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A couple of questions on Citizenship by Descent

A couple of questions on Citizenship by Descent

Old Aug 22nd 2013, 1:50 pm
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Default A couple of questions on Citizenship by Descent

Has anyone gone through this process? I've done a search of this site but unfortunately not found the answers I'm looking for.

I will find out on Sept 6th whether my work application for Australia has been successful and will start the Visa application process. As my mother in law is Australian, we are considering whether it's worth my wife applying for Citizenship by Descent (CbD) as I will need to obtain citizenship within 90 days of arriving in Australia due to the nature of the job, and the wife also wishes to gain citizenship.

So, the questions:

How long does the CbD process take on average?

If granted, will we both still need to apply for Visa's as we are UK residents?

If granted, will it have an impact (Positive or negative) on my Visa application?


Thanks in advance.
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Old Aug 22nd 2013, 2:32 pm
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Default Re: A couple of questions on Citizenship by Descent

Originally Posted by Gaz_F
Has anyone gone through this process? I've done a search of this site but unfortunately not found the answers I'm looking for.

I will find out on Sept 6th whether my work application for Australia has been successful and will start the Visa application process. As my mother in law is Australian, we are considering whether it's worth my wife applying for Citizenship by Descent (CbD) as I will need to obtain citizenship within 90 days of arriving in Australia due to the nature of the job, and the wife also wishes to gain citizenship.

So, the questions:

How long does the CbD process take on average?

If granted, will we both still need to apply for Visa's as we are UK residents?

If granted, will it have an impact (Positive or negative) on my Visa application?


Thanks in advance.
It's you citizenship that matters, I'm assuming from your original post you are an Australian citizen, perhaps even a dual citizen?, if so you will have no problems. That info is important to allow people to give you specific advice.
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Old Aug 22nd 2013, 4:19 pm
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Default Re: A couple of questions on Citizenship by Descent

Originally Posted by mikelincs
It's you citizenship that matters, I'm assuming from your original post you are an Australian citizen, perhaps even a dual citizen?, if so you will have no problems. That info is important to allow people to give you specific advice.
Hi, thanks for the reply.

No, I am not an Australian citizen, but have to start the paperwork to become one within 90 days of my arrival. My wife is the one who is planning to apply for Citizenship by Descent as her mother was born in Australia.

I'm just wondering whether it would be an easier route for my wife to obtain citizenship before we arrive rather than waiting for the usual (IIRC) two years of residency. Hence the question on the average time for the process to take, opposed to applying for Visa's as I understand this will be fast-tracked to a degree due to my employment. And as we are still in the UK, whether we would still need to apply for the Visa's making an application for Citizenship by Descent something to look into at a later date.
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Old Aug 22nd 2013, 4:23 pm
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Default Re: A couple of questions on Citizenship by Descent

Originally Posted by Gaz_F
Hi, thanks for the reply.

No, I am not an Australian citizen, but have to start the paperwork to become one within 90 days of my arrival. My wife is the one who is planning to apply for Citizenship by Descent as her mother was born in Australia.

I'm just wondering whether it would be an easier route for my wife to obtain citizenship before we arrive rather than waiting for the usual (IIRC) two years of residency. Hence the question on the average time for the process to take, opposed to applying for Visa's as I understand this will be fast-tracked to a degree due to my employment. And as we are still in the UK, whether we would still need to apply for the Visa's making an application for Citizenship by Descent something to look into at a later date.
I think you have to look very carefully over the requirements, you will have to be a PR, and have lived, in Oz for several years before you can even apply to become a citizen. Are you confusing getting PR with becoming a citizen?

Last edited by mikelincs; Aug 22nd 2013 at 4:25 pm.
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Old Aug 22nd 2013, 4:40 pm
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Default Re: A couple of questions on Citizenship by Descent

Either your wife is a citizen already, albeit that the formal paperwork needs to be dealt with. Or she isn't (because she isn't entitled to be). If the former, she cannot have a visa, because these are only available to non-Australians. If she qualifies (as presumably she will with an Australian mother, unless there are any unusual issues), it doesn't matter how long it takes, because there is no other option. Although if she has all the paperwork she needs, I doubt it would take very long - almost certainly considerably less time than most permanent resident's visas would take to arrange.

Also, to be able to get your own citizenship in 90 days would be very unusual, given it normally takes at least 3 years. Are you sure this is a possibility?
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Old Aug 22nd 2013, 4:43 pm
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Default Re: A couple of questions on Citizenship by Descent

Originally Posted by mikelincs
I think you have to look very carefully over the requirements, you will have to be a PR, and have lived, in Oz for several years before you can even apply to become a citizen. Are you confusing getting PR with becoming a citizen?
If you're alluding to my 90 days, no there's no confusion. If successful in my application I'm going into government employment (ADF), hence I will need to be an Australian citizen to ensure I have the correct access clearances for the area I specialise in. I will also need to relinquish my UK citizenship at the same time.

Unusual, but not unheard of.

Last edited by Gaz_F; Aug 22nd 2013 at 4:49 pm.
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Old Aug 22nd 2013, 4:45 pm
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Default Re: A couple of questions on Citizenship by Descent

Originally Posted by louie
Either your wife is a citizen already, albeit that the formal paperwork needs to be dealt with. Or she isn't (because she isn't entitled to be). If the former, she cannot have a visa, because these are only available to non-Australians. If she qualifies (as presumably she will with an Australian mother, unless there are any unusual issues), it doesn't matter how long it takes, because there is no other option. Although if she has all the paperwork she needs, I doubt it would take very long - almost certainly considerably less time than most permanent resident's visas would take to arrange.

Also, to be able to get your own citizenship in 90 days would be very unusual, given it normally takes at least 3 years. Are you sure this is a possibility?

Thanks, it looks as if it makes more sense to get the Citizenship by Descent paperwork completed.
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Old Aug 22nd 2013, 5:53 pm
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Default Re: A couple of questions on Citizenship by Descent

Assume that her Australian mother is Australian born and not by descent herself in which case she would have had to have had a period of residence in Australia in order to pass citizenship down, she may have relinquished her citizenship if she took another citizenship of course in which case ..... Who knows where your wife would stand and also that he was n Australian citizen at the time of your wife's birth. Sounds like CbD is the way to go here if its straightforward.
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Old Aug 24th 2013, 1:26 am
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Default Re: A couple of questions on Citizenship by Descent

Originally Posted by louie
Either your wife is a citizen already, albeit that the formal paperwork needs to be dealt with. Or she isn't (because she isn't entitled to be). If the former, she cannot have a visa, because these are only available to non-Australians. If she qualifies (as presumably she will with an Australian mother, unless there are any unusual issues), it doesn't matter how long it takes, because there is no other option.
Australian citizenship by descent is never automatic. In other words, a person who is eligible for Australian citizenship by descent and never makes an application does not become an Australian citizen by descent.

Such a person is entitled, if otherwise eligible, to obtain a permanent resident visa and become a naturalised Australian citizen after meeting normal residence or other requirements. Although such a pathway would be unusual, it is legal.
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Old Aug 24th 2013, 1:30 am
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Default Re: A couple of questions on Citizenship by Descent

Originally Posted by Gaz_F
Has anyone gone through this process? I've done a search of this site but unfortunately not found the answers I'm looking for.

I will find out on Sept 6th whether my work application for Australia has been successful and will start the Visa application process. As my mother in law is Australian, we are considering whether it's worth my wife applying for Citizenship by Descent (CbD) as I will need to obtain citizenship within 90 days of arriving in Australia due to the nature of the job, and the wife also wishes to gain citizenship.

So, the questions:

How long does the CbD process take on average?

If granted, will we both still need to apply for Visa's as we are UK residents?

If granted, will it have an impact (Positive or negative) on my Visa application?

1. Citizenship by descent can be granted at the Australian High Commission in the U.K. Every case is different but it can be quick, within a month or two. Note the requirement for police checks.

2. An Australian citizen does not need a visa (but does need an Australian passport). A non-citizen does need a visa.

3. Your spouse becoming Australian will not impact your visa application, except that she will not need to do a medical. It will give you the additional option of a spouse visa application instead of an employer sponsored migration visa, assuming that is your plan.

At this stage, assuming you are planning to get a permanent employer sponsored visa, you should probably continue as planned. Your wife can apply for Australian citizenship in parallel. If your wife becomes an Australian citizen after getting a visa, her visa becomes null and void but as long as you were the primary applicant, yours will be unaffected.
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Old Aug 24th 2013, 10:50 am
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Default Re: A couple of questions on Citizenship by Descent

Apologies to the OP for getting it wrong. JAJ is the guru, you are fortunate he saw this post and replied.....
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Old Aug 25th 2013, 1:40 pm
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Default Re: A couple of questions on Citizenship by Descent

Just as a side note, if your wife did not go down the CbD route, your wife (and any dependant) will also be able to obtain citizenship,at the same time as you - once you have completed 90 days in ADF. The rules for this changed in January 2013 x
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Old Aug 25th 2013, 1:50 pm
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Default Re: A couple of questions on Citizenship by Descent

Originally Posted by Jilliebee
Just as a side note, if your wife did not go down the CbD route, your wife (and any dependant) will also be able to obtain citizenship,at the same time as you - once you have completed 90 days in ADF. The rules for this changed in January 2013 x

Thanks for the replies everyone.



Jilliebee, that is a very interesting thing to know. It may be easy to just go for the Visa's then, as at least I'll know we should get them around the same time, if not the same day. More expensive, but peace of mind is worth a lot.
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Old Aug 25th 2013, 3:18 pm
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Default Re: A couple of questions on Citizenship by Descent

Are you coming over as a lateral? If so, you'll get all your visa costs back if you are successful. Also, you,don't relinquish your UK citizenship. You get dual x
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Old Aug 25th 2013, 4:26 pm
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Default Re: A couple of questions on Citizenship by Descent

Originally Posted by Jilliebee
Are you coming over as a lateral? If so, you'll get all your visa costs back if you are successful. Also, you,don't relinquish your UK citizenship. You get dual x
The wife will get dual nationality; but I need to be an Australian citizen without any other ties due to what I do. Same over here in the UK, you cannot work in the field I work in if you have dual/foreign nationality. You wouldn't believe the hoops I needed to jump through work wise in the UK as my mother in law is an Australian national. Even the wife going for CbD can cause some issues for me here in the UK.
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