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Guest Joe

Former Aussie Resident needs advice!

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Guest Joe

Hi

 

I emigrated to Oz with my parents from the UK in 1970. After 18 months in Australia my Grandfather in the UK became very ill so we had to return to the UK as I was living with my parents at the time, I had to return to the UK with them, which was to be a holiday with every intention of returning to Oz after his death, but my Grandfather made a recovery & lived for another 7 years ! in that time I got married & had children.

 

Since the day I left Oz I have regretted it & still look on Oz as my real home, but I had my wife & kids to consider too so sadly never returned.

My daughter is now in the process of applying to emigrate to Oz, as both her & husband both have skills that are needed in Oz so they will most likely be accepted.

 

My question is:

 

As I still have my passport that was issued in 1971 which clearly states 'Country of Residence:- Australia' does this mean I can return to live in Oz? the passport expired in 1981 but clearly states 'Country of Residence: Australia' the passport is a British passport issued by the High Commision in Canberra with the Canberra stamp. That is the only proof that I was a resident of Australia, with a bit of luck there is a possibility that I may be able to get hold of the original acceptance documentation which was sent to my parents.

 

I'm 53 & my wife is 52 so re-applying doesn't seem to be an option.

 

Thanks in advance for any replys

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Guest Mrs C

Hi Joe,

 

My Father in Law is in the same situation as yourself and this is what my agent sent to me. I hope it help you,

 

I have been overseas for a long time. Am I still an Australian citizen?

Australians do not lose their Australian citizenship simply because they live overseas for many years. Unless you acquired another citizenship before 4 April 2002, or have renounced your Australian citizenship, you would still be an Australian citizen.

Prior to 4 April 2002, Section 17 of the Australian Citizenship Act 1948 provided that adult Australians who did 'any act or thing- the sole or dominant purpose of which, and the effect of which, is to acquire the nationality or citizenship of a foreign country shall upon acquisition cease to be an Australian citizen'.

Section 17 was repealed on 4 April 2002. Anyone who lost their citizenship under Section 17 can apply to resume Australian citizenship.

Can I lose my Australian citizenship?

You could have lost your Australian citizenship automatically if you applied for and were granted the citizenship of another country before 4 April 2002. Prior to 4 April 2002, Section 17 of the Australian Citizenship Act 1948 provided that adult Australians who did 'any act or thing - the sole or dominant purpose of which, and the effect of which, is to acquire the nationality or citizenship of a foreign country shall upon acquisition cease to be an Australian citizen'.

If you had any children under 18 they would have also lost their Australian citizenship, unless their other parent was an Australian citizen.

Section 17 was repealed on 4 April 2002. If you are unsure whether you lost Australian citizenship, please contact any of our offices in Australia or overseas.

Other ways of ceasing to be an Australian citizen

Other ways of ceasing to be an Australian citizen are by:

· -renunciation (choosing to give up your citizenship)

· -revocation (citizenship being taken away).

Can I get my Australian citizenship back?

Yes, in certain circumstances.

 

Sorry it's a bit long winded!

 

All the best April

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Guest Gollywobbler

Hello Joe

 

Welcome to Poms in Oz.

 

Your former period of residence in Oz does not count for anything, I am afraid.

 

However, if either you or your wife have a skill which is on the MODL, or which an employer in "regional Australia" is unable to fill except with one of you, an employer-sponsored visa may be a possibility, I believe (and/or if you are a highly-paid and crucial executive, I gather.) Please see the following links:

 

Is your occupation in demand? - Workers - Visas & Immigration

 

Employer Sponsored Workers - Workers - Visas & Immigration

 

Applications & Forms - Visas & Immigration

 

Read Booklet 5 carefully and also browse through the Information Forms because they usually contain good additional info about the various visas etc. Also, read the exemptions from the eligibility requirements for each of the visas, I would suggest, because that is where the key might lie for you.

 

If you conclude that skilled migration might be possible after all, there is an Australian Skills Expo in London in March. It may be worth considering going to that, perhaps? Please see here:

 

Go Matilda - Your Gateway to Australia - News

 

If you conclude that skilled migration would not be possible, the next thing to consider is whether or not a business skills visa might be possible if you are currently self employed or could invest substantially in a business in Oz. I have o idea about the details but the bimph is on the DIAC website if you hunt for it.

 

If you draw a blank there ars well, how many children do you have? Parent migration might become a possibility, maybe:

 

Family - Visas & Immigration

 

If that looks like a potential goer then please be sure to read Booklet 3 too.

 

If all else fails and you can afford it, an Investor Retirement visa might become a possibility in a couple of years' time. Please see here:

 

Investor Retirement (Subclass 405)

 

If you really find yourselves scraping the barrel, DIAC re pretty good about allowing British Parents to make extended visits to their children in Oz:

 

Tourist Visa (Subclass 676)

 

Best wishes

 

Gill

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Guest Joe

Thanks for the replies.

 

My trade is 'Panel Beater/Paint Sprayer' which I believe is a skill required in Oz but I do not hold any paperwork for my trade. Which was a result of my moving back to the UK, I had a traineeship in OZ but didn't complete it as I returned to the UK, in the UK I had no problem finding employment because I had learn't the skills of the job so didn't apply for an apprenticeship because of the low pay associated with it. I had to give up the trade a few years ago due to becoming allergic to the dusty environement. So no luck on the Trades department :(

 

I had ideas of asking my son to return to Oz with us as he is a very skilled Chef he was head chef in one of the top Cotswolds Hotels with the idea of opening a small Restaurant between us, don't know if there's a possibility there? Some money to invest but not a fortune.

 

As for a family visa, my children are all adults now, my youngest son is 18 he has 1.5 years left at College studying computer Networking etc.

 

As for the last one 'Extended visits for parents' I don't think that is really what we are looking for as we would want to settle.

 

Thanks for the links

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Guest Gollywobbler

Hi Joe

 

I hear you about extended visits for Parents but beggars can't always be choosers, my friend. My mother is 87 now. Dad died in 1991. Mum tried for a Parent visa in 1993 but she was tyrned down flat and in very short order. The reason was because although Mum only has two children - myself in the UK and my sister in WA, Mum also has a UK-based step-daughter, my late father's faughter by his first marriage. The legislation treated all 3 of us as Mum's "children" so that was that.

 

Mum was desperate to be with her only grandchildren, in WA. The law regarding step-children and the Balance of Family did ot change in Mum's favour till 2003. By then, we had been told "no can do" so many times that we had abandoned hope of ever getting Mum into Oz permanently. She couldn't afford a Retirement Visa instead, so there was nothing for it but to keep doing the best we could with long-stay tourist visas for her instead.

 

By sheer chance in 2005 - and I do mean nothing but sheer chance - I stumbled upon the fact that Mum's step-daughter no longer bars Parent migration in a situation like Mum's. Mum now has PR on a Contributory Parent visa that was granted in 2006.

 

The moral is that sometimes one has to be prepared to take a very long-term view with this stuff and never give up hope with it completely.

 

With regard to the possibility of your son opening a restayrant in Oz and you somehow being involved in the business, it seems to be a bit of a long shot (if it is do-able at all.) I would recommend that you speak with John Sylvester at Go Matilda in Southampton:

 

Go Matilda - Your Gateway to Australia - Contact and Feedback

 

It would also be worthwhile to have a word with either Ian Harrop or Tony Coates of Ian Harrop & Associates, near Oxford, as well.

 

Registered Australian Migration Agents, UK - Ian Harrop and Associates

 

Neither firm would charge you for a 15 minute or so chat on the phone, with no obligation on your part. Experienced Agents - which all 3 are - can cover a huge amount of ground in a very short chat, you will find, because after just a couple of questions they know which visas to ignore, and then they can focus on the ones which might be viable. Have a pen & paper handy if you decide to ring them because you would need to take notes as you go along.

 

Best wishes

 

Gill.

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Guest MalMonroe

Hi, I'm new to this but would like to ask some advice. I lived and worked in Oz in the 70s and my daughter was born in Corinda, Qld in 1979. We returned to the UK later that year and she has never visited Oz at all. However, her Dad now lives and works in WA, with his wife who is Ozzy-born. So my question is what is my daughter's position? Could she visit and stay with her dad and emigrate from there, if she so wished? We plan to visit Oz later this year and we're so looking forward!

Thanks in advance for any help/advice anyone can give.

I'm really loving those programmes - especially today's which was about the couple who have gone to the Gold Coast. However, they seem to have totally banished flying cockroaches, ants, mosquitoes, cane toads, tree frogs and gigantic butterflies from suburbia since I was there.... !

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Guest Joe

Thank you for the useful information Gill.

 

I have 3 children here in the UK, it looks as if my daughter will most likely be emigrating to Oz as they both have the required skills, my other son who is a Chef I have not spoken to yet, but my youngest son (18 years) is at present studying a required skill at College:

 

'Computing Professional - specialising in Network Security/Firewall/Internet Security' which is on the (MODL) list, he will complete the course April next year, he has completed almost 2 years already with the first year exams completed & qualifications awarded.

 

If my son also emigrated with those skills does that mean with 2 of my children living in Oz & only 1 son here my daughter could then sponser us to live in Oz. (As I understand it after 2 years of living in Oz)

 

If the above is the case is there other criteria that we would have to meet?

 

As far as opening a Restaurant with my son it would be me who finances the venture & my son running it

 

(EDIT) Hi MalMonroe, sadly tv programs like that don't help our cause, watch the sudden flood of applications! I have a niece in the same position, she was born in Sydney in 1971 so she is Australian by birthright but don't know if she can return, she has never tried, it would be interesting to know also?

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Guest Gollywobbler

Hi Joe

 

As long as two out of your three children become "lawfully and permanently resident" in Australia, you and your wife would qualify for Parent migration, for sure. However, since it is a threshold criterion that both of the children would need Permanent Residence before a Parent or Contributory Pret application would be valid, this is the bit you need to focus on for the moment.

 

Sponsorship for Parent migration is a slightly separate issue. Even though one of the children is usually the Sponsor, the child who is going to act as the Sponsor needs to be lawfully and permanently resident in Australia plus "settled" in Oz.

 

The legislation does not atempt to define the term "setled" because whether or not somebody is "settled" is a qyestion of fact, not a function of time. The Sponsor undertakes that if the Parents fall on hard times during their first two years in Autralia, the Sponsor will provide them with food, shelter, clothing and any other basic necessities of life that might be required, so as to prevent the Parents from needing to turn to the State for any of the essentials.

 

The Sponsor might be an Australian Citizen, even, but if his/her lifestyle imvolves hitchhiking round Oz and pitching a tent every night, DIAC would not consider him/her to be "settled" for Sponsorship purposes.

 

Another child may have lived in Oz for less than 2 years but his/her lifestyle may be in all respects "settled." Obviously it is no use encouraging Parents to rush to Australia in pursuit of a child if the indications are that the child may not stay in Australia.

 

So the Policy documents say that 2 years of living in Oz is "usually" a fairly reliable indicator that the Sponsor intends to remain in Oz, but that there are often exceptions to this general rule. The Delegate (ie the Minister of Immi's delegate - in this case the Manager of the Perth Offshore Parents Centre) is expected to examine the facts of the Sponsor's lifestyle and come to a reasonable conclusion one way or the other. He has a lot of discretion about what constitutes "settled" but he has no discretion at all about the visa status of the child or children involved.

 

I do not want to hazard guesses about Business Skills Visas. Very few Registered Migration Agents have an in-depth understanding of those, let alone me! The two firms I have mentioned to you do know about them, so anything they say would be reliable whereas anything I might say would be suspect. I don't think it would be useful to you if I were to muddy the water by guessing. You would do far better to make a couple of phone calls, my friend.

 

Best wishes

 

Gill

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Guest Gollywobbler
Hi, I'm new to this but would like to ask some advice. I lived and worked in Oz in the 70s and my daughter was born in Corinda, Qld in 1979. We returned to the UK later that year and she has never visited Oz at all. However, her Dad now lives and works in WA, with his wife who is Ozzy-born. So my question is what is my daughter's position? Could she visit and stay with her dad and emigrate from there, if she so wished? We plan to visit Oz later this year and we're so looking forward!

Thanks in advance for any help/advice anyone can give.

I'm really loving those programmes - especially today's which was about the couple who have gone to the Gold Coast. However, they seem to have totally banished flying cockroaches, ants, mosquitoes, cane toads, tree frogs and gigantic butterflies from suburbia since I was there.... !

 

Hi Mal

 

Welcome to Poms in Oz.

 

Did either you or your daughter's father have Permanent Residence in Australia at the time when your daughter was born there? If so, she might be an Australian Citizen by birth, in which case all she would need to do would be to demonstrate her right and obtain an Australian passport. There is no problem with dual British/Australian Citizenship. My sister has it by conferral of the Australian end of her own dual Citizenship. My two nephews are British by descent via their mother and Australian by birth. They might also be Kiwi by descent via their father, but how many different citizenships do two young lads need??!!

 

Does this help?

 

Cheers

 

Gill

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Guest Joe

Thank's Gill, See if I have this correct?

 

If my daughter emigrates to Oz (her husband is a Police Officer) she would have to live there for 2 years before she could sponser us to emigrate with her, my other son could emigrate after she does & it does not matter how long he has been there provided he is settled? so if he is only there for say 6 months but is settled then the sponsorship can go ahead?

 

Or have I mis-read your post?

 

I will phone one of the numbers you advised but want to do a bit of research first & discuss with my family

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