woow

dear folks,
can any one tell m e that a child born in australia and citizen by birth lose his citizenship if the parents lose their p.r as a result of nt living in aus or any other reason

JAJ

No. But it can happen if parents are citizens and renounce their citizenship.

woow

so it means that if the parents lose their citizenship the child a citizen by birth will losse too but not in case of losing p.r that is a bit amazing

woow

it means that if a p.r person lose the p.r status o r it gets cancelled then his/her child a citizen by birth wil not lose the citizenship but at the same time if a citizen lose the citizenship or get revokese the same child will lose citizenship too if the orher parent is not a p.r or citizen plz correct me or comment on this

CrystalBall

There is a major difference between losing your PR because you are out of Australia and having it cancelled because you provided fraudulent documents to obtain it.

If the parents are just outside of the country for 10 years and cant get an RRV, then the child will still be an Australian Citizen. (I have a client in this situation)

If the PR was obtained by fraud, then I wouldn't be surprised if the childs citizenship was not also cancelled.

cheers

woow

yeh that is intersting but which country would the child b citizen of then if child looses his/her citizenship as the child could well b the citizen by descent of the other country too where parents have been born but that would b b descent n by birth would b of aus n that is surprising to lose citizenship by birth n having 1 by descent just

ronan_in_Oz

Very good info.

I understand that PR can be revoked anytime. But once granted, can citizenship be revoked at a later stage?

JAJ

Usually parents with an Australian citizen dependent child can claim "substantial ties" to Australia and get an RRV on this basis.


Not legally possible, based simply on cancellation of a PR visa.

JAJ

Only if certain criteria are met ... it cannot be revoked on a whim.

Not easily! You'd need to be convicted of some specific offences:
http://www.citizenship.gov.au/loss/deprive-citz.htm

bilal154

after going through this wonderful post and the citizenship link i wonder what the ex citizen visa is and a person having citizenship revoked can still have the ex citizen visa which i read is permanent one what is that

JAJ

If someone's citizenship is revoked and they are in Australia they get an ex-citizen visa automatically, this could also be cancelled.

Is this something you are planning?

ColonialCousin

My understanding is that an ex-Citizen's visa allows an individual to remain a legal resident in Australia between such a time as his citizenship being revoked and his/her departure from the country.

JAJ

If your understanding is that the holder of an ex-citizen visa is expected to leave Australia, then that is completely wrong.

ex_exile

"Stateless" children is an interesting exception to citizenship rules, if a child is born in Australia to non PR's who cannot claim the citizenship of their own country for the child then I believe the child becomes an Australian citizen.

JAJ

Child can be registered as Australian in certain circumstances if stateless, principally if the child has no prospect of obtaining another country's citizenship.

It's unusual, but happens from time to time. Usually some combination of parents being citizens by descent of a country that puts limits on transmission, mother being a citizen of a country that doesn't let women pass on citizenship, and/or an unmarried father.

Separately to this, if child lives in Australia for first 10 years, child becomes Australian on 10th birthday. Immigration status is irrelevant and child does not have to be stateless.