Hi there. There are different ways a person can apply for Australian citizenship. One option is to apply as a migrant with permanent residence. To be eligible for this option, you must have permanent residence, satisfy the ‘residence requirement’ and be of good character. The ‘residence requirement’ means an applicant must have been residing in Australia for most of the four years before their citizenship application.

A citizenship application by a permanent resident is not dependent on whether the applicant has a spouse who has Australian citizenship or the status of their relationship with that person. From the information you provided, you may be eligible to apply for citizenship as a migrant with permanent residence. If you choose this option, it does not matter whether you are separated or divorced from your husband.

Another way of applying for citizenship is as a spouse or partner of an Australian citizen. The eligibility requirements are the same as applicants who are permanent residents, but the Department of Immigration & Border Protection has discretion to vary the resident requirement. Any time the applicant has spent overseas during the four years before their citizenship application may be counted as time spent in Australia, provided they can demonstrate a close connection to Australia. If you intend on making your citizenship application as a spouse of an Australian citizen and intend on relying on the varied residential requirement, you will need to still be married to your husband at the time of your application. You can be separated and still be considered “spouses”, but if you divorce, you will no longer be spouses.