Mistake?.... citizenship?

[teeleeky]

Just read Jaj's reply on the "Finally a permanent resident" thread and
got a sinking feeling.....



The link (http://www.citizenship.gov.au/media/...htm]http://ww-
w.citizenship.gov.au/media/change.htm[/URL] says that "A
person who applied for and acquired the citizenship of another country
before 4 April 2002 will have lost their Australian citizenship under
section 17 of the Act.



I have sent a front end loaded Prospective Spouse application to London.
My fiance was born in Australia, became an Australian Citizen, and then
was issued with a UK passport (showing UK Citizen) on September 2001.
She has not resumed her Australian Citizenship. She has lived in the UK
for 7 years and we visited Australia this year on holiday. She used her
Australian passport at customs.



Will this mean that the Visa application will be rejected, or put on
hold until citizenship is resumed or does it mean that the visa will be
issued but she will need to resume before she can live in Australia
again......



..... any ideas??



Oh and you might already have read this - put it on the wrong forum to
start with (put it in the Lifestyle & Culture section)


--
Posted via http://britishexpats.com

[JAJ]

Mistake?.... citizenship?

I have sent a front end loaded Prospective Spouse application to London.My fiance was born in Australia, became an Australian Citizen,

If your fiance was born in Australia (presumably prior to 20 Aug 1986)
she didn't become a Australian citizen - she was an Australian citizen
automatically.

and thenwas issued with a UK passport (showing UK Citizen) on September 2001.She has not resumed her Australian Citizenship. She has lived in the UKfor 7 years and we visited Australia this year on holiday. She used herAustralian passport at customs.

How did she obtain her UK citizenship?
Were her parents British?

Getting a UK passport in itself is not becoming a British citizen -
she would only have lost Aus citizenship if she naturalised as a
British citizen in 2001.

Even prior to 2002 Australia was ok with dual citizenshin many
situations, eg when it was obtained automatically at birth.

Will this mean that the Visa application will be rejected, or put onhold until citizenship is resumed or does it mean that the visa will beissued but she will need to resume before she can live in Australiaagain......

If sponsor did lose Australian citizenship then visa application is
liable to be rejected.

Jeremy

This is not intended to be legal advice in any jurisdiction

[teeleeky]

Mistake?.... citizenship?


Cheers Jaj. This puts me a ease. Yep - she was born in Australia in '75
and her Father is British and Mother Australian



Her passport says British Citizen and thats what threw me !! What you
say makes sense.



Oh well, back to waiting again.... <heart beat gone back down to 114bpm>



Originally posted by Jaj

I have sent a front end loaded Prospective Spouse application to London.
My fiance was born in Australia, became an Australian Citizen,

If your fiance was born in Australia (presumably prior to 20 Aug 1986)
she didn't become a Australian citizen - she was an Australian citizen
automatically.

and then
was issued with a UK passport (showing UK Citizen) on September 2001.
She has not resumed her Australian Citizenship. She has lived in the UK
for 7 years and we visited Australia this year on holiday. She used her
Australian passport at customs.


How did she obtain her UK citizenship?
Were her parents British?



Getting a UK passport in itself is not becoming a British citizen -
she would only have lost Aus citizenship if she naturalised as a
British citizen in 2001.


Even prior to 2002 Australia was ok with dual citizenshin many
situations, eg when it was obtained automatically at birth.
Will this mean that the Visa application will be rejected, or put on
hold until citizenship is resumed or does it mean that the visa will be
issued but she will need to resume before she can live in Australia
again......


If sponsor did lose Australian citizenship then visa application is
liable to be rejected.

Jeremy

This is not intended to be legal advice in any jurisdiction


--
Posted via http://britishexpats.com

[JAJ]

Mistake?.... citizenship?

In that case (provided her parents were married and her father was UK
born) she would have been a British citizen automatically from birth.

Even prior to 2002, Australia was ok with that, and just getting a
passport confirming that status from the British government didn not
constitute an act causing loss of Aus citizenship.

Only if she applied to the Home Office for a registration or
naturalisation certificate to make her a British citizen would her Aus
citizenship be in danger. From what you say, that's not the case.

Just curious - on what basis did she live in the UK before she got her
British passport?

Jeremy

On Thu, 28 Aug 2003 12:39:31 +0000, teeleeky <[email protected]> wrote:Cheers Jaj. This puts me a ease. Yep - she was born in Australia in '75and her Father is British and Mother AustralianHer passport says British Citizen and thats what threw me !! What yousay makes sense.Oh well, back to waiting again.... <heart beat gone back down to 114bpm>

This is not intended to be legal advice in any jurisdiction