Legally speaking, is Elizabeth II Australian?
<p>I came across a tweet saying that there should be an Australian on the five dollar note, rather than Elizabeth II.</p>

<p>Legally speaking, is Elizabeth II Australian? Wikipedia <a href="https://en.wikipedia.org/wiki/Elizabeth_II" rel="noreferrer">mentions</a> that she's Queen of Australia, but is she also an Australian, either as a citizen, permanent resident or via other legal rights?</p>

<p>The Queen doesn't need legal rights, she is the law!</p>
<p>As per Dale M's answer, Her Majesty doesn't meet the requirements to be a citizen of Australia under the Citizenship Act, nor has she ever been granted that status.</p>
<p>Someone else will need to fill in the legal reasons as to whether or not a law like the Migration Act could be enforced against Her Majesty personally. I suspect there is an argument in there about the Crown generally not being bound by statutes. In practice, I can't imagine anybody at the Department of Immigration trying to turn Her Majesty back at the border (although this would be an interesting step towards a republic...).</p>
<p>In any case the Royal Family and members of its entourage have the special status of not needing a visa when they visit Australia: <a href="http://www.austlii.edu.au/au/legis/cth/consol_reg/mr1994227/s2.40.html" rel="nofollow noreferrer">Migration Regulations 1994, reg 2.40</a>.</p>

<p>Queen Elizabeth II is not a citizen of Australia, she is the <a href="http://www.royal.gov.uk/MonarchAndCommonwealth/Australia/Australia.aspx" rel="noreferrer">Sovereign</a> of it. The preamble of the <a href="https://www.comlaw.gov.au/Details/C2013Q00005" rel="noreferrer">Commonwealth of Australia Constitution Act</a> also refers to enactment by the Queen, and thus Her Majesty transcends the personal-instutional level.</p>

<p>I would still include her, as Queen of Australia, in the "Australian" category, yes. </p>

<p>Queen Elizabeth II was born in London to British parents who were not permanent residents of Australia. She does not meet any criteria under the <a href="http://www.austlii.edu.au/au/legis/cth/consol_act/aca2007254/" rel="nofollow">Citizenship Act</a> for being or applying for Australian citizenship.</p>

australia nationality