Born in Aus but left at 6 months - now returning 43 yrs later as British national

[Nikey]

Well....it wouldn't be the first time a government office has got something wrong:-) I haven't really got a clue about this sort of stuff but luckily for you there is lots oc expert advice on here. And also how lucky to find out u r a citizen. Might be a few hoops to jump through but great news :-)

[Parley]

Seriously it is not that hard to Google Australian Nationality Law, or check wikipedia.

 

And whether you consider yourself a British citizen is irrelevant. The Nationality law of the country is what counts.

[Quoll]

You will need to talk to your prospective employer too - there may be a reason why they only wanted a temporary resident for the position and may not be prepared to offer the same conditions to a citizen!

[Ozmaniac]

@Ozmaniac, @jasepom

 

Thank you very much for that steer - I will look into this asap.

 

(My current position is to travel this weekend on a 400 visa; my employer has not yet applied for my 457...)

 

Your employer should be over the moon. They get the employee they evidently want but without the considerable hassle and expense of going through the whole 457 visa process.

 

I'm very surprised you were able to get a 400 visa for two reasons...

 

1. Australian citizens can't get Australian visas and when you applied, someone should have noticed that you were a citizen even if you didn't realise it yourself.

2. 400 visas are only for 'short-term, highly specialised, non-ongoing work' and if you intended applying for a 457 to continue working for that employer, by definition, the work is obviously ongoing and not short-term.

[Guest Guest98336]

Your employer should be over the moon. They get the employee they evidently want but without the considerable hassle and expense of going through the whole 457 visa process.

 

I'm very surprised you were able to get a 400 visa for two reasons...

 

1. Australian citizens can't get Australian visas and when you applied, someone should have noticed that you were a citizen even if you didn't realise it yourself.

2. 400 visas are only for 'short-term, highly specialised, non-ongoing work' and if you intended applying for a 457 to continue working for that employer, by definition, the work is obviously ongoing and not short-term.

 

Right so I fly tonight..!

 

My employer is a large UK-based 'group'. I am presently on 3wks short-term secondment (using the 400) from my substantive post in a UK division, to an Australian division. I then join the Australian division on a more permanent arrangement in late July, and at that point will return to Aus using the 457 (or ADV, or whatever).

 

As part of the longer-term visa application process, a solicitor from my company is sorting things, so I'll report back soon on the outcome...

[Parley]

Not sure why you have ignored all the advice given.

 

What you should do is just apply for an Australian passport, providing your birth certificate as evidence of citizenship.

[stevie129]

Right so I fly tonight..!

 

My employer is a large UK-based 'group'. I am presently on 3wks short-term secondment (using the 400) from my substantive post in a UK division, to an Australian division. I then join the Australian division on a more permanent arrangement in late July, and at that point will return to Aus using the 457 (or ADV, or whatever).

 

As part of the longer-term visa application process, a solicitor from my company is sorting things, so I'll report back soon on the outcome...

 

I really can't understand at all why you are creating so many hurdles for you and your family.

 

You are an Australian CITIZEN already in your own right and should NOT be applying for any visas for yourself!

Like everyone else had already said you should be applying for your Aussie passport instead.

 

Why are you not taking anyone's advice?!

You obviously don't realise the implications of bringing your family out on a 457. Not only will you be faced with very high school fees to pay but also the risk of having the visa cancelled when immigration find out at some stage, in which they will. Your visa should never have been granted in the first place....

 

Must say it's a first for me seeing an Aussie citizen wanting to jump through all the loopholes for an Australian visa :wacko:

[thinker78]

great news for him but no one seems to be thinking about his poor wife?!

[Ozmaniac]

Why are you ignoring the very good advice you have been given by so many people? Honestly, it's impossible to help some people! Makes me wonder why you bothered starting a thread on here in the first place. You seem to be hell bent on forcing your employer to jump through considerable expensive hoops to get you a visa that you DON'T need! Why would anyone do that? Zheesh!

[Guest Guest98336]

Thank you all for your advice. I really am very grateful for all of the contributions to this thread.

 

As per the 'caveat' at the top of this forum - none of this advice is legally certified.

 

I will not be applying for any further visa until I have confirmed unequivocally my position.

 

This thread has given me all the information I require to properly establish my position, which I was not at all sure of when I made the original post.

 

Thanks again.

[FlashP5sub175]

Good place to check is the citizenship website. As everyone said, if you are a citizen then any other visa would be cancelled including those attached to it.

 

 

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

[Marisawright]

Thank you all for your advice. I really am very grateful for all of the contributions to this thread.

 

As per the 'caveat' at the top of this forum - none of this advice is legally certified.

 

I will not be applying for any further visa until I have confirmed unequivocally my position.

 

This thread has given me all the information I require to properly establish my position, which I was not at all sure of when I made the original post.

 

Thanks again.

 

I hope you've made sure the solicitor is aware of your right to Australian citizenship. don't assume he will work it out for himself! Solicitors don't know everything, and he may well be unaware of the particular provision you're eligible under.

 

As others have said - if you bring your family over under a 457, you are committing yourself to substantial extra costs, because you'll be expected to pay for things which are free to citizens, and won't be eligible for benefits available to citizens. You'll also have all kinds of hassles with bridging visas etc if your status changes.

[silencio]

I've read this thread and I'm more and more suppose that this story is fake or the TO a troll.

[Guest Guest98336]

Silencio... silencio!

 

I sought legal advice, which I would not have done had I not received useful advice from this thread. Due to time frames, I'm coming back out here (currently here on a 400) on a 457, then re-applying for citizenship and coming off the 457. Because I acquired British citizenship prior to 4 April 2002, I lost my Australian citizenship by operation of law, but this position has now changed an I can re-apply.

 

Maybe you're the troll...

[dxboz]

Glad you have sorted this out - I am surprised you lost your Oz citizenship though. I do understand the importance of that date but you can hold dual nationality UK and Oz so am confused why you lost it

[Quoll]

Really? You were born with both so wouldn't have lost your UK one - it was a ruling for people who acquired another nationality but not someone who was born with one. I guess we all made the assumption that your parents were UK born.

[Danny842003]

I do remember there being a story on the news here about a university professor who was facing deportation.

He was born in India, his dad was a British army officer.

He later acquired Australian citizenship and lost his British one.

He worked here until retirement living with his british wife and kids. He had been on a visa for work for years when he retired they wanted to deport him and leave his family here. He was as British as me.

 

So there may be some reason he could not have had both in a certain time frame. I will look for a link to the story.

 

To be honest it was the professors piss poor admin as much as some jobs worth in the immigration service.

[Danny842003]

The link to that story http://www.bbc.co.uk/news/uk-wales-19455691

[MaggieMay24]

Taking that story in reverse, then it's quite possible the OP lost his Australian citizenship long ago when he activated his British citizenship. Hopefully with the assistance of his lawyer he can sort it out and get the outcome he hopes for.

[Quinkla]

The OP still needs to be very careful that when citizenship comes through he doesn't end up cancelling the visa that his family is linked to.

[Guest Guest98336]

The OP still needs to be very careful that when citizenship comes through he doesn't end up cancelling the visa that his family is linked to.

 

Exactly right.

 

I arrived on a 457, and have just secured PR via a 186.

 

Now that my family members have their own/independent visas, I am free to sort my citizenship status out without the fear of them being shipped home.

 

I am - and always have been - an Australian citizen by birth. I am now applying for evidence of citizenship, $60 + Form 119 + 7-10 days!

 

I speculate - with hindsight - that my employer opted to put us all on a 457 as the most expedient way of moving me (and my family) to Australia. (Right or wrong.)

 

Once my citizenship certificate comes through, I'll then apply for citizenship for my kids (by descent).

 

Whatever the rights and wrongs - my family are all now PR and we couldn't be happier.

[wrussell]

if there was false or misleading information lodged in a visa application, there could be issues.

[Nemesis]

Mmmm how could he prove he didn't realise his nationality?!

[ali]

Could it mean that your wifes partner visa could be withdrawn if you were found to have made false declarations?

[MARYROSE02]

[h=2]As I took this from Wikipedia it may not be "kosher".

 

Citizenship by birth[/h] A person born in Australia before 25 January 1949 was automatically a British subject, based on the jus soli principle, regardless of the status of their parents: children born to visitors or foreigners also acquired citizenship by birth. (The only exception was that the children of foreign ambassadors, who were immune from local jurisdiction and from duties of allegiance, who took the nationality of their fathers.) Such persons need to apply for Australian citizenship, otherwise since 20 August 1986 they have the status of permanent resident. A person born in Australia between 26 January 1949 and 19 August 1986, automatically acquired Australian citizenship. Until 21 November 1984, such a person had the status of Australian citizen and British subject, but after that date the status of "British subject" ceased to exist in Australia.

The jus soli principle was abolished from 20 August 1986, with persons born after that date acquiring Australian citizenship by birth only if a descendant of at least one parent who was an Australian citizen or permanent resident at the time of birth.^[7] The definition of parenthood was tested in H v Minister for Immigration and Citizenship [2010] where it was held that parenthood does not necessarily require it to be of a biological nature.^[8]

 

A child born in Australia (and who is not otherwise an Australian citizen) and who lives in Australia automatically acquires Australian citizenship on his or her 10th birthday, if the child has not been granted or otherwise acquired Australian citizenship in the meantime. This occurs automatically by operation of law, and applies irrespective of the immigration status of the child or his/her parents.

Children born in Australia whose parents are stateless and not entitled to any other country's citizenship may in some circumstances be granted Australian citizenship