Citizenship by descent

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Old Dec 6th 2013, 8:38 am
  #1  
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Default Citizenship by descent

Hello,

I am now about to begin the process of applying for citizenship to Australia by descent. My father was born in Australia and has dual citizenship AUS/UK.

I am 26y/o. I was born in the UK. I am currently in Australia on a one year working holiday visa.

I have a clean record and have all the paper work I need. I was just curious if there were any other requirements that aren't listed on the citizenship website.

After reading the eligibility criteria several times on the Citizenship site, I can't see any reason why I wouldn't be accepted. But that seems to good to be true, these things are never that simple.

Are there any other factors that may stop my application from being accepted? Eg. Do I need employment here (im self employed)? Have I got to be in the country for a certain amount of time before I can be accepted?

Also does anyone have any idea how long Citizenship by descent applications take for approval?

Thank you in advance
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Old Dec 6th 2013, 1:28 pm
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Default Re: Citizenship by descent

Originally Posted by samsamsam
Hello,

I am now about to begin the process of applying for citizenship to Australia by descent. My father was born in Australia and has dual citizenship AUS/UK.

I am 26y/o. I was born in the UK. I am currently in Australia on a one year working holiday visa.

I have a clean record and have all the paper work I need. I was just curious if there were any other requirements that aren't listed on the citizenship website.

After reading the eligibility criteria several times on the Citizenship site, I can't see any reason why I wouldn't be accepted. But that seems to good to be true, these things are never that simple.

Are there any other factors that may stop my application from being accepted? Eg. Do I need employment here (im self employed)? Have I got to be in the country for a certain amount of time before I can be accepted?

Also does anyone have any idea how long Citizenship by descent applications take for approval?

Thank you in advance
All the requirements are on the website
No need for employment or for a presence in Australia or they would have included those in the list.
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Old Dec 6th 2013, 10:13 pm
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Default Re: Citizenship by descent

I think all you need is your birth certificate and your father Australian citizenship proof (passports...). Not sure how long would it take for citizenship by descent application in Australia, it was 2 weeks when i applied for my son in Vietnam at the embassy.
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Old Dec 7th 2013, 12:56 am
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Default Re: Citizenship by descent

If you're over 18 you will need a penal clearance certificate from any country you have spent more than 90 days in cumulatively and any time spent in Australia. In your case this would be at least the UK and Australia. If you don't have a certificate for the UK already you can apply for one from the Association of Chief Police Officers via their website at http://www.acro.police.uk/police_certificates.aspx. For Australia you will need to apply to the AFP at http://www.afp.gov.au/what-we-do/pol...ce-checks.aspx.

Otherwise it's just a case of providing your birth certificate, your Australian parent's proof of citizenship (birth certificate or Australian passport) and proof of your current residential address. These documents need to be originals or suitably certified copies. You will also need to provide a certified passport photo. If your Australian parent has dual citizenship then you will also need to provide evidence of how this was gained (birth certificate for descent, naturalisation certificate if naturalised, etc..)

All the instructions are on Form 118 available from http://www.immi.gov.au.

Applications made in the UK take about a week at the moment. Australia will take a bit longer.
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Old Dec 7th 2013, 6:43 am
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Default Re: Citizenship by descent

I guess the only fly in the ointment could be if your dad relinquished his Aus citizenship to take UK citizenship during that period when you had to give up citizenship to take citizenship of another country. Otherwise it sounds reasonably straightforward.
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Old Dec 7th 2013, 8:55 am
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Default Re: Citizenship by descent

Originally Posted by quoll
I guess the only fly in the ointment could be if your dad relinquished his Aus citizenship to take UK citizenship during that period when you had to give up citizenship to take citizenship of another country. Otherwise it sounds reasonably straightforward.
If wasn't so much that you had to give up your Australian citizenship to take out another citizenship rather that you automatically lost your Australian citizenship if you took out citizenship of another country prior to 4 April 2002. Exceptions apply however and even if that's the case then the OP can still become Australian however it will be by conferral rather than by descent.
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Old Dec 8th 2013, 1:04 am
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Default Re: Citizenship by descent

Originally Posted by samsamsam
Hello,

I am now about to begin the process of applying for citizenship to Australia by descent. My father was born in Australia and has dual citizenship AUS/UK.
Except that it's possible that he lost Australian citizenship without knowing it. Does he have British citizenship as well, and if so, how and when did he obtain it?
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Old Dec 8th 2013, 1:14 pm
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Default Re: Citizenship by descent

Thank you!

He has both an Australian passport and British passport and both are still valid?

My Dad was born in Australia but only lived here for a couple of years and has lived in UK ever since?
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Old Dec 8th 2013, 5:17 pm
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Default Re: Citizenship by descent

Originally Posted by samsamsam
Thank you!

He has both an Australian passport and British passport and both are still valid?

My Dad was born in Australia but only lived here for a couple of years and has lived in UK ever since?
Unfortunately the fact he has an Australian passport doesn't in itself prove he's still an Australian citizen. Many Australians lost citizenship before April 2002 and if they have not resumed their citizenship, their Australian passports are invalid. Even if they have been subsequently renewed.

He could have lost his Australian citizenship if he acquired British citizenship as an adult (age 18, or age 21 prior to December 1973), before 4 April 2002. In addition, if while he was a child one or both of his parents lost Australian citizenship, he may also have lost his Australian citizenship at the time.

All depends on exactly how and when these things occurred.
How and when did he get his British citizenship? And if he acquired British citizenship before he became an adult (including automatically, at birth), did his parents lose Australian citizenship? Where are his parents from?
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Old Dec 9th 2013, 12:22 am
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Default Re: Citizenship by descent

His Parents are from the UK originally, I don't know what their citizenship status was when they were here, they migrated when the Commonwealth was paying migrants to come over. He would have acquired British citizenship whilst he was a child if not automatically at birth.
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Old Dec 9th 2013, 12:38 am
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Default Re: Citizenship by descent

Originally Posted by samsamsam
His Parents are from the UK originally, I don't know what their citizenship status was when they were here, they migrated when the Commonwealth was paying migrants to come over. He would have acquired British citizenship whilst he was a child if not automatically at birth.
If your father received his British citizenship at birth by descent then you'll need to include his Australian birth certificate indicating that his parents were born in the UK and that they were married at the time of his birth.
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Old Dec 9th 2013, 6:05 am
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Default Re: Citizenship by descent

I saw this on the 'Australian nationality law' wikipedia page, would this come into play for me if my father did lose his citizenship when he moved to the UK? -

"Children born to former Australian citizens (only those who lost Australian citizenship by virtue of section 17 of the Act) after loss of the parent's citizenship, and before the parent resumed citizenship, may be considered for a grant of Australian citizenship (whether aged under or over 18). There is no requirement for the parent to resume citizenship. This policy was put in place by Ministerial policy on 13 October 2003 for children under 18 and extended in the 2007 Act to those aged 18 or over."
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Old Dec 9th 2013, 8:18 am
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Default Re: Citizenship by descent

You will be able to become an Australian citizen, even if your father had lost his Australian citizenship, however this seems unlikely as from what you've said he was British by descent at birth.
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