IrishDigger

I'm sure not many people would have been aware of this,

https://www.abc.net.au/news/2023-02-...-law/101875820

Kiwikaye

I was aware of it in the 90's as someone I worked within London was Australian. She married a Brit but could not get a UK passport at that time without losing her AU citizenship. I knew the rule had been repealed but not the year it happened. I don't know how widely this is known, but I would guess that the majority of dual citizens in Oz would have the other citizenship already (by birth or descent) and then acquire Oz so would not be affected by this situation.

I acquired my AU citizenship in 2001 as they were changing the laws around Kiwis in Oz then and wanted to ensure I could stay, but as I already had NZ citizenship (from birth) that wasn't affected.

Kiwikaye

Just adding that I did find it interesting that the article states he could re-acquire his citizenship on application with payment of $210, assuming he is of good character. This apparently has an "unknown" processing time, but would presumably be worth the wait if it's that important to him. In the context of Australian visa fees, this does not seem high, particularly if, as stated in the article he has spent a considerable amount on lawyers so far - why not just apply and pay the fee?

scrubbedexpat143

My situation is somewhat of an aside, but it may be relevant to some.

I lived in Australia as a permanent resident until 1980 when I signed on the dotted line and became a citizen. Even then I opted to hang on to my (dual nationality) Canadian passport as back then I made regular trips home to see family. I did query the good people at Immigration about this and they said no worries, just go. However, I did need a re-entry visa to come back, which was always granted and stamped in my passport in 1-2 days.

In 1993 or 1995 I was at Immigration for a re-entry visa when someone advised me I should get an Australian passport. They explained this would save me no end of hassles on returning as some Immigration staff at airports could be "toey" about arrivals flashing foreign passports and there could be questions asked and delays expected before I was let in.

I saw the writing on the wall and went for the Australian passport. I now no longer hold a Canadian passport as I've not been back for many years, however Ottawa it seems now requires me to get a Canadian passport to be let into the country of my birth and where I still hold citizenship. Consular staff in Canberra admitted that yes, this looked and smelled like a cash-grab and a bureaucratic complication.

I specifically asked if I would be allowed into Canada if I turned up at the border, say from the USA after having been admitted there, with an Australian passport. They said the "fact" that I was born in Canada basically had no relevance and the new rule was you want to go to Canada, you get a Canadian passport. As well, whichever passport I flashed at the time of arrival at the border, the final decision as to yay or nay would be entirely at the discretion of the Immigration official I was talking to at the time and place.

The price of the Canuck passport was also high and I opted not to get it. As I've not been back to Canada since, this hasn't been a problem.

SO and I are now thinking of making an extended visit to Canada in 2024. Given my age, this would probably be my last time to see my native shores.

I expect to be contacting the Canadian Consulate in Canberra again about this, and the merry-go-round may start spinning all over again. Such is life.

old.sparkles

Why would you contact the consulate for a passport?

If you are trying to avoid buying a Canadian passport, then I would probably post in the Canadian forum about land crossings from the US - but seems like a lot of hassle to avoid paying for a passport.

Pollyana

The law did change in recent years to require Canadian citizens to use Canadian passports to enter/leave there, same as with the USA and Australia requiring their citizens to use that country's passport/. Well documented and discussed in the Canadian forum.
If one doesn't have a Canadian passport or valid visa, one needs to get a Canadian eTA, and as a Canadian citizen, you can't hold either of those.

christmasoompa

It's really not a cash grab, as said above it's because the ETA system was introduced a few years ago. The airline staff or immi officers need to know people are eligible to enter Canada with a Canadian passport, or visa, or ETA. You're not eligible for the latter two as a citizen, so you must have the first.

Many, many countries have exactly the same system and requirements, including the US and Australia, and the UK is introducing it shortly too.

There's no point in contacting the consulate I'm afraid. It's been the law since Sept 2016 that you must enter on a Canadian passport, they're not going to make an exception just for one person unfortunately.

scrubbedexpat143

I do not want or need two passports. I live in Australia and an Australian passport serves me best. The point I made (you seem to have missed or overlooked this) was I now need a Canadian passport to return to my original home country, and if I get one,I may put my Australian citizenship at risk. I've been aware of this since the 1990s when Immigration Australia made me aware of their requirement that as a citizen of this country, I should ideally travel on their passport. Which I do.

As for the rest, I and many others find the rules (new and old) about dual nationalities and two passports to be vague and confusing. I have yet to contact Immigration to discuss it, as frankly the matter has not been that pressing. When the time comes, I will.

Someone has suggested I should travel to the USA (on their visa) and then enter Canada as a Canadian citizen. This seemed good advice at first, but on second thought I decided it may be "borderline legal" and the risks could be higher than I want to take. At any rate I've no intention of breaking the immigration laws of any country, so I will try to sort out the matter with the relevant agency or the consulate before I travel. Or change my travel plans accordingly.

If and when we travel to Canada Ian 2024 we will likely be returning via Honolulu, which means a US visa will be required. I've had those before and they can be obtained here without great fuss or bother. So we are fine with that. At Vancouver with our Australian passports, we will then have to line up in the international queue and the fun games could start then.

Pollyanna, you have made this very clear. It concisely states the situation problem) as I see it. Thanks.

What you wrote is confusing. Basically, in your first sentences you say only travelers with a Canadian passport can enter Canada. Wrong, wrong, wrong, wrong. There is nothing else to say about this, so let's move on to the rest of your post.

Respectfully, yes, it is a cash grab. Even staff at the Consulate in Canberra said they saw no purpose in this new rule, it was confusing even to them, and on the surface it did seem to be a cash grab, and I agreed. Do you know the cost of a Canadian passport? I do. Paying so much for one trip when I could be traveling as an Australian citizen is pointless and, for me, expensive. I am perfectly fine to pay for a visa to Canada if need be. But why do I need a new passport? Because they want the money, pure and simple.

The problem here is that Canada demands I hold a Canada passport to return to the country of my birth, and as the new rule now stands, Canada's immigration computer system has me flagged as a dual national, and under the new rule there may be the risk that I may not be allowed into the country if I arrive only with my Australian passport. Even staff at the Canberra consulate agreed with me on this.

As for contacting the Consulate in Canberra, well, why not? Is that not what they are there for, to assist us and explain all these rules and regulations? I've always found them helpful with advice even if at times they readily admit they can do little or nothing to do much or anything to assist in some matters (notably tax problems and queries).

This is the basic point that confuses Aussie-Canucks living here. Dual nationality has become somewhat of a minefield in recent years and Canada is obviously disregarding my basic point that as an Australian who happened to have been born in Canada, I am now Australian as well as Canadian, and I prefer to travel as an Aussie. I should be able to get a visa (and pay for it if I must) and enter Canada as an Australian, obeying all the rules and regulations. That Canada refuses to let me in unless I cough up a few hundred dollars for a passport I would likely use only one time, is my point. To date nobody has satisfactorily explained why this is so, other than to affirm my original comment that it's a cash grab.

Anyway, enough of this, we have strayed from the OP's original post and it's time to return to it. Some excellent advice has been offered him that he can always return to Australia as an Irish citizen and when back here, reapply for his citizenship. This will surely be the easiest way for him and (other than high airfares) he will be saving a lot of time and maybe even money.

There is the possibility that he may have to surrender his Irish passport. He may not want to do this. If he prefers to live in Ireland or elsewhere in Europe, or to enjoy the benefits of an Irish passport in the EU, that is an entirely different matter and the OP has to consider his situation. He may be able to defer reapplying for his Australian citizenship until a later date, but he should look into this and contact his closest embassy or Immigration office for specific advice.

Now let's all try to help the OP with whatever good advice we can give. All "Without Prejudice", of course...

old.sparkles

Renewing your Canadian passport will not put your Australian citizenship at risk.

If you want to only be Australian, I'm sure there is a way to relinquish Canadian citizenship. If you did this, you can then apply for an ETA / visa with your Australian passport.

The OP was linking to a story - the subject of which is not a member of BE (most likely) so unlikely to be reading posts.

christmasoompa

That's not what I said at all, I said passport or visa or ETA.

It's perfectly legal to do that. Although I suspect by the time you've paid for your ESTA application (no visa required for the US), plus travel from the US to Canada, plus insurance for the US, it would far exceed the $120 to renew your Canadian passport.

It's a service that is done on a cost recovery model so that taxpayers don't have to subsidise it. Fees were increased a few years ago, because at that point there was a $5 loss on every passport produced (more for children's as they cost more to produce yet the fee is less). So it does cover its costs now but it's not like it's a huge money maker.

Of course you can contact them, I was just pointing out that they're not going to change the law just for you.

You are not eligible for a visa, or an ETA, as a citizen.

If you really don't want to get a Canadian passport and are sure you will only visit Canada once more, then as above your only option is to renounce your citizen and then apply for an ETA. But as the fee to renounce your citizenship is $100, then the ETA cost is $7, it seems like a lot of hassle to save just $13.

Also, just to correct one thing you said above - "whichever passport I flashed at the time of arrival at the border, the final decision as to yay or nay would be entirely at the discretion of the Immigration official I was talking to at the time and place". If you have a Canadian passport, you cannot be refused entry as a citizen. So that may be another incentive to renew, so that you know you can always enter your country of birth if you wish.

HTH.

BritInParis

Because some people think throwing money at a situation will fix it and there are plenty of unscrupulous lawyers happy to indulge that fantasy. All these immigration sob stories seem to feature that particular line.

It’s undoubtedly a shock initially but the letter he would’ve received from the Department of Home Affairs would’ve outlined the process for reacquiring citizenship. Ultimately he’s turned a bureaucratic mole hill into a mountain for no good reason other than bruised ego.

quoll

Good to hear that UK is going to introduce that rule too, it makes sense! I keep telling my Australian citizen son that he needs to get his Aus passport - it lapsed 10 years or more ago and he travels everywhere on his UK one - except should he decide he needs to come and see us/clear up business here. The Aussie one was over twice the price of renewing the UK one when we had to do it back in 2018.

quoll

Absolutely! I think he's most miffed that his kids dont get citizenship by descent but the option for him to resume citizenship has been there for the past 20 years, he just wasnt paying attention

BritInParis

His children will be able to obtain citizenship by conferral which is actually superior as it doesn’t require them to spend two years in Australia before they are able to pass it onto their own children so other than some form filling and fees (which they would’ve needed to pay regardless for citizenship by descent) it’s really a non-issue.

scrubbedexpat143

Many excellent points made here since my last post. I have learned a lot. Many thanks, everyone.

I agree with the comment that the easiest (and likely the best) option for the OP is to reapply for his citizenship. Unless of course he has other motives (which may well be entirely "legit") to hold on to his Irish citizenship and passport for now. We don't know what his exact situation is here now, so anything more we write will be entirely conjecture.

As for me, I am happy with my current "dual" situation and I will go on going on as I have since 1975. If all this ruffle means I cannot visit Canada without complications arising, then so be it. The climate in New Brunswick for most of the year is atrocious anyway and I no longer have any close family there, so I'll not be missing much - a swim in the Northumberland Strait from Parlee Beach, also the annual Shediac Lobster Festival, both always enjoyable and in the latter case a social meeting place for family members and local people I know, so this, well, maybe, but not the price of fresh lobster which I can buy more cheaply in Asia than anywhere in the West anyway.