Hannah201515

Hi, I was born in Australia in 1966 and am looking to meet be to Adelaide, I need advice on which forms to use when applying for citizenship so I can apply for my oz passport,any advice gratefully accepted on eligibility etc

teza

Edited, BIP came to rescue with his huge knowledge � ����

BritInParis

So long as your parents were not foreign diplomats then you are an Australian citizen. You only require your full Australian birth certificate to apply for your Australian passport. Where are you living at the moment?

Hannah201515

Hi, yes we are living in uk but have so many questions regarding the whole process, how do I kniw which applications to make to go as a family as I hold a British passport and he will get his oz passport this year, what are the rules and process on moving the kids as they are mine from previous relationship although I am the only one having legal parental responsibilities for them, do you have any knowledge on these issues or could you direct me to a thread perhaps?

BritInParis

Several different things going on at once there. First thing first, you should establish your citizenship status. If you were born in Australia in 1966 to married British-born parents then you will be an Australian citizen by birth and a British citizen by descent. Any children you have had in the UK will be eligible for Australian citizenship by descent. You will need to apply to the Australian High Commission in London for their citizenship certificates. Once you have these then you can apply for both your and your children's Australian passports. You will need the other parent's permission to do this.

If you have a British spouse or partner you wish to sponsor for a partner visa then this is also done via the High Commission. He will not be entitled to an Australian passport by virtue of your relationship. He would need to be an Australian citizen in his own right to be eligible for an Australian passport.

Once your children have their passports and your partner has his visa then you can move as a family to Australia. You will need the express permission of your children's father or a court order to remove them from the country even if you currently have sole custody.

Hannah201515

First and foremost, thank you for taking the time to reply to my questions,so the situation is that my hubby is the one born in SA,can he apply directly for his oz passport as he has a full oz birth certificate? We have a baby together but the other 2 girls are mine from previous relationship and the father is not on birth certificate, in your opinion who would I approach at the right time in reference to my girls, and the fact that my girls are his stepchildren by our marriage would this affect whether the girls could be given citizenship by descent

Hannah201515

Or would my hubby need to apply for the application called getting evidence of Australian citizenship?

quoll

I'm confused - were you born in Australia too? If not, then you are going to have to apply for a spouse visa. Your kids aren't his kids and they will have to apply for visas too, they don't get citizenship by descent which his child does.

If your DH was born in Australia to permanent resident parents then he just applies for his passport using his Australian birth certificate. If his parents were there temporarily then that makes things a bit more difficult

Even if your kids' father isn't on their birth certificates you might want to check whether he needs to give permission for them to leave the country - do they know him at all? Does he know he's the father? Talk to a lawyer about that one, it depends on his involvement with them I think.

BritInParis

Okay, let's start again.

So if your husband was born in Australia in 1966 to British-born married parents then he would be an Australian citizen by birth and a British citizen by descent. The child you have had together (and any children he may have from previous relationships) will be eligible for Australian citizenship by descent. I would suggest getting your baby's Australian citizenship by descent certificate first and then your husband can go to the Australian High Commission in London to make an application for both his and your baby's Australian passports.

Once you have the passports you can then lodge your application for a subclass 309/100 Partner visa. Your baby won't need to be included as a dependent (whether 'migrating' or 'non-migrating', a common mistake) but your children from a previous relationship will need to be included as migrating dependants as they won't be entitled to Australian citizenship by descent. If their biological father is not on their birth certificates then depending on when they were born they may or may not need the father's permission to remove them from the UK to Australia in order to have their visas granted. It would be a good idea to get their father to agree in principle before your start the visa application process.

He can do but there's no requirement to do so.

This is not applicable to anyone born before 20 August 1986. Providing the parents do not hold diplomatic immunity then being born in Australia before this date automatically makes you an Australian citizen by birth.

Hannah201515

Ok, I have been going over your advice thank you for your time, how and where would I find out whether I need the fathers permission, would I ask my local council or family court for guidelines or would I do this while using a migration expert, my girls were born in 2006 and 2007 and have not seen their biological father even once since 2007 his choice, I just need some advice on what organisation to approach for the legal guidelines, also we are going to apply for our baby's citizenship first as you suggested but my husband is asking how it stands if his 28 year old non dependent employed son wants to come too , is the son also eligible to apply for citizenship and subsequently a aus passport as his Dad was born there, many thanks for your responses and advice

BritInParis

Regarding your children from a previous relationship it will depend on who legally has parental responsibility. If their biological father does not appear on their birth certificates and does not have a Parental Responsibility Agreement with you, a Parental Responsibility Order from the court or a Residence Order (later known as a Child Arrangements Order) then he would not have parental responsibility for the children and therefore he does not need to give his permission for you to remove them from the UK.

https://www.gov.uk/parental-rights-responsibilities

All things being equal your husband's adult son would be eligible for Australian citizenship by descent. He only needs to apply for his certificate and then his Australian passport. As an Australian passport holder he can go and come from Australia as he pleases.

Hannah201515

Ok so the more I hear is bringing more questions, once my hubby holds his Australian passport would he need to do the citizenship test, and as I would be applying for partner visa would I be required to do the test, would we be required to have substantial savings or could we apply for partner n kids visas, and would hubby be required to secure employment before we go or could we just pay for 6 months accomplish and seek work once there,also is there anything at all that could stop hubby obtaining Australian passport, he is 51 now but had a few incidents with police in his twenties, he's never been in prison of anything but had a few things on his record in his twenties minor stuff but all the same is it something that could affect him being issued a passport.

Hannah201515

I meant to say could we secure 6 months accommodation, typing error

Pollyana

Your husband is already a citizen, he does not have to do the citizenship test. He just needs to get his passport.
And no, he does not need to get a job before moving. If he doesn't want to ever get a job he can just move and never work again, there is no requirement for him to be employed at all.

You will need to do the citizenship test when you get to applying for citizenship, but you will have a few years to do on the Partner Visa before you get that far.

Hannah201515

Thanks for that info and would he get to keep his British passport also or would he no longer have a right to that