melrodrigues

Hello all!

My husband, myself and our young kids are just beginning down the long road of moving to Australia from Alberta, Canada.

I would love some advice on migration because I couldn't find an existing post that covered our situation. I'm actually an Australian citizen (by descent, through my mother) but have been living in Canada since I was 5 years old. Is it possible to have my kids (3 and 4 yrs old) granted Australian citizenship by just a simple matter of applying for their citizenship based on the fact I have mine?

In addition, we don't know whether my husband would need to apply for a work visa as a skilled worker (he's currently a Director in the Oil & Gas consulting/engineering sector) or if it's easier for me to sponsor him to bypass that process....? Is that even possible?

At this point, I think what we need to do is speak with an Immigration Consultant but I thought I'd post something here as well.

Thanks for any advice!!

Melissa

Pollyana

If you are an Aussie its almost certainly easier & cheaper ( and probably quicker ) to sponsor him for a Spouse Visa. He would get PR straight away and there would be no need to worry about getting skills assessed etc.
Have a read of the info on Spouse Visas - http://www.immi.gov.au/migrants/fami...as-partner.htm

melrodrigues

Great! Thanks for the link

JAJ

Can they be registered as citizens by descent? Yes, normally, provided that:

- you acquired your Australian citizenship before they were born; and
- since you're Australian by descent, you have spent a total of 2 years in Australia.

Do you meet these requirements? If not, you'll have to get your children permanent visas first and then get them naturalised in due course.


What about you? You came to Canada when you were 5, but are you a Canadian citizen? Also, depending on where you were born, you may have nationality of that place and your children may also have it.

melrodrigues

I did acquire my citizenship before the kids were born but I have to figure out if I spent a total of 2 years in Australia and find a way to prove it. I would have to find my Australian/Canadian passports that I had as a baby. My parents moved us back and forth between Australia and Canada a couple times so it might be cutting it close.

I am a Canadian citizen as I was born here. I wonder if it will matter if my parents now live in Australia? Likely not...

JAJ

DIAC keep fairly good movement records so if you can't find everything it may not be a problem. Can you ask your parents about when they moved back and forth? At least then you'll know if you're anywhere close to 2 years or not.

You don't have to have been an Australian citizen during the 2 year period, but it has to have been legal under the immigration laws.


Did your parents ever acquire Canadian citizenship, and if so when? You need to be aware that if they lost their Australian citizenship at the time (which makes their Australian passports invalid) then you may also have lost your Australian citizenship as a result, if you were under 18.

Depends on when they became Canadian - if before 4.4.02, then there is probably a loss of citizenship situation for them.

melrodrigues

Good news about not having to be a citizen during the two year period as I wasn't. Will definitely be talking to my parents about the actual time spent there. I'm pretty sure it's over 2 years.

I applied for my Australian citizenship 12 years ago when I was 21 so I should be okay for that.

My mom and dad reside in Australia and are full-fledged citizens of both Canada and Australia. (Fortunately after all the years in Canada, my mom didn't lose her Australian citizenship).

I should clarify that my dad is Canadian and my mom is Australian. When my mom and dad moved there (on a spousal visa I'm sure), he was a permanent resident and then was granted citizenship.

JAJ

If your parents have records of the time when they spent in Australia, these can be included. Plus they can do a statutory declaration as to when they were in Australia, and the fact that you accompanied them.

If you were a non-citizen at the time, you must have had a valid visa to live legally in Australia. Is that the case?

Before 1 July 2002, the normal age limit to apply for for Australian citizenship was 18th birthday, unless you were born on or before 15 January 1974.

If you were born in 1979 or so, and say you became an Australian citizen by descent at age 21, ie in the year 2000, this doesn't make sense with the way the law was at the time. Are you sure your dates are correct?


Do you mean by this that she never became Canadian, or that she became Canadian on or after 4.4.02?

melrodrigues

Chatted with my mom last night and the total time I've spent in Australia equals under 24 months. So will be applying for child visas for the kids as the alternative. I was a non-citizen at the time with the appropriate visas but that's irrelevant now!

As for the citizenship, I was born in 1978 and applied at the end of 2000 (so yes, I guess I was 22). It was granted in early 2001.

My mom did become a Canadian but I'm sure it was after 4.4.02 as she still has both citizenships.

JAJ

They can be included as dependents on your husband's spouse visa application. Saves you paying the application fee twice, etc.

Once they have arrived in Australia with permanent visas uyou can immediately apply for them to be granted Australian citizenship. They won't have to wait out the normal 4 year residence requirement.

Also - as a sponsor of non-Australian children for residence, you will have to do police checks as part of the process.




Sounds to me like your citizenship was granted by mistake, then. The citizenship by descent age limit (for someone born in 1978) was 18th birthday, up to the middle of 2002.


How do you know she's still Australian? If, as an adult, she became Canadian before 4.4.02 she's not an Australian citizen any longer and even if she got herself an Australian passport subsequently, it doesn't matter. Her passport would be invalid and her status in Australia that of an unlawful non-citizen.

All that said, if she did lose her Australian citizenship she can normally resume it, and won't have to leave Australia - but she has got to do that.

As for you, if she did lose her Australian citizenship, your Australian citizenship also may be invalid, depending on the exact date involved. Again - it can probably be resolved but you need to know the facts.

Bottom line - you need to see a copy of her Canadian citizenship certificate. It's surprising you don't know when she became Canadian. She would have had to attend a citizenship ceremony, normally, and that's usually a significant event for any family.

melrodrigues

I believe she became a Canadian citizen when I was still a baby. She had been in Canada for at least 3 years by the time I was born. Will definitely be asking about exact dates regarding her Canadian citizenship along with the validity of her Australian.

She's been back in Australia for 8 years now with no issues so I would assume that everything is legit. Doesn't hurt to ask questions though!

JAJ

She may not want to hear this but if she became naturalised Canadian around 1979-80 then she absolutely lost her Australian citizenship at the time. However, the Canadians probably didn't tell the Australians (doesn't matter - she still lost her citizenship).

Unless there's something else you've not told us, such as perhaps she had a Canadian parent and got her Canadian citizenship as a child - that's the way it is.

Either the Australian passport renewal forms she completed since didn't ask her about acquiring her Canadian citizenship, or the questions were overlooked. Again - either way, it doesn't matter. If a non-citizen is issued an Australian passport, it doesn't make that person a citizen.

She needs to apply for resumption.
http://www.citizenship.gov.au/current/resumption/
She will probably need a Canadian police check to show that she has a clear criminal history. Otherwise, the resumption process is straightforward.

And I repeat what I said previously, that since she gained admission to Australia based on an invalid passport (however unwittingly) then her status is that of an unlawful non-citizen. She's not the first in this situation and normally DIAC are understanding - provided that she sorts out her resumption.

Your father's Australian citizenship should be safe, despite the fact that your mother had no basis legally to sponsor him at the time.

As for you, you still need to know the exact date she ceased to be Australian. If it was after you were born then you are probably ok since your mother was Australian at the time of your birth. If it was before you were born then your Australian citizenship is also invalid. In that case, there is a special grant of Australian citizenship you may apply for.
http://www.citizenship.gov.au/applyi.../child_former/

And even if your Australian citizenship is valid - have you got any siblings? They may need to re-apply for citizenship even if you don't.

melrodrigues

Just on the phone with my Mom...she became a Canadian in 1984 (and thus, lost her Australian citizenship) but re-applied for Australian citizenship in 1999 when they allowed dual citizenship.

So fortunately, her citizenship is valid.

I also checked with the Australian Consulate regarding my citizenship and it is legit.

JAJ

Good that she has resumed, after all. Relatively few former Australian citizens have taken that step.

If by some chance you have a sibling born after she lost her Australian citizenship in 1984, he or she does need to take some additional steps to become an Australian citizen but otherwise everything looks in order.

So for you the plan appears to be to sponsor your husband for a spouse visa, including your children as dependents. Once your children have entered Australia with permanent visas, they can immediately be granted Australian citizenship (under current policy, which can change). This isn't citizenship by descent but rather a standard grant/naturalisation.