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Jobs "No Dual Citizenships". Is this legal?

Jobs "No Dual Citizenships". Is this legal?

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Old Sep 21st 2007, 10:07 am
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Default Jobs "No Dual Citizenships". Is this legal?

I have seen a few jobs that are for Australian Citizens Only and no dual citizens. Normally a security clearance is also mentioned so I guess the positions maybe for government defence contractors. Are employers within their rights to discriminate on ones entitlement to another citizenship? Can an employer legally ask you to renounce citizenship of another country?

Personally I am steering clear of those jobs but was interested in the legality as federal government jobs just seem to require Australian citizenship and do not discriminate on the grounds of dual nationality.
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Old Sep 21st 2007, 11:58 am
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Default Re: Jobs "No Dual Citizenships". Is this legal?

I think the Australian government changed the law a couple of years ago.

I think that Boeing in America were not allowed to transfer sensitive defence information to Boeing Australia for fear that it would fall into the hands of Chinese duel citizens who have a tendency to copy it and give it back to their mother country.

I think the government had to make excemptions or they would not get upgrades to their military hardware.

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Old Sep 21st 2007, 12:20 pm
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Default Re: Jobs "No Dual Citizenships". Is this legal?

Originally Posted by IvanM
I have seen a few jobs that are for Australian Citizens Only and no dual citizens. Normally a security clearance is also mentioned so I guess the positions maybe for government defence contractors. Are employers within their rights to discriminate on ones entitlement to another citizenship? Can an employer legally ask you to renounce citizenship of another country?

Personally I am steering clear of those jobs but was interested in the legality as federal government jobs just seem to require Australian citizenship and do not discriminate on the grounds of dual nationality.
If a security clearance is needed it doesn't mix well with dual citizenship. All that said it's a grey area and citizenship of a friendly country may not act as a bar to a clearance.

Also, it's not just dual citizenship but any kind of personal and financial ties outside Australia that can be seen to act as a source of "pressure".

There are stories where people have renounced their other citizenship and still been refused security clearances.

Other than the need for a security clearance, I cannot see any legal basis to discriminate against those with other citizenships. And even if a security clearance is needed, that decision is made by a government agency, not the company.
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Old Sep 22nd 2007, 10:49 am
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Default Re: Jobs "No Dual Citizenships". Is this legal?

Dual citizenship is not a bar on gaining a security clearance. If it was, around 1000 ADF members (at least!) would be out of a job.

I have seen jobs advertised requiring Aus citizenship - Customs, Defence and other Govt jobs. I have not seen any with 'No dual citizenship' - do you have a link to one?
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Old Sep 25th 2007, 5:42 am
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Default Re: Jobs "No Dual Citizenships". Is this legal?

Originally Posted by njk435
Dual citizenship is not a bar on gaining a security clearance. If it was, around 1000 ADF members (at least!) would be out of a job.

I have seen jobs advertised requiring Aus citizenship - Customs, Defence and other Govt jobs. I have not seen any with 'No dual citizenship' - do you have a link to one?
http://it.seek.com.au/users/apply/in...obID=10598740&
I guess it depends on how much the employer wants you. From what I have read about ADF IT I am steering clear of these positions. My current position in higher education is enough of working in the public sector.
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Old Sep 25th 2007, 6:43 am
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Arrow Re: Jobs "No Dual Citizenships". Is this legal?

Originally Posted by IvanM
Jobs "No Dual Citizenships". Is this legal?
Yes.

And please bear in mind that it also affects Australian-born Aussies with dual citizenship (like me). So your disadvantage is shared by plenty of Australians.
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Old Sep 25th 2007, 7:14 pm
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Default Re: Jobs "No Dual Citizenships". Is this legal?

Is it a blanket policy or applicable to certain duals?
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Old Sep 26th 2007, 1:48 am
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Default Re: Jobs "No Dual Citizenships". Is this legal?

Originally Posted by killamarsh
Is it a blanket policy or applicable to certain duals?
Only in limited cases (eg if a security clearance was needed, and even then not always).

If a private employer made this a requirement for a job without good reason you could do one of two things:

- not mention your foreign citizenship (if you're Australia born they would never know and it would be none of their business); or

- take legal or other action for unlawful discrimination.
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