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citizenship by conferral as the child of a former Australian citizen

citizenship by conferral as the child of a former Australian citizen

Old Jan 28th 2019, 9:45 pm
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Default citizenship by conferral as the child of a former Australian citizen

Hey guys,

I just found a post from 2012 in this Forum which made me really happy:

Hi All,

I'm squeaky new around here and have a few questions regarding my citizenship application.

I always wanted to have Australian citizenship due to my mother's entire family still living there and wanting to live in Australia at some stage. I only discovered the law had changed in my favour late last year. My mother was born and raised in Australia, but left for Europe in her twenties and took on British citizenship, thus forfeiting her Australian citizenship, long before I was born. With the 2007 amendment to the citizenship act I am now eligible to apply for citizenship, as far as I understand.

I finally sent off my citizenship application in May 2012 and received an acknowledgement email on Monday (18.06.12) confirming that they received my application at the end of May. The fee also has been deducted from my account and they are advising me that it could take up to 4 months to process. I hope that it won't be that long, but suppose I'll have to wait and see (which is really difficult as I am desperately excited at the prospect of finally also being Australian).

Now to my questions:
- Does anyone know if at any point I will need to show the original documents? I.e. Will there be an interview, or will I simply receive a certificate (all going well) confirming my grant of citizenship?
- Also acknowledgement letter has CID number, what does this stand for?
- Is there any way, apart from contacting the department, where I can see how far the application has progressed?

Any help and/or advice would be most welcome!

Thanks in advance - John
This 2012 threat is closed already and I'm new here, so I couldnt send John a private message, neither tag him here ;(.
I just wanted to make sure I got this right, an I really, really hope, someone can help me out here:

The Citizenship by referral option for children of former Australian citizens does not imply the residency requirement of 4 years (as it does to the spouse option)!? I already read through FORM1290 (citizenship - other situations) a few years ago and maybe it's due to the fact that English is not my mothertounge, but back then I understood that this was a general requirement for all applicants? According to Johns post, he lived in the UK all his life but then used this option to retrieve Australian citizenship through his moms former citizenship ...
My situation is the following:
  1. Father Australian born 1960
  2. lost AUS citizenship by the age of 18, became German
  3. Makes me being born to a former Australian citizen (1991)
  4. My father regained his AUS citizenship in 2015 / now has both
It sounds like it's the same case as John, right? So am I eligible for the citizenship, even though I have not lived in Australia for four years yet on Perminant Residency?

Also if all this applies, does it matter that my dad already reaquired his citizenship. Does "Born to a former Australian citizen" refer to my Dads status today or at the time of my birth in 1991?
Also from Johns Post, I'm unable to tell if he was 18 already when he applied. Does that matter?

Thank you guys so much in advance for your help,

Sid
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Old Jan 29th 2019, 2:54 am
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Default Re: citizenship by conferral as the child of a former Australian citizen

Originally Posted by sidney1991 View Post
Hey guys,

I just found a post from 2012 in this Forum which made me really happy:



This 2012 threat is closed already and I'm new here, so I couldnt send John a private message, neither tag him here ;(.
I just wanted to make sure I got this right, an I really, really hope, someone can help me out here:

The Citizenship by referral option for children of former Australian citizens does not imply the residency requirement of 4 years (as it does to the spouse option)!? I already read through FORM1290 (citizenship - other situations) a few years ago and maybe it's due to the fact that English is not my mothertounge, but back then I understood that this was a general requirement for all applicants? According to Johns post, he lived in the UK all his life but then used this option to retrieve Australian citizenship through his moms former citizenship ...
My situation is the following:
  1. Father Australian born 1960
  2. lost AUS citizenship by the age of 18, became German
  3. Makes me being born to a former Australian citizen (1991)
  4. My father regained his AUS citizenship in 2015 / now has both
It sounds like it's the same case as John, right? So am I eligible for the citizenship, even though I have not lived in Australia for four years yet on Perminant Residency?

Also if all this applies, does it matter that my dad already reaquired his citizenship. Does "Born to a former Australian citizen" refer to my Dads status today or at the time of my birth in 1991?
Also from Johns Post, I'm unable to tell if he was 18 already when he applied. Does that matter?

Thank you guys so much in advance for your help,

Sid
One of the reasons that threads are closed after a certain length of time is because immigration rules change, so the first thing you need to do is ignore any posts that are several years old, and instead use the official website
www.citizenship.gov,au as there are frequent changes and you need the most up to date nfo. If you are stll stuck then ask on here i a new thread or seek the advice of a registered agent.

You might be able to contact the original poster privately but as you have given no clue where you copied the post from its impossible for me to tell whether he is a regular poster,only visited once and never came back, etc etc so I can't track down whether he has contact options available.
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Old Jan 29th 2019, 5:32 am
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Default Re: citizenship by conferral as the child of a former Australian citizen

There’s no residency requirement nor age limit for conferral as a child of a former Australian citizen. It refers to your father’s status when you were born, not now, and it doesn’t matter that your father has already regained his Australian citizenship. You should also seek permission from the German government to retain your German citizenship as dual nationality is still restricted under German law.
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Old Jan 30th 2019, 5:23 pm
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Originally Posted by Pollyana View Post
so the first thing you need to do is ignore any posts that are several years old, and instead use the official website
www.citizenship.gov,au as there are frequent changes and you need the most up to date nfo
Sorry for not opening a new threat. I didnt know that that's not common. Apart from that I find your answer a bit rude. I obviously checked the website I called the department of home affairs and I'm very familiar with the different options, but wasn't exactly sure about its proper interpretation, and they weren't either. That's why I asked.


​​​​

Originally Posted by BritInParis View Post
There’s no residency requirement nor age limit for conferral as a child of a former Australian citizen. It refers to your father’s status when you were born, not now, and it doesn’t matter that your father has already regained his Australian citizenship. You should also seek permission from the German government to retain your German citizenship as dual nationality is still restricted under German law.
Thanks so much for your answer. I'm pretty sure now, thats the way to go for me. I already started my application to keep my German citizenship...

Last edited by christmasoompa; Jan 30th 2019 at 5:29 pm. Reason: Posts merged - there is an 'edit' button you can use if you think of another question just after posting.
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Old Jan 30th 2019, 5:31 pm
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Default Re: citizenship by conferral as the child of a former Australian citizen

Originally Posted by sidney1991 View Post
Sorry for not opening a new threat. I didnt know that that's not common. Apart from that I find your answer a bit rude. I obviously checked the website I called the department of home affairs and I'm very familiar with the different options, but wasn't exactly sure about its proper interpretation, and they weren't either. That's why I asked.
It wasn't rude at all - I think you must be reading it the wrong way. It was simply helpful, pointing out that the person in question may not have visited the forum for 6 years so probably not contactable anyway. A simple explanation on how the forum works is all.
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Old Jan 30th 2019, 5:54 pm
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Default Re: citizenship by conferral as the child of a former Australian citizen

Originally Posted by BritInParis View Post
There’s no residency requirement nor age limit for conferral as a child of a former Australian citizen. It refers to your father’s status when you were born, not now, and it doesn’t matter that your father has already regained his Australian citizenship. You should also seek permission from the German government to retain your German citizenship as dual nationality is still restricted under German law.
Brit, and others... I don't think it's even possible to renounce one's Australian citizenship, is it, whether by action or inaction? I thought - think - that my Australian citizenship continues until I die, and my son's (which he "inherited" from me, although he was born abroad) continues until he dies. He and I have both had Australian passports, which we allowed to lapse; but lapsed passports have no bearing on citizenship, I think. Going into the next generation, my understanding is that his children (born in Norway to Norwegian mothers) could - if they went to Australia as adults - claim a right to Oz citizenship. Is that correct? I've always told them that.
Comments very much welcomed!
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Old Jan 30th 2019, 9:31 pm
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Default Re: citizenship by conferral as the child of a former Australian citizen

Originally Posted by sidney1991 View Post
Sorry for not opening a new threat. I didnt know that that's not common. Apart from that I find your answer a bit rude. I obviously checked the website I called the department of home affairs and I'm very familiar with the different options, but wasn't exactly sure about its proper interpretation, and they weren't either. That's why I asked.

.
Well forgive me for trying to help you, I sometimes wonder why I still use this site.
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Old Jan 30th 2019, 9:32 pm
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Default Re: citizenship by conferral as the child of a former Australian citizen

Originally Posted by Gordon Barlow View Post
Brit, and others... I don't think it's even possible to renounce one's Australian citizenship, is it, whether by action or inaction? I thought - think - that my Australian citizenship continues until I die, and my son's (which he "inherited" from me, although he was born abroad) continues until he dies. He and I have both had Australian passports, which we allowed to lapse; but lapsed passports have no bearing on citizenship, I think. Going into the next generation, my understanding is that his children (born in Norway to Norwegian mothers) could - if they went to Australia as adults - claim a right to Oz citizenship. Is that correct? I've always told them that.
Comments very much welcomed!
https://immi.homeaffairs.gov.au/citi...up-citizenship

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Old Jan 30th 2019, 9:44 pm
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Default Re: citizenship by conferral as the child of a former Australian citizen

OK, thanks for giving me the link. I've never even thought of renouncing, but just assumed the option wasn't available. Now all that remains is for me to check out the site and find out what the grandchildren's entitlements are!
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Old Jan 30th 2019, 11:13 pm
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Default Re: citizenship by conferral as the child of a former Australian citizen

Originally Posted by Gordon Barlow View Post
Brit, and others... I don't think it's even possible to renounce one's Australian citizenship, is it, whether by action or inaction? I thought - think - that my Australian citizenship continues until I die, and my son's (which he "inherited" from me, although he was born abroad) continues until he dies. He and I have both had Australian passports, which we allowed to lapse; but lapsed passports have no bearing on citizenship, I think. Going into the next generation, my understanding is that his children (born in Norway to Norwegian mothers) could - if they went to Australia as adults - claim a right to Oz citizenship. Is that correct? I've always told them that.
Comments very much welcomed!
You can still voluntarily renounce your Australian citizenship and before 2002 you could lose it automatically by acquiring another citizenship as an adult.

Presumably your son was registered as an Australian citizen by descent? His own children would only be entitled to Australian citizenship by descent if he has spent at least two cumulative years in Australia. “Going to Australia as an adult” won’t make any difference unless they wishes to go through the same immigration process as anyone else and naturalise in their own right. If your son has spent the required time in Australia then he should register his children as citizens as soon as possible. If they have children of their own outside Australia before they become citizens then the chain is broken and Australian citizenship cannot be passed onto the next generation.
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Old Jan 31st 2019, 12:16 am
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Default Re: citizenship by conferral as the child of a former Australian citizen

Originally Posted by BritInParis View Post
Presumably your son was registered as an Australian citizen by descent? His own children would only be entitled to Australian citizenship by descent if he has spent at least two cumulative years in Australia. “Going to Australia as an adult” won’t make any difference unless they wishes to go through the same immigration process as anyone else and naturalise in their own right. If your son has spent the required time in Australia then he should register his children as citizens as soon as possible. If they have children of their own outside Australia before they become citizens then the chain is broken and Australian citizenship cannot be passed onto the next generation.
Thanks for this, Brit. I had actually gotten this far when perusing the web-page. As it happens, my son has not spent two years in Oz; he's nine months or so short, so I've told him that he would have to go over and make good the missing months, if any of his kids ever wanted to work in Oz. (That would seem to be an easier alternative to going there cold. From what I've read, the process is a bit of a bugger these days.) He asked, rhetorically, why would they want to go there; to which I replied that it's always handy to have additional citizenships. He himself was born outside the country (in England), and it was useful for him to be an Australian when he wanted to go there and drift around.

I really appreciate your help. Cheers.
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Old Jan 31st 2019, 7:53 am
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Default Re: citizenship by conferral as the child of a former Australian citizen

Originally Posted by Gordon Barlow View Post
Thanks for this, Brit. I had actually gotten this far when perusing the web-page. As it happens, my son has not spent two years in Oz; he's nine months or so short, so I've told him that he would have to go over and make good the missing months, if any of his kids ever wanted to work in Oz. (That would seem to be an easier alternative to going there cold. From what I've read, the process is a bit of a bugger these days.) He asked, rhetorically, why would they want to go there; to which I replied that it's always handy to have additional citizenships. He himself was born outside the country (in England), and it was useful for him to be an Australian when he wanted to go there and drift around.

I really appreciate your help. Cheers.
All good advice. I hope your son takes it. How old are his children?
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Old Jan 31st 2019, 6:39 pm
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Default Re: citizenship by conferral as the child of a former Australian citizen

Originally Posted by BritInParis View Post
All good advice. I hope your son takes it. How old are his children?
Two girls, 15 & 18. The 18-year-old is a bit of a Goth. I don't really know what a Goth is, technically, but I define it as an apprentice hippy-in-training. It's a phase, we hope. She's not my son's by blood, and he wasn't allowed (by the state) to adopt her while she was a child, though he hopes to do so now she's not. The boy is seven, and autistic - well-functioning, with Asperger's, but he might well have trouble emigrating anywhere, I guess. My son was never married to either of the mothers***, which may or may not be relevant in any emigration scenario.

*** Scandinavian women and Caribbean men... marriage isn't always on the cards, to be realistic.
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Old Jan 31st 2019, 9:18 pm
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Default Re: citizenship by conferral as the child of a former Australian citizen

Originally Posted by Gordon Barlow View Post
Two girls, 15 & 18. The 18-year-old is a bit of a Goth. I don't really know what a Goth is, technically, but I define it as an apprentice hippy-in-training. It's a phase, we hope. She's not my son's by blood, and he wasn't allowed (by the state) to adopt her while she was a child, though he hopes to do so now she's not. The boy is seven, and autistic - well-functioning, with Asperger's, but he might well have trouble emigrating anywhere, I guess. My son was never married to either of the mothers***, which may or may not be relevant in any emigration scenario.

*** Scandinavian women and Caribbean men... marriage isn't always on the cards, to be realistic.
The eldest won’t qualify then but the two younger ones would. Something to keep in mind if your son accumulates his two years. Even if they have children of their own by that point then could still sponsor a spouse and a child for family visas if needs be.
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Old Feb 1st 2019, 12:08 am
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Default Re: citizenship by conferral as the child of a former Australian citizen

Originally Posted by BritInParis View Post
The eldest won’t qualify then but the two younger ones would. Something to keep in mind if your son accumulates his two years. Even if they have children of their own by that point then could still sponsor a spouse and a child for family visas if needs be.
Ah well, there's nothing on the horizon about Australia yet. Nor about Cayman, come to that. The wife and I may be the first and last of the clan to make this our permanent home. It would give the later descendants something to do, wouldn't it, to track down our gravestones. One of my English grandfather's brothers died in Madagascar. Allegedly. There's no evidence that I've ever seen.

Thanks for all your help, Brit.
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