keza

ok here goes, last year i got my citizenship by descent, earlier this year we applied for spouse visa for my hubby and 19yr old and 12yr old son. we got that that and now we are going to validate the visas, my 19yr old as said that he doesnt want to validate because he has no intentions to come over and live there anyway.... would he still be able to get the citizenship by descent any time in the near future? i think i have read it here somewhere before but i cant find it...

JAJ

He is not eligible for citizenship by descent because he did not have an Australian parent when he was born.

He has got to qualify for Australian citizenship on his own merits. If he doesn't validate his visa it will be cancelled and he may not qualify for another one.

Are you aware that your 12 year old son can be granted (naturalised/conferral) Australian citizenship as soon as the family is settled in Australia? As he is under 16 he does not need to wait 4 years, because he has an Australian parent.

keza

thanks jaj, i had read or heard that about the 12yr old and i also remember something about once i had lived in aus for 2 yrs that the older one could get citizenship, cannot for the life of me remember where i read or heard this wish i did now, so looks like making him to go and validate for his own sake at the end of the day... thanks again

JAJ

Bear in mind that the 12 year old needs to apply for citizenship by conferral (or grant/naturalisation), not citizenship by descent.


It's true that once you have 2 years in residence you can pass on your citizenship by descent - but only to children born since you became an Australian citizen.

moneypenny20

Presumably the 19 year old realises he doesn't actually have to do anything in order to validate? He can just have a nice holiday and then go back to his life - not a hardship surely I've got two but the way childrens minds work is still totally beyond me

keza

thanks jaj moneypen its beyond me too, how many times i have told him that, go for the holiday, then at least you have the choice to come over if you like, teens confuse me, but i remember being one too

mand8002

It's true that once you have 2 years in residence you can pass on your citizenship by descent - but only to children born since you became an Australian citizen.[/QUOTE]

When we went for our citizenship interview the guy there told us that our other two children would be able to apply for citizenship by descent once my husband (who had citizenship by descent) had lived in Australia 2 years. Is this not right?

keza

if your children were born after you were granted citizenship by descent then they too can get it, but as i was only granted my citizenship by descent last yr my 2 eldest aged 21 and 19 cant get it,but the 12 yr old can because hes under 16, but only when we settle in aus...please correct me if im wrong

JAJ

If children under 16 are permanent residents and living in Australia, they can be granted citizenship (not citizenship by descent) without any waiting period.

mand8002

No they are both over 16

JAJ

In that case, was your husband an Australian citizen when they were born?

mand8002

Probably not, would it count if he was but hadn't claimed it at that point?

JAJ

Australian citizenship by descent is only effective from the date of registration. Before that date, a person is not an Australian citizen.

Look at your husband's citizenship certificate. The date on it shows when he became Australian.