; cl.6(2)(e)","Use of evaluative phrases that invite administrative judgment (e.g. 'internationally recognised record of exceptional and outstanding achievement', 'requires a Negative Vetting 2 or higher security clearance') — cl.6(2)(f); cl.5 item 1; cl.6(3)","Temporal complexity introduced by visa-class date cut-offs in the definition of 'relevant talent visa' (different date thresholds for different visa subclasses) — cl.3 definition of 'relevant talent visa'","Transitional/amendment layering (explicitly references a later amending instrument LIN 26/024 and limits its retrospective application) — cl.8","Overlap between occupational categories (e.g. academia/research vs. R&D scientist vs. medical research institute employees) which may require fine-grained factual parsing — cl.6(2)(d)–(e) and cl.6(3)","Repetition and redundancy in definitions and clauses (the instrument repeats definitions and parts), which can increase interpretive effort — cl.3 and repeated passages"],"plain_english_summary":"This instrument names specific activities, organisations and kinds of work that count as “specified” for certain Citizenship Act residence rules, defining who can rely on those special provisions. It mainly affects applicants claiming high‑skill, elite or role‑specific activity (eg senior executives, certain researchers, elite athletes, ministers of religion) and the employers/organisations that must verify them. It matters because it narrows which applicants qualify for the Act’s special residence treatment and sets verification and timing consequences."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/australian-citizenship-special-residence-requirement-instrument-lin-21-069-2021","history":"/api/acts/australian-citizenship-special-residence-requirement-instrument-lin-21-069-2021/history","analysis":"/api/acts/australian-citizenship-special-residence-requirement-instrument-lin-21-069-2021/analysis","conflicts":"/api/acts/australian-citizenship-special-residence-requirement-instrument-lin-21-069-2021/conflicts","importantCases":"/api/acts/australian-citizenship-special-residence-requirement-instrument-lin-21-069-2021/important-cases","documents":"/api/acts/australian-citizenship-special-residence-requirement-instrument-lin-21-069-2021/documents"}}