Citizenship Change Unlikely before 1 July 2006

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Dec 21st 2005, 12:07 pm

#31

movetoperth

Breeding little aussies

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Location: Perth WA

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Re: Citizenship Change Unlikely before 1 July 2006

Quote:

Originally Posted by Thebridge

Thanks for your answer. I know this "right" but I think that it is not the case. She was born overseas but I was not an Australian citizen at the time of her birth. So, I think that I have to follow for the child as well the rules of "Grant of Australian Citizenship"...

I found in the law that the "Minister may, in the Minister's discretion, on application in accordance with the approved form, grant a certificate of Australian citizenship to a child if: a) the child was under 16 at the time of the application; b) the application is set out in the same document as an application made under subsection (1) by a responsible parent of the child for the grant of a certificate of Australian citizenship to the responsible parent"...

I am not sure if this means that the child doesn't need to comply with the residence requirement to be included in the parent's application...

Thanks for the help

Sorry Mate, really don't know the answer to that one. I was talking to a woman last week who was telling me that their son still in the UK (in his 20's) will be eligable to come here once they get their citizenship as he will be classed as "aussie by descent", i said i didn't think that was the way it worked, but she was adamant, i decided to keep out of it as it had nothing to do with me

Good luck with the application, i hope you have a better memory than me when it comes to learning the rights and resonsibilities :scared:

Lynn

Dec 21st 2005, 10:24 pm

#32

GLR

Forum Regular

Joined: Mar 2003

Location: Brisbane

Posts: 169

Re: Citizenship Change Unlikely before 1 July 2006

The strapline on the Australian Citizenship webpage proudly proclaims,
"There's never been a better time to become an Australian Citizen"

Perhaps they should add, "but give it another year..." ;-)

GLR
PR from Feb 05 - now waiting till Feb 08...

Dec 27th 2005, 8:39 am

#33

JAJ

Retired

Thread Starter

Joined: Apr 2004

Posts: 34,649

Re: Citizenship Change Unlikely before 1 July 2006

Quote:

Originally Posted by Thebridge

Thanks Jeremy for all your advise about the new citizenship bill. Having filled the forms, I have a query regarding the citizenship application: Does a four-year-old child need to comply with the residence requirement to apply for citizenship? In fact, my child has been here in Australia for 1 year and 10 months at the time of the application (she came two months later than me), however, I read in the form 1027 that “children under 16 years may become Australian citizens by having their name included on an application for Australian Citizenship made by a responsible parent”.

I called DIMIA twice regarding this matter and I received different answers.

Thanks for any advise, much appreciated

As far as I am aware children aged under 16 do *not* have to comply with the residence requirement. Normally DIMIA expects at least one parent to be an Australian citizen (or in the process of becoming a citizen) and the child must be a permanent resident.

Children aged 16 and 17 are treated the same way as adults except they (normally) need consent of one responsible parent.

Jeremy

Dec 27th 2005, 8:42 am

#34

JAJ

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Joined: Apr 2004

Posts: 34,649

Re: Citizenship Change Unlikely before 1 July 2006

Quote:

Originally Posted by movetoperth

They are in for a disappointment as in order to be eligible for Australian citizenship by descent, you must have an Australian parent at the time of birth.

Form 118 confirms this.
http://www.immi.gov.au/allforms/pdf/118.pdf

Becoming an Australian citizen does not in itself give your extended family members (ie those other than spouses and dependent children) any special rights to migrate. They will need to sponsor their son under normal rules, if he qualifies.

Jeremy

Feb 3rd 2006, 10:39 pm

#35

Mnonpareil

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Do we have any news about the new citizenshship law?

Do we have any news about the new citizenshship law?

I will be eligible to apply for Australian citizenship (2 yr residency req) exactly this July 25, 2006. But I have a dilemma since I am planning to go overseas this May (3 weeks) to visit my fiancee to help her plan our Dec. 2006 wedding.

Do we know when will the new law take its effect? Do you recommend that I just go overseas after I receive approval of my citizenship application? How long is the processing time (say, if I file on July 25, 2006).

Thanks and regards to everyone.

Feb 3rd 2006, 11:47 pm

#36

moneypenny20

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Re: Do we have any news about the new citizenshship law?

Quote:

Originally Posted by Mnonpareil

The way I read it (and what do I know) if you are not eligible prior to the 1st July, you will need to do three years, so if you are not eligible until 25th July you would have to do three years regardless of whether you go overseas for three weeks in May. I think

you will be eligible for citizenship around 15th August 2007 - three years from initially landing + three weeks travel abroad.

Feb 4th 2006, 4:24 am

#37

Superstar

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Re: Do we have any news about the new citizenshship law?

We are a British family who moved to Australia late 2004 and have been living here for almost 16 months, we also spent 6 weeks on a visa stamping validation in early 04, does that 6 weeks count towards our total time?

If it does then that means we have 17.5 months under our belt so me may sneak in under the radar if this legislation drags its feet. This is the first time I have heard about these new rules after a web search brought me to this site.