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Returning to Australia


Janice

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Hi, My son who is an Australian citizen has an Australian passport and a UK passport.

He now lives in Germany and wants to come back to Australia for visit with his new wife who is from Israel. His australian passport has expired. Would he be able to come back in on his UK passport and does she need a Visa for this visit.

any help would be appreciated.

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But if someone outside Australia wants to come back for a short visit, I'm not sure immigration would know they were an Australian citizen if they entered on a British passport.

They would probably get away with it.

 

But they don't have a visa in UK passport, so they would have a lot of trouble boarding a plane.

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You would have to apply for short term e-visitor visa but that is pretty straight forward for a UK citizen to get for a holiday.

 

Yes if they want to lie on the application and pretend they are not an Australian citizen. I don't know why they just don't get a passport.

 

Not directed at OP, who was just asking a question, but I never cease to be amazed by the number of people who come onto PIO wanting to travel without getting the right documents. Never come across that in real life, most people I have come across just accept that if you want to travel you have to do some paperwork.

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Fact 1: He can't get a e-visitor visa because he is an Australian citizen and the system will reject it.

 

Fact 2: He cannot be denied entry into Australia because he is an Australian citizen.

 

Grey Area: He can possibly be denied boarding on the flight because he does not have an Australian passport.

 

If he goes to the Airport without an Australian passport (and obviously no visa in his British passport), the airline will ring Australia to obtain permission for him to board the plane. It is pretty much up to the guy at the other end of the phone whether he is allowed to board or not. Technically he should be allowed to board, but in practice he may not be.

I've managed to get on without an Australian passport whilst oblivious to the drama in the background, but now that I know the possibility of being shafted, I wouldn't take the risk.

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Fact 1: He can't get a e-visitor visa because he is an Australian citizen and the system will reject it.

 

Fact 2: He cannot be denied entry into Australia because he is an Australian citizen.

 

Grey Area: He can possibly be denied boarding on the flight because he does not have an Australian passport.

 

If he goes to the Airport without an Australian passport (and obviously no visa in his British passport), the airline will ring Australia to obtain permission for him to board the plane. It is pretty much up to the guy at the other end of the phone whether he is allowed to board or not. Technically he should be allowed to board, but in practice he may not be.

I've managed to get on without an Australian passport whilst oblivious to the drama in the background, but now that I know the possibility of being shafted, I wouldn't take the risk.

Its also up to the airline - if he gets to Australia and they decide not tolet him in the airline is up for a hefty fine and the cost of flying him back! So even if DIBP say yes the airline can still refuse.

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This would happen if the airline refused to call DIBP and told you to go sort it out yourself. The national carriers would never do this though.

 

However, if the DIBP didn't give permission and you later questioned why?, they could just as easily blame the airlines also.

 

Hence, easier to just get a passport.

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Hi, My son who is an Australian citizen has an Australian passport and a UK passport.

He now lives in Germany and wants to come back to Australia for visit with his new wife who is from Israel. His australian passport has expired. Would he be able to come back in on his UK passport and does she need a Visa for this visit.

any help would be appreciated.

 

According to the citizenship website, As an Australian citizen you must always leave and enter Australia on an Australian passport. If you also have a passport from another country you can use that for travel once you have left Australia.

 

People trying to enter Australia as an Australian citizen but without an Australian passport face difficulties and delays. The Australian Passport Office provides more information.

If you also have a passport from another country you should always use your Australian passport when leaving and entering Australia., "

 

http://www.citizenship.gov.au/current/travel/

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  • 2 weeks later...
According to the citizenship website, As an Australian citizen you must always leave and enter Australia on an Australian passport. If you also have a passport from another country you can use that for travel once you have left Australia.

 

People trying to enter Australia as an Australian citizen but without an Australian passport face difficulties and delays. The Australian Passport Office provides more information.

If you also have a passport from another country you should always use your Australian passport when leaving and entering Australia., "

 

http://www.citizenship.gov.au/current/travel/

 

'Should' being the operative word.

What they are basically saying is, you don't need a passport, but if you don't have one, you are at the mercy of the high school dropout at the end of the phone.

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Australian citizens can only enter Australia on an australian passport. Irrespective of what other passports they hold.

 

Yes that is the official line.

 

But we were questioning whether they would know you are an Australian citizen if you enter on a UK passport and apply for an evisitor visa.

 

You shouldn't do it but it may be a lot cheaper.

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Australian citizens can only enter Australia on an australian passport. Irrespective of what other passports they hold.

 

Australian citizens have the legal entitlement to enter Australia (regardless of passport).

If an Australian Citizen can prove that they are an Australian citizen, then they are entitled to be admitted to Australia without presenting an Australian passport to Australian immigration. The main difficulty though would be how the Australian citizen would get to Australia in the first place.

 

An example of where an Australian citizen may enter Australia on a foreign passport is in the case of having an "Australian Declaratory Visa" (which is a misnomer, but it is not really a visa): http://www.immi.gov.au/faqs/Pages/what-is-an-australian-declaratory-visa-1.aspx. To be granted an Australian Declaratory Visa, there must be some emergency or other reason why the holder cannot obtain and travel on an Australian Passport.

 

Australian citizens are not legally eligible to be granted a visa (in the normal sense) for Australia. The eligibility requirements for the grant of these visas include that the applicant is a non-citizen. Therefore, if a visa were to be granted to an Australian citizen, it would be null and void. Persons considering doing this should also be aware that it is a criminal offence in Australia to provide information to a Commonwealth entity which is false or misleading. Invariably this would be done if the Australian citizen sought to enter Australia pretending to be a non-citizen or applying for any class of visa other than the "Australian Declaratory Visa".

 

While the immi website certainly strongly implies that it is a legal requirement for an Australian citizen to leave and enter Australia only on an Australian passport, the true position is better described on the government's smartraveller website: https://www.smartraveller.gov.au/tips/dual-nationals.html :

 

[h=2]Passports and visas[/h][h=3]Leaving and entering Australia[/h]If you hold another country's passport, seek advice about how it should be used. Take your Australian passport and use it to depart from and return to Australia. An Australian citizen cannot be granted a visa for Australia.

When entering Australia, all Australians, including those who hold dual nationality, must be able to prove that they are an Australian citizen. An Australian passport is conclusive evidence of a person's identity and citizenship and provides the holder with right of entry to Australia.

An Australian citizen who arrives without an Australian passport may be delayed until their identity and claims to enter Australia have been checked. If a foreign passport holder claims to be an Australian citizen, immigration officers must confirm and verify this through official databases, which will cause delays.

International airlines have an obligation to ensure that they only carry appropriately documented passengers to Australia. In the absence of an Australian passport, airlines are unable to verify a claim of Australian citizenship at the time of check-in and may refuse boarding. The airline may have to make inquiries with the Department of Immigration and Border Protection in Australia seeking approval to carry the passenger, which takes time and may cause delays.

 

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They know within seconds by looking at the computer screen that you are an Australian citizen, and are entitled to enter the country.

The delay is about 20 seconds whilst someone recommends that you get and Australian passport.

But I wouldn't make a habit of it.

It’s a loophole that they would obviously like to close, but legally can't.

And if they have previously told you to get one, and you don't, they can easily make your life very difficult next time you arrive. And I am sure that they talk to the customs guys also.

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Yes that is the official line.

 

But we were questioning whether they would know you are an Australian citizen if you enter on a UK passport and apply for an evisitor visa.

 

You shouldn't do it but it may be a lot cheaper.

 

Both my UK born kids are Australian citizens by descent. We tried to apply for an evisitor visa for them once and it got rejected because the system knew they were Australian citizens. This was how we found out they were supposed to travel in to and out of Australia on Australian passports. Fortunately we had enough time to get them Australian passports before travelling.

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