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Help with Citizenship


marblu69

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Hi All

Im hoping someone could settle an arguement Im having with my partner re citizenship...she was born in Oz in 1969 and her parents (from overseas) were permanent residents at the time. After 3 months they all moved back overseas and have not returned since. So basically, if I am correct, she is classed as a citizen by birth and she only has to provide her birth certificate to obtain the citizen certificate (she may have this already we are looking for it) and then apply for a passport ? Is this correct ?

My partner thinks that she had to apply for a passport before she reached 16 but I cannot find this written anywhere.

Thanks in advance !

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Anyone born in Australia between 26 January 1949 and 19 August 1986 automatically became an Australian citizen (Nationality and Citizenship Act 1948, Section 10).  So this applied to your partner.      I'm not sure she would have to provide a certificate of citizenship - just the documents required for any other person born in Australia such as birth certificate, marriage certificate if there has been a change of name etc.  

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Thanks Skani. Do you know if she could have ‘lost’ her citizenship by obtaining a passport from another country overseas or would she just be classed as a dual national/citizen ?

Also would our children (born overseas) be eligible for a passport ?

many thanks !

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As I understand the rules, you don't lose the citizenship unless you choose to apply for a formal citizenship of another country ie making application, then going through a formal ceremony.  Just holding the passport of another country is not a problem.  But it may depend on the country.   Is she from the UK?   People born in Australia in 1969 were automatically both Australian citizens and British subjects so no need to go through a formal citizenship process to get a British passport  (and presumably would have had UK citizenship by descent anyway).

Children born overseas to an Australian parent can claim citizenship by descent - but they have to make a formal claim...it's not automatic.

Citizenship is a complicated area (as our politicians have recently discovered).  Have you discovered this Australian Passport Office website?  It may help clarify things for you:

https://www.passports.gov.au/passportsexplained/theapplicationprocess/eligibilityoverview/Pages/confirmingcitizenship.aspx

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