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-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   Citizenship -born overseas non AU parent (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/citizenship-born-overseas-non-au-parent-550416/)

HPOP Jul 21st 2008 10:14 pm

Citizenship -born overseas non AU parent
 
Hi all,

My son was born overseas by the time I didn't have Australian citizenship. He was raised overseas till he was four.
Once that I became Australian (skilled independend migrant), I applied for a child VISA (that was granted in May 2008) and now my son is in Australia as a permanent resident (from June 2008).

Does he have to wait 4 years to apply for Australian citizenship or does he have the right to apply right away?

Thank you and cheers.

Horea.

JAJ Jul 22nd 2008 12:55 am

Re: Citizenship -born overseas non AU parent
 
Are you an Australian citizen now? And how old is the child?

HPOP Jul 22nd 2008 3:11 am

Re: Citizenship -born overseas non AU parent
 
Hi Jaj,
Yes, I am an Australian citizen now. I got the citizenship 4 months ago.

My child is 3 years and 7 month old. He came in Australia 1 month ago travelling on a child VISA. He became a permanent Australian resident when he entered Australia.

So I am Australian citizen, he's Australian permanent resident, but I was not Australian when he was born. On DIMIA site I didn't find anything that refers to this situation.

Thank you and cheers,
Horea.

JAJ Jul 22nd 2008 3:55 am

Re: Citizenship -born overseas non AU parent
 

Originally Posted by HPOP (Post 6596539)
Hi Jaj,
Yes, I am an Australian citizen now. I got the citizenship 4 months ago.

My child is 3 years and 7 month old. He came in Australia 1 month ago travelling on a child VISA. He became a permanent Australian resident when he entered Australia.

So I am Australian citizen, he's Australian permanent resident, but I was not Australian when he was born. On DIMIA site I didn't find anything that refers to this situation.

You can apply for him to be granted Australian citizenship, as far as I can see. He does not need to wait the 4 years because he is under 16, has PR and has an Australian parent.

Is his other parent also in Australia? If not, what is the specific circumstance there? Also, what nationality is the child and will the child lose that nationality upon becoming an Australian citizen?

HPOP Jul 22nd 2008 6:28 am

Re: Citizenship -born overseas non AU parent
 
Hi Jaj,

Thank you for your input.
The other parent is just couple of weeks short of becoming Australian citizen too.

The child has Romanian nationality (like me) and according to the Romanian law, he doesn't loose it upon becoming citizen of another country.

I realize that the child is under 16, has PR and has an Australian parent, I am just afraid that because he was NOT BORN to an Australian parent, he could not apply. The DIMIA's page says that the child should be born to an Australian parent.

Thanks, cheers,
Horea.

JAJ Jul 22nd 2008 11:55 am

Re: Citizenship -born overseas non AU parent
 

Originally Posted by HPOP (Post 6596953)
I realize that the child is under 16, has PR and has an Australian parent, I am just afraid that because he was NOT BORN to an Australian parent, he could not apply. The DIMIA's page says that the child should be born to an Australian parent.

For citizenship by descent, yes.

However we are taking about citizenship by conferral (grant/naturalisation).


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