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  • Australian citizenship as an adult via parent?


    My husband lived in Australia until he was 17 years old. He was born in
    the UK to British citizens who moved to Australia when he was 9 years
    old. His father took Australian citizenship, his mother didnt. The
    parents migrated back to the UK along with their children.

    No-one in the family has lived in Australia for the last 16 years.

    Would this situation make immigration into Australia easier or harder?
    My instinct says I cant see how it would make a difference, and we would
    have to just apply "normally" but I wonder if it could make
    life/application easier?

    Any ideas?

    --
    Posted via http://britishexpats.com

  • #2
    Australian citizenship as an adult via parent?

    My husband lived in Australia until he was 17 years old. He was born in the UK to British citizens who moved to Australia when he was 9 years old. His father took Australian citizenship, his mother didnt. The parents migrated back to the UK along with their children. No-one in the family has lived in Australia for the last 16 years. Would this situation make immigration into Australia easier or harder? My instinct says I cant see how it would make a difference, and we would have to just apply "normally" but I wonder if it could make life/application easier? Any ideas?
    I may be wrong on this but when I looked into it, citizenship by descent
    has to be at birth (ie the parent(s) have to be Australian citizens when
    the child is born). One of the mods (JAJ etc) may be able to shed more
    light but I personally think it's a case of just applying as normal.

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    • #3
      Australian citizenship as an adult via parent?

      My husband lived in Australia until he was 17 years old. He was born in the UK to British citizens who moved to Australia when he was 9 years old. His father took Australian citizenship, his mother didnt. The parents migrated back to the UK along with their children. No-one in the family has lived in Australia for the last 16 years. Would this situation make immigration into Australia easier or harder? My instinct says I cant see how it would make a difference, and we would have to just apply "normally" but I wonder if it could make life/application easier? Any ideas?
      When his father took Australian citizenship, did he include the children
      on the application?



      Jeremy

      --
      This is not intended to be legal or professional advice in any
      jurisdiction
      Posted via http://britishexpats.com

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      • #4
        Australian citizenship as an adult via parent?

        When his father took Australian citizenship, did he include the children on the application? Jeremy
        Jeremy (& TR),
        thanks for replying so quickly! I'll get him to ask his father, but I
        suspect not. His mother was very anti-Aus which is why they went back to
        the UK (she got really bad Pom-bashing in the 80s and just couldnt cope
        being away from her family).
        I guess that if his father didnt then we have to apply "normally"?
        cheers,
        OS

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        • #5
          Australian citizenship as an adult via parent?

          Jeremy (& TR), thanks for replying so quickly! I'll get him to ask his father, but I suspect not. His mother was very anti-Aus which is why they went back to the UK (she got really bad Pom-bashing in the 80s and just couldnt cope being away from her family). I guess that if his father didnt then we have to apply "normally"? cheers, OS
          If his father included the children on the application, then your
          husband is an Australian citizen. You can go for a spouse visa and any
          children you have can be registered as Australian citizens by descent.
          All very easy, relatively speaking.

          If he was not included in his father's application, then things get much
          harder, as I dont' believe Australian citizenship for children was ever
          automatic when a parent (or both parents) naturalised, unless it was
          requested. He'll need to qualify for a visa on normal grounds.

          Even the former resident visa will likely be difficult/impossible as he
          doesn't appear to have spent 9 years in Australia.

          How to find out if he's Australian:
          1. Ask father if he included his children on the application.
          2. Get hold of father's citizenship certificate. Is your husband's
          name included on the back as a child? If so, husband can get
          his own citizenship certificate using form 119, and take things
          from there.
          3. If father has lost his citizenship certificate, then he needs to get
          a new one using form 119. Husband can also make an application this
          way to see if he acquired citizenship at the time.
          4. As a last resort, see if you can get hold of his father's
          citizenship application form under Freedom of Information,
          using form 424.

          http://www.immi.gov.au/allforms/pdf/119.pdf
          http://www.immi.gov.au/allforms/pdf/424.pdf

          If the father didn't include his children on his citizenship
          application, it would seem very strange and certainly not in the
          children's best interests. Although including children is only possible
          for those aged 16 and less, those aged 16 and 17 are normally expected
          to apply as adults. As far as I know this was the same in the 1980s.



          Jeremy

          --
          This is not intended to be legal or professional advice in any
          jurisdiction
          Posted via http://britishexpats.com

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          • #6
            Australian citizenship as an adult via parent?

            If his father included the children on the application, then your husband is an Australian citizen. You can go for a spouse visa and any children you have can be registered as Australian citizens by descent. All very easy, relatively speaking. If he was not included in his father's application, then things get much harder, as I dont' believe Australian citizenship for children was ever automatic when a parent (or both parents) naturalised, unless it was requested. He'll need to qualify for a visa on normal grounds. Even the former resident visa will likely be difficult/impossible as he doesn't appear to have spent 9 years in Australia. How to find out if he's Australian: 1. Ask father if he included his children on the application. 2. Get hold of father's citizenship certificate. Is your husband's name included on the back as a child? If so, husband can get his own citizenship certificate using form 119, and take things from there. 3. If father has lost his citizenship certificate, then he needs to get a new one using form 119. Husband can also make an application this way to see if he acquired citizenship at the time. 4. As a last resort, see if you can get hold of his father's citizenship application form under Freedom of Information, using form 424. http://www.immi.gov.au/allforms/pdf/119.pdf http://www.immi.gov.au/allforms/pdf/424.pdf If the father didn't include his children on his citizenship application, it would seem very strange and certainly not in the children's best interests. Although including children is only possible for those aged 16 and less, those aged 16 and 17 are normally expected to apply as adults. As far as I know this was the same in the 1980s. Jeremy
            Jeremy - thank you again! Yep, we realised we were stuffed with the 9
            year rule, sadly
            We currently live in Malaysia, with his father still in the UK, but
            we'll get in contact and nag him to hunt out his citizenship
            certificate. As I hinted at before, it wouldnt surprise me though if it
            was only his father that got the citizenship - his mother is quite anti-
            Aus which is a shame because my husband & I will (one way or another
            at some point in time) make sure we move out to Aus.

            Worse comes to worse we'll just have to go the Skilled Immigration route
            - luckily we're both on the SOL list and have just about enough points
            (120) unless they change the game again soon!

            --
            Posted via http://britishexpats.com

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            • #7
              Australian citizenship as an adult via parent?

              Jeremy - thank you again! Yep, we realised we were stuffed with the 9 year rule, sadly We currently live in Malaysia, with his father still in the UK, but we'll get in contact and nag him to hunt out his citizenship certificate. As I hinted at before, it wouldnt surprise me though if it was only his father that got the citizenship - his mother is quite anti-Aus which is a shame because my husband & I will (one way or another at some point in time) make sure we move out to Aus. Worse comes to worse we'll just have to go the Skilled Immigration route - luckily we're both on the SOL list and have just about enough points (120) unless they change the game again soon!
              On the other hand there would have been little formality for the father
              to get Australian citizenship for his children at the same time:

              - no need for the children to attend an interview or ceremony;
              - no extra fee
              - no need for the other parent to consent.

              He just needed to put their details on the citizenship application
              form. At least that's the deal now and I doubt it was much different
              in the 1980s as the rules for grant of citizenship haven't changed much
              since 1984.




              In that case I would move full steam ahead on the skilled independent
              application (while you check the citizenship issue in parallel). If
              you are eligible and keen to go general skilled, there's no time like
              the present to get on with it, as rules and points are always subject
              to change.



              Jeremy

              --
              This is not intended to be legal or professional advice in any
              jurisdiction
              Posted via http://britishexpats.com

              Comment


              • #8
                Australian citizenship as an adult via parent?

                On the other hand there would have been little formality for the father to get Australian citizenship for his children at the same time: - no need for the children to attend an interview or ceremony; - no extra fee - no need for the other parent to consent. He just needed to put their details on the citizenship application form. At least that's the deal now and I doubt it was much different in the 1980s as the rules for grant of citizenship haven't changed much since 1984. In that case I would move full steam ahead on the skilled independent application (while you check the citizenship issue in parallel). If you are eligible and keen to go general skilled, there's no time like the present to get on with it, as rules and points are always subject to change. Jeremy
                thanks again Jeremy! I think we will have to hold off a few months
                anyway on the skilled route, because my passport is getting full of
                stamps and will need renewing in around 6 months, but also I'm expecting
                our first child in Jan/Feb in a few months time. All that I have read
                indicate it is easier to get the process rolling with a fresh passport
                and with the child already included in the application? Or do I have
                that wrong?

                In the meantime, he'll call his parents this evening and find out what
                the score is.

                Thanks!

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                • #9
                  Australian citizenship as an adult via parent?

                  thanks again Jeremy! I think we will have to hold off a few months anyway on the skilled route, because my passport is getting full of stamps and will need renewing in around 6 months, but also I'm expecting our first child in Jan/Feb in a few months time. All that I have read indicate it is easier to get the process rolling with a fresh passport and with the child already included in the application? Or do I have that wrong? In the meantime, he'll call his parents this evening and find out what the score is. Thanks!
                  It's wrong I'm afraid.

                  You need to do your skill assessment first before you can apply to DIMIA
                  (both assessments if you need spouse skills), you should start that
                  process immediately. Download and read the Skilled Migration Booklet.

                  Why not get a new passport now?

                  A newborn child can usually be added to an application that's in
                  progress.

                  Of course, if you discover your husband's name is on his father's
                  citizenship cert in the next few days, you can make different plans.

                  Jeremy

                  --
                  This is not intended to be legal or professional advice in any
                  jurisdiction
                  Posted via http://britishexpats.com

                  Comment


                  • #10
                    Australian citizenship as an adult via parent?

                    It's wrong I'm afraid. You need to do your skill assessment first before you can apply to DIMIA (both assessments if you need spouse skills), you should start that process immediately. Download and read the Skilled Migration Booklet. Why not get a new passport now? A newborn child can usually be added to a permanent visa application that's in progress. Of course, if you discover your husband's name is on his father's citizenship cert in the next few days, you can make different plans. Jeremy
                    Jeremy - I can't get a new passport now as my current one even with 48
                    pages is only 18 months old, and has my current country of
                    residence/employment visas in it, and the immigration here can't cope
                    with that *rollseyes* because residency visas depend on employment visas
                    and employment visas depend on valid passports but can only be issued in
                    country of origin and I'm getting too far gone (pregnancy wise) to be
                    allowed on long-haul flights.
                    Sadly we found out last night that hubby's father applied for and got
                    citizenship after his wife and kids had moved back to the UK in the
                    interim 6 month gap because of schooling, so highly unlikely that hubby
                    is a citizen
                    Anyway, we'll start the skills assessment going straight away - thanks
                    for all your advice!

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                    Posted via http://britishexpats.com

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                    • #11
                      Australian citizenship as an adult via parent?

                      Jeremy - I can't get a new passport now as my current one even with 48 pages is only 18 months old, and has my current country of residence/employment visas in it, and the immigration here can't cope with that *rollseyes* because residency visas depend on employment visas and employment visas depend on valid passports but can only be issued in country of origin and I'm getting too far gone (pregnancy wise) to be allowed on long-haul flights. Sadly we found out last night that hubby's father applied for and got citizenship after his wife and kids had moved back to the UK in the interim 6 month gap because of schooling, so highly unlikely that hubby is a citizen Anyway, we'll start the skills assessment going straight away - thanks for all your advice!
                      On the basis of what you say it's less likely that your husband is
                      Australian, but you should close the loop by getting his father to look
                      at the back of his citizenship cert and see what's there.

                      Are you British? If so, you need to know that your non-UK born child is
                      likely going to be British 'by descent' (assuming you or your husband is
                      UK born or naturalised). Being British 'by descent' doesn't affect your
                      child's own rights except that he or she will face restrictions in
                      passing on British citizenship to his or her own children, if they are
                      also born *outside* the UK and its territories.

                      Take a look at Home Office leaflet BN4:
                      /ind/en/home/applying/british_nationality/advice_about_nationality/bn4_-
                      _british_citizenship.html?


                      If you're in Malaysia then I think the British High Commission issues
                      consular birth certificates to British citizen children. You should
                      make a point of obtaining one of these for your child (as well as a
                      British passport), as it will avoid problems later on.



                      Jeremy

                      --
                      This is not intended to be legal or professional advice in any
                      jurisdiction
                      Posted via http://britishexpats.com

                      Comment


                      • #12
                        Australian citizenship as an adult via parent?

                        On the basis of what you say it's less likely that your husband is Australian, but you should close the loop by getting his father to look at the back of his citizenship cert and see what's there. Are you British? If so, you need to know that your non-UK born child is likely going to be British 'by descent' (assuming you or your husband is UK born or naturalised). Being British 'by descent' doesn't affect your child's own rights except that he or she will face restrictions in passing on British citizenship to his or her own children, if they are also born *outside* the UK and its territories. Take a look at Home Office leaflet BN4: nd/en/home/applying/british_nationality/advice_about_nationality/bn4_- _british_citizenship.html? If you're in Malaysia then I think the British High Commission issues consular birth certificates to British citizen children. You should make a point of obtaining one of these for your child (as well as a British passport), as it will avoid problems later on. Jeremy
                        Jeremy - good to know that they can do consular birth certificates!
                        thank you! Yes, I am British, but I am also Irish (although without
                        passport at the moment) through descent. If all goes to plan, sproglet
                        is going to be well covered with passports even if UK does separate from
                        the EU!

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                        Posted via http://britishexpats.com

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                        • #13
                          Australian citizenship as an adult via parent?

                          Jeremy - good to know that they can do consular birth certificates! thank you! Yes, I am British, but I am also Irish (although without passport at the moment) through descent. If all goes to plan, sproglet is going to be well covered with passports even if UK does separate from the EU!
                          If you are Irish by descent then you need to register the birth of your
                          child at the nearest Irish Embassy (Foreign Birth Registration) before
                          it acquires citizenship.

                          They are changing the rules on citizenship by marriage with effect from
                          29 November, in case you're not aware.


                          Jeremy

                          --
                          This is not intended to be legal or professional advice in any
                          jurisdiction
                          Posted via http://britishexpats.com

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                          • #14
                            Australian citizenship as an adult via parent?

                            If you are Irish by descent then you need to register the birth of your child at the nearest Irish Embassy (Foreign Birth Registration) before it acquires citizenship. They are changing the rules on citizenship by marriage with effect from 29 November, in case you're not aware. Jeremy
                            lawdy - okdoke, thanks for that - I wasnt aware. sheesh - who'd have
                            thought having kids would be so much trouble?!

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                            • #15
                              Australian citizenship as an adult via parent?

                              lawdy - okdoke, thanks for that - I wasnt aware. sheesh - who'd have thought having kids would be so much trouble?!
                              One should *never* assume that a child is a citizen of any country
                              unless the child has been issued a citizenship certificate or a normal-
                              validity individual passport.

                              There are lots of cases where people think their child has a particular
                              citizenship, only to get a nasty surprise when they discover that it's
                              not the case.

                              Especially if they have missed a time limit for registration
                              (surprisingly common).




                              Jeremy

                              --
                              This is not intended to be legal or professional advice in any
                              jurisdiction
                              Posted via http://britishexpats.com

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