Citizenship Path: Born to Former Australian Citizen

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Citizenship Path: Born to Former Australian Citizen


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Old 08-22-2019, 09:15 PM
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Citizenship Path: Born to Former Australian Citizen

Hi Everyone,

After doing lots of research, I found very little information regarding gaining Australian citizenship by way of being born to a former Australian Citizen. There was a post here and a post there but not much else. Despite that, the DOHA website had a fair amount of information and we were able to lodge the application without too much fuss.

I started this thread mainly to document this very process so it may help someone else later. It focuses SOLELY on children of former Australian Citizens, and no other types of citizenship by conferral. My wife and I are just beginning this journey for her, so I will try to update this with timelines, details, lessons learned, and so on as our process plays out. If it helps people, then great! Also, if you have knowledge of this process and want to share in order to help us and others, that is also very much appreciated.

Our situation: My wife's father was born in Australia but became a US Citizen in 1980 which forced him out of his Australian citizenship. My wife was born in 1985. This led us to the "born to a former Australian citizen" path. Upon successful citizenship for her, we plan to apply for a Partner Visa (309/100) for me. Once the insanely expensive 309 is granted, we hope to leave the US for Australia. We expect several years for this entire journey.

Link to DOHA Info

Application Form Used: Application For Australian Citizenship, Other Situations: Form 1290

Cost: As of August 2019, AU$ 180.

Timeframe: Very little info on this particular situation, but I've seen everything from 4 months to 21 months on conferral applications for any reason. I have absolutely no clue on "born to former Australian citizen" applicants. Will soon find out. UPDATE!!! Citizenship approved after 9.5 months.

Apply online or on paper: We were unable to apply online because we received an error message stating that the applicant could not be identified. So, we prepared a paper application. Thinking back, we believe this happened because my wife is not in Australia's system as a temporary or permanent resident, and so is an "unknown". I suspect others in our situation going for "born to a former Australian citizen" might find the same problem if they never resided in Australia.

Residence Requirement: Our understanding is there is not one for this particular path to citizenship. DOHA does not list it as a requirement but also does not specifically state anywhere we could find that it's not necessary. They do, however, specify residence requirements for most other paths to citizenship. Can anyone clarify? UPDATE: Citizenship approved with no requirement for residency.

In or Out of Australia: DOHA states in the application paperwork that one can apply for citizenship via the "born to former Australian citizen" path while outside Australia, and be outside Australia when the decision is made. We reside in the US and have never lived in Australia, though we have visited many times and are anxious to get through the next steps so we can move there.

Penal Clearances: Almost certainly required for this scenario. We submitted them regardless. in the US, we obtained our federal FBI clearance seven days after mailing out the request, and we obtained our State clearance four days after mailing out the request. These were surprisingly quick.

Children: We have none, so this certainly removes a lot of hassle and could maybe (we hope!) speed up our consideration. But if folks have info on the effect of children on this process, I'll update to include it.

Certified Copies: Since we had to lodge a paper application, we had to include certified copies of our identity documents and such. Normally an Australian citizen can certify, but outside of Australia we are able to use a citizen of our home country. We had to find one who fit all the criteria but this was not hard. This person also certified my wife's applicant photograph. The whole process only took an hour, as we had all of the original documents and their copies on hand ahead of time.

Timeline:
  • August 22, 2019: Paper application mailed to Australia
  • September 4, 2019: Application confirmed received
  • June 18, 2020: Boring update to say that nothing has happened yet. Hurry up and wait!
  • July 11, 2020: Found out Citizenship apparently approved back on June 17, but there was no notification from DOHA. We found our during our monthly check on the immi account website.
  • September 1, 2019: Citizenship Certificate arrived after two months in transit. COVID slowed this process greatly.


Last edited by jbone; 09-01-2020 at 09:37 PM. Reason: Updated with citizenship approval details

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Old 08-22-2019, 10:26 PM
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Should have used a courier.

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Old 08-22-2019, 11:05 PM
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Originally Posted by wrussell View Post
Should have used a courier.
I tried, but was told they could not deliver to the address my application needed to go to. I'm guessing it was the GPO Box part but I don't know.


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Old 08-23-2019, 03:10 AM
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Should have used a courier: and sent it to the street address. You might be lucky, postal authorities do not lose everything.

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Old 08-30-2019, 06:59 PM
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Quote:
Originally Posted by wrussell View Post
Should have used a courier: and sent it to the street address. You might be lucky, postal authorities do not lose everything.
I'm starting to think luck is not with me... the USPS managed to get our application as far as San Francisco, where it has sat since August 23rd. So much for "3 to 5 days" anywhere on earth. I'll give it a few more days but beyond that I suspect I'll have to re-build my paper application package, get new police checks, new certified copies, and so on which I can do in about 7 days.

The application only specified one address for overseas applications to be sent to, and it was the GPO 9844 Sydney address. It did not indicate a street address was available. I dug around a bit on the DOHA website and found one anyway: 26 Lee Street, NSW 2001. Do you think it's acceptable to send another application there, even though it's not the explicit address called for on the application? At least that way I can use Fedex but I don't want to get on their bad side by not following their submittal instructions.


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Old 08-31-2019, 12:41 AM
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NEVER give your last copy of anything to anybody.

If you email a scan of your passport ID page and your tracking number to [email protected] I shall check for you.

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Old 08-31-2019, 12:59 AM
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Originally Posted by wrussell View Post
NEVER give your last copy of anything to anybody.

If you email a scan of your passport ID page and your tracking number to [email protected] I shall check for you.
I have copies of the entire application package, however the paper application required me to send the original police check documents, so those are now obviously gone in the mail and must be re-ordered as copies of them are not accepted. Same with my certified copies. I have copies of the certified copies, but I doubt they themselves qualify as certified if they were to be resubmitted. In any case, tracking updates suggest my envelope is finally on the move, so Iíll give it a bit longer. I appreciate your help, and will be in touch if this doesnít sort out.


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Old 06-18-2020, 03:45 AM
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Hello,

Any updates on your application? I am in a similar situation and would like to file based on my father being a former citizen. I have his original Australian birth certificate, but I am unsure how to prove he lost his citizenship. He doesn’t have a US passport or US certificate of citizenship. Are there any other documents I can use? He left Australia at the age of 4. Would a marriage certificate from the US dated before my date of birth work?

Thank you.


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Old 06-18-2020, 01:50 PM
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Quote:
Originally Posted by JasonS View Post
Hello,

Any updates on your application? I am in a similar situation and would like to file based on my father being a former citizen. I have his original Australian birth certificate, but I am unsure how to prove he lost his citizenship. He doesn’t have a US passport or US certificate of citizenship. Are there any other documents I can use? He left Australia at the age of 4. Would a marriage certificate from the US dated before my date of birth work?

Thank you.
Send a personal message to the person above, and they may get an email about it and be more likely to reply.

I got citizenship for my children, but I think the law is that the Australian citizen must be a citizen for at least 10 years. This may be a recent change and not applicable in your case.


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Old 06-18-2020, 07:02 PM
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Quote:
Originally Posted by JasonS View Post
Hello,

Any updates on your application? I am in a similar situation and would like to file based on my father being a former citizen. I have his original Australian birth certificate, but I am unsure how to prove he lost his citizenship. He doesn’t have a US passport or US certificate of citizenship. Are there any other documents I can use? He left Australia at the age of 4. Would a marriage certificate from the US dated before my date of birth work?

Thank you.
Hi Jason (thats also my name!),

As of today we have not heard anything on the application, but I'm guessing it gets lumped in with the other conferral applications and they seem to be taking a little over a year on average. I haven't checked the timelines in a while though.

As far as your father's loss of Australian citizenship, that's a tough one. I would assume he's a citizen of another country? If he has, or can acquire, a naturalization certificate or some such from the country that he left Australia for, then that certificate should have a date on it. If that date is before Australia allowed dual citizenship (2002 I believe?) then it might imply his Australian citizenship was removed when he became a citizen elsewhere, thus setting you up for qualification for this pathway. That's how our application is based; her father became a U.S. citizen in 1980 (before she was born) and that automatically invalidated his Australian citizenship. We sent in copies of her father's Aussie birth cert and his U.S. naturalization cert.

This is obviously a very simplified take... reality is rarely so easy. Perhaps someone with more knowledge will chime in but I think at the very least, your father should get a copy of his naturalization cert if he can. It could only help.

Also, a number of migration agents are active on this board. If you become serious about doing this, it might be worthwhile to book a consultation with one of them. I am using CCMS for a partner visa that will follow this application, but I've heard great things about the whole group of them. They are all registered, which is important. Good luck!


Last edited by jbone; 06-18-2020 at 07:12 PM. Reason: typo

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