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Unusual Question

1K views 2 replies 3 participants last post by  migrateaustralia 
#1 ·
One day me and my Australian girlfriend might want to live back in Australia, we are currently in England.

However this is more about me - my father was born in Australia back in 1951, this was due to my grandfather being based there during the war. So my dad has an Australian Birth certificate, but no descendants or any other ties to the country - I think he was there the first 3 years of his life and the question is, would he be allowed to apply for citizenship? (he might want to move there with us)

Maybe if he can apply and me being his son, is there a chance for me to apply as a citizen also?

If anyone has any info regarding this that would be great :)

- Sam
 
#2 ·
I think he first needs to confirm he's no longer a citizen (which is probably the case since I believe you lost Australian citizenship automatically if you took other citizenship before 2002). It may be possible for him to resume Australian citizenship if he held it but lost it before 2002. There's information on the DIBP website about this.

Depending on his citizenship status, you may be eligible for citizenship by descent if he was indeed an Australian citizen when you were born. Otherwise, I think you need to go through the same process as other immigrants by living in Australia for 4 years including 1 year as a permanent resident.
 
#3 ·
Hi Sam,

Citizenship rules state:
"People born in Australia from 26 January 1949 to 5 May 1966 inclusive were Australian citizens at birth unless their father was not an Australian citizen and was a foreign diplomat 'who had the immunity from suit and legal process accorded to an envoy of a foreign country accredited to His Majesty'."

Your father could apply for proof of Australian Citizenship to confirm this, though if he obtained Citizenship of another country before April 2002, he may need to apply to resume his Australian Citizenship.

If your father was an Australian Citizen at the time of your birth, then you could apply for Citizenship by Descent.

All the best.

Regards,
Christel
 
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