saraho Posted January 24, 2014 Share Posted January 24, 2014 Hi all really not sure if I have posted this in the most appropriate section so please feel free to move! we moved back to the UK 2 years ago, my first son was born in Australia and my husband is also Australian by birth. I am British born but also have my Australian citizenship. We have recently had our second son, he was born in the UK and I am looking into getting him his Australian passport. I think I have to obtain his "Citizenship by decent" before applying, is that correct? does anyone know if we have to go to the Australian immigration office in London to do all this or whether it can be done via mail? Once I have his "citizenship by decent" are we then able to just apply for his passport? One other question - I assume our first son will be able to give his children Australian citizenship as he was born in Australia, however as our second son is UK born, will his children also be entitled to citizenship should any of this happen in the distant future!! yes I know I am pondering things way in advance but it would help to settle an argument if anyone does know :-) Thanks Link to comment Share on other sites More sharing options...
flatpack Posted January 24, 2014 Share Posted January 24, 2014 In my very limited knowledge I think 1st childs children qualify for "citizen by decent" but 2nd childs won't! They only go back 1 generation AFAIK Link to comment Share on other sites More sharing options...
Parley Posted January 24, 2014 Share Posted January 24, 2014 In my very limited knowledge I think 1st childs children qualify for "citizen by decent" but 2nd childs won't! They only go back 1 generation AFAIK No that is totally wrong. Any child born overseas to an Australian citizen parent is entitled to apply for Australian citizenship by descent. It is a bit different to UK nationality law in that the child is not automatically an Australian citizen. you do need to apply for it but it is a very simple process. If you wait until they are over 18 it is also necessary to prove they are of good character. So just apply for their citizenship and when it comes through apply for the passport. Link to comment Share on other sites More sharing options...
Parley Posted January 24, 2014 Share Posted January 24, 2014 Just fill out this form. http://www.immi.gov.au/allforms/pdf/118.pdf Link to comment Share on other sites More sharing options...
Quoll Posted January 24, 2014 Share Posted January 24, 2014 A UK born Aus citizen by descent has to be registered at the High Commission - think that's done by mail, it was a while ago that we had to do it though. A Citizen by descent can pass down Australian citizenship to a child if they have lived in Australia for (I think) 5 years at some point. Link to comment Share on other sites More sharing options...
newjez Posted January 24, 2014 Share Posted January 24, 2014 No that is totally wrong. Any child born overseas to an Australian citizen parent is entitled to apply for Australian citizenship by descent. It is a bit different to UK nationality law in that the child is not automatically an Australian citizen. you do need to apply for it but it is a very simple process. If you wait until they are over 18 it is also necessary to prove they are of good character. So just apply for their citizenship and when it comes through apply for the passport. Not sure if you read it right. If you are a citizen by descent, and your children are born outside of Australia, they will not be able to claim citizenship, unless you have spent over two years in Australia. You don't need to claim citizenship by descent until they are 25. If you do, they will need an Australian passport to enter Australia. http://www.exfin.com/australian-citizenship-issues Link to comment Share on other sites More sharing options...
Parley Posted January 24, 2014 Share Posted January 24, 2014 Not sure if you read it right. If you are a citizen by descent, and your children are born outside of Australia, they will not be able to claim citizenship.. Never heard that before. Don't want to doubt you but can you provide an official link that states that. she did say her husband was Australian born. I assumed he was the child's father but maybe that was not a correct assumption on my part. Link to comment Share on other sites More sharing options...
Diane Posted January 24, 2014 Share Posted January 24, 2014 http://www.citizenship.gov.au/applying/how_to_apply/born_overseas/ "If your responsible parent became an Australian citizen by descent, he or she must have been present in Australia for periods totalling two years at some time in their life." Link to comment Share on other sites More sharing options...
Parley Posted January 25, 2014 Share Posted January 25, 2014 Thanks. Although if her husband is the child's father it is a non issue in this case as he is Aussie born. Link to comment Share on other sites More sharing options...
Diane Posted January 25, 2014 Share Posted January 25, 2014 Thanks. Although if her husband is the child's father it is a non issue in this case as he is Aussie born. It will be a non issue for their children, but possibly an issue for her grandchildren. The first son - if he lived in Australia for two years before they moved back - will be able to pass it on to his children, but the second son (born in England) - if he stays in England for the rest of his life and never comes back to Australia to live for two years - won't be. Link to comment Share on other sites More sharing options...
NickyNook Posted January 25, 2014 Share Posted January 25, 2014 Thanks. Although if her husband is the child's father it is a non issue in this case as he is Aussie born. Yes. But the OP's question is not about her children - it's about her children's children. Link to comment Share on other sites More sharing options...
Parley Posted January 25, 2014 Share Posted January 25, 2014 Ah yes. Your right. I zeroed in on the first part which was about applying for her own son. I missed the bit about her son's son. Link to comment Share on other sites More sharing options...
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