Wallabies legend Will Genia becomes an Australian citizen on 19th June 2024
Despite having lived in Australia since the year 2000, Will Genia only became an Australian citizen yesterday, 19th June 2024.
Will arrived in Australia in 2000 to complete his schooling. Almost immediately after finishing school, Will’s professional rugby career commenced through the Queensland Rugby system, where he ultimately earnt 114 caps for the Queensland Reds.
Will’s 19th professional rugby season has recently concluded (currently contracted to play rugby in Japan), and when asked yesterday how his body is feeling, he said “I’m in good condition, feeling great and looking forward to the next season”.
However, it’s Will’s time spent playing for the Wallabies that he is best known for, having accumulated 110 caps for Australia, which includes captaining the Wallabies for a game in the 2011 Rugby World Cup.
It comes across as surprising to the majority of people that I have similar conversations with, that a person can live in Australia for such a lengthy period of time, represent the wallabies over a 10 year period, and not be an Australian citizen.
It is a case by case basis, however most issues stem around the general residence eligibility requirement for a citizenship application, which is that at the time of application the applicant has been lawfully in Australia for at least 4 years, and not been absent from Australia for more than 12 months cumulatively within that 4 year period, and has been a permanent resident for at least 12 months and has not been absent from Australia for more than 90 days cumulatively within the last 12 months.
Extensive travel commitments of a professional athlete have meant that there are people such as Will, who have not been able to meet the requirements stated above.
Three years ago when wallaby at the time Quade Cooper (with around 70 caps) took to Twitter to display his frustration for having four previous citizenship applications refused, his circumstances were publicly aired between the political parties and the legislation was literally changed so that Quade could obtain citizenship which he did so within a matter of weeks. The legislation that was updated for Quade’s circumstances is now found in the special residence requirement.
However, Will’s visa history differs to Quade’s and the particular visa that Quade previously held that the updated legislation (special residence requirement) allowed a pathway towards citizenship, was not relevant to Will’s circumstances.
Fortunately for Will, there was an avenue through a Ministerial Discretion clause, and we prepared and lodged a citizenship application for Will in October 2021 based on his relationship with his Australian citizen wife, Vanessa.
While Quade’s last citizenship application was pushed through in a matter of weeks, Will’s application processing time was just short of three years. Being a former teammate and friend of Will’s, I probed him with a question yesterday about his thoughts about the process, which he graciously replied “I’m glad to have gotten here in the end, to have my citizenship certificate in hand.”
In my conversation with him yesterday, the Minister for Immigration, Citizenship and Multicultural Affairs of Australia – Andrew Giles, being from Victoria is clearly more familiar with AFL, however it was great to see him at the citizenship ceremony event to personally present Will with his citizenship certificate.
Will’s further thoughts and reflections can be viewed in my full interview with Will here.
Adam Byrnes | Principal Immigration Lawyer | Visa & Citizenship Lawyers
a week ago
