Rosie Cheeks

Can anyone help?

I have a PR visa, married to an Aussie. Two kids, oldest one British born, youngest Australian born. They all have Australian passports. I have been here for five years. PR visa granted June 2002.

I would like to go back to the UK for a couple of years, possibly permanently, if it suits us.

The question is, should I apply for Australian citizenship?
And should I get citizenship certificates for the kids?

Your advice would be much appreciated.

Pollyana

Definitely apply for your own citizenship. Otherwise you may have problems if you do want to come back to Aus later. You will need to get a Residents Return Visa, which may not be easy if you have been living in the UK. If you get your own Aussie citizenship then you can come and go as you please.

Rosie Cheeks

Hi Pollyanna

Thank you

Yes, I think I will take your advice and apply. Take the plunge. I have been resistant to it, but I must be sensible.

Don't want to be the odd one out in my family!

JAJ

Others have suggested you should take out citizenship and I would concur with that.

Regarding your children, the older one should already have a citizenship certificate as he ought to be Australian by descent. Is the certificate lost?

Regarding the younger one, it is recommended to get a citizenship certificate because the birth certificate (for those born on or after 20 August 1986) does not prove citizenship. It will make passport renewal easier in future. Use form 119 and pay AUD55:
http://www.immi.gov.au/allforms/pdf/119.pdf

Rosie Cheeks

Hi. Thanks

The oldest child is soon to be six years old, he has an Aussie passport, we went to Australia House in London to organise it. But as far as I know we didn't apply for the certificate for him.....sorry such a long time ago, and the hubby was in charge of dealing with it cause he's the Aussie (yes, passing the buck). Is there a way I can check if we did apply? Obviouly apart from asking hubby! He can't remember anyway.
I do not recall seeing a certificate for him. I do remember that we got the passport on the same day we applied for it in person.
Would his passport application have depended upon having the certificate, because he was born in Wales? If it did, and we were given one, then yes, we have lost it! Does any of this make sense?

The youngest is nearly 7 mths old. I will set to work on the applications for his certificate (and possibly the oldest boys aswell) and my citizenship.

Do you know how long the process of citizenship takes usually, from start to finish?

Kind regards to you and thank you for your time in answering my questions

Rosie Cheeks

Pollyana

I think thats the deciding reason, really - if all the family, except you, can live in either country, there could be some heartbreaking decisions one day.

JAJ

If your son was born outside Australia then there is no way he could have acquired Australian citizenship automatically. Registration as a citizen by descent is mandatory.

So either you've lost the certificate or his Australian passport has been issued by mistake and he's not an Australian after all.

The way to find out is to use form 119 to apply for a Certificate of Evidence of Australian citizenship for him. DIMA will search their systems and give him a new citizenship cert if all is ok.

If not, then he can still be registered as an Australian citizen now.


Certificates of evidence of Australian citizenship should take a month or two.

Including time for your citizenship ceremony, plan on about 6 months to become a naturalised Australian citizen. It may be less than that if you're lucky.

And note that one of the criteria for grant of Australian citizenship is an intention to remain resident in Australia, or maintain a "close and continuing association" with Australia. The latter term is vague, but the bottom line is that it's better to get your citizenship first and not even to *think* about moving until later on. Once you have your citizenship you can make whatever plans you like.

Regarding British citizenship, you should get your Australia-born child a British passport at the British High Commission in Australia. And is your husband also a British citizen - if not, what was his visa status in the UK last time?

Rosie Cheeks

Hi. Thank you.

The cert must be lost.

Will check Husband uk visa, as far as I know it's all fine. But he is not a citizen of the UK.

JAJ

If he had UK settled status (Indefinite Leave to Remain) and has been away from the UK for over 2 years, then his status has expired.

He needs either returning resident entry clearance, or a new spouse visa. Details on both can be found at http://www.ukvisas.gov.uk

After 3 years back in the UK, he should strongly consider getting British citizenship. Although he couldn't have done so before 4 April 2002 without losing Australian citizenship, if you left after then he could have done so without problems.

Rosie Cheeks

I have my citizenship interview on Monday, looking forward to it.

gedge

good luck with that
there are a few threads in the Australia/Barbie forums relating people's experience at interview, if they're of any interest to you

Sleeping Beauty

i have sent you a pm.

Rosie Cheeks

Thanks Gedge. I will have a look there.

I had to go to the office where my interview is to held this week, to hand in my applications for the kid's citizenship certs.

The Gold Coast Office in Southport is staffed by some surprisingly lovely people. Especially the lady I spoke to, she may well be the person who conducts my interview. She was sooooooo lovely, I hope I do get her that day. That's why I am looking forward to it, as I know the place has a good vibe about it.

ShozInOz

Absolutely yes. No matter what the country or your views of it, try very hard to avoid the situation where your family have different citizenships. Our daughter was born Australian and there was no way were were going to leave without the same options.

by the sea side

YEs you have been here long enough have an Australian Husband and child .Go for it.