Loss of Australian citizenship in the 50's

[Guest Bunky]

Hello,

 

This is my first post so apologies if these queries have already been answered, I have had a search through the forum, however couldnt really find what I'm looking for 100%.

 

I have a query regarding my plans to apply and gain Australian Citizenship with the intention to emmigrate and live/work in Australia in the near future. The problem is that I'm not sure whether I should apply by the descent or conferral method. The more I read about the law attached to Australian citizenship applications and citizenship history the more confused I seem to become!

This is because I am unsure whether my mother was still an Australian citizen when I was born - she believes she was but I need to be sure and I'm hoping someone could help.

 

The situation is -

 

My mother was born in Victoria, Australia in 1955 so has an Australian Birth certificate. Her Father (who is British) emmigrated there in 1954 on the immigration scheme which earnt people like him the £10 Pom label.

They spent 7 yrs living/working there before returning to the UK in 1962.

On returning to the UK my mother has no recollection of giving up her Australian citizenship voluntarily or going through any formal process to give it up.

I was born in 1974 in the UK and still live in the UK.

My mother applied for her first ever British passport in 1983 (not sure if this matters).

 

 

Would she have been an Australian Citizen at my time of birth? therefore enabling me to go ahead and apply for citizenship by descent? I have read that some Australians (children and adults) lost their citizenship automatically upon entering the UK? What was the process for Australian children entering the UK in the 1950's? Or is it possible that she would have remained an Australian citizen up until applying for a British passport or even possible that she is still an Australian citizen and has been to this day?

 

Any help or guidance would be much appreciated.

 

Thanks!

[Guest Emcooper]

not sure if this helps at all.

 

Citizenship by descent

 

I would have thought you could apply for this but the only thing I am unsure about is your mother losing/giving up her citizenship. I wouldnt know enough about that to help you

Good luck

[Guest Bunky]

Thanks, but I've looked through all the Government forms and the stumbling block is always the same question - "was the parent an Australian Citizen at the time of birth". Searching through all the Government Act documents I seem to be able to find the answer to every other possible situations apart from mine!! Frustrating!!

Thanks anyway.

[Quoll]

Edited to say I think this is the page you need http://www.citizenship.gov.au/automatic-citizenship/dual-citz.htm

 

Can I become a citizen of another country without losing my Australian citizenship?

 

Yes, provided the other citizenship is acquired after 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".

 

Any children under 18 also lost their citizenship, unless their other parent was an Australian citizen.

 

Section 17 did not apply to those who acquired another citizenship automatically or simply obtained a passport of a country of which they were already a citizen.

 

Further information on dual citizenship, Australian passports and consular assistance is available from the Department of Foreign Affairs and Trade.

[Guest Gollywobbler]

Hi Bunky

 

Welcome to Poms in Oz.

 

We have to sort out the picture with your mother before we can work out what the story is with you.

 

*******************************************************

One:

 

Mother was born in 1955, so the provision below applies:

 

People born in Australia before 20 August 1986 became Australian citizens by birth unless one parent was entitled to diplomatic privileges and immunities or was a consular officer of a foreign country.

 

So she was an Australian Citizen by birth.

 

********************************************************

Two:

 

Mother obtained her first British passport in 1983 or thereabouts. The provision below applies:

 

You could have lost your Australian citizenship automatically if you applied for and were granted the citizenship of another country before 4 April 2002.

 

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

 

Loss of citizenship in this way was applied automatically and you may not have been notified of your loss of Australian citizenship at the time.

 

Prior to 4 April 2002, Australia did not allow dual citizenship. 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.

 

 

So Mum lost her Aussie Citizenship automatically because she became a British Citizen in 1983, some years before Australian Law was changed so as to permit dual citizenship. For some reason almost all of the countries which were once British Colonies opted not to permit dual Citizenship. Most of them still don't permit it. Australia is one of the exceptions which now does so.

 

*************************************************************

Three:

 

Can Mum resume her Australian Citizenship in 2009? Yes, she probably can.

 

 

You can resume your Australian citizenship if you ceased to be an Australian citizen:

 

• by applying for and acquiring the citizenship of another country
  before 4 April 2002
  or
• by renouncing Australian citizenship to retain or acquire another citizenship or to avoid significant hardship
  and
  
• you are of good character, if aged 18 or over at the time of application.
  See: Good character
  

 

I have put the relevant provisions into italics. Mum can resume her Australian Citizenship provided that she is of good character.

 

*******************************************************

Five:

 

To prove that Mum is of good character, she needs to get a UK police certificate:

 

If you are applying for resumption, descent or full and permanent Hague adoption and you are applying offshore or have spent significant time outside Australia, you need to provide a penal certificate for those countries, outside Australia, in which you have resided for the previous 10 years.

 

 

To get one, Mum needs to follow this link:

 

Association of Chief Police Officers Vacancies

 

Has she lived anywhere except the UK in the last 10 years? If yes, use the form below to get the details for the other countries.

 

http://www.immi.gov.au/allforms/character-requirements/character-penal.pdf

 

*************************************************************

Six

 

Where does this leave you?

 

You were born in the UK to a mother who was an Australian Citizen at the time of your birth.

 

If you had children under 16 years at the time you lost your Australian citizenship they may have lost their Australian citizenship, unless their other parent was an Australian citizen at the time. Children under 16 can be included in your resumption application. Children over 16 must apply for resumption in their own right.

 

 

You were under 16 at the time when Mum lost her Australian Citizenship. You are now over 16. If you had become a Citizen by Descent before 1983, you would have lost it when your mother lost her Citizenship by birth. In that situation you would need to apply for resumption of your Citizenship by Descent.

 

However you did not become a Citizen by Descent before Mum lost her own Australian Citizenship. Therefore the following applies to you:

 

 

I was born overseas to an Australian parent. Am I eligible for Australian citizenship by descent?

 

You are eligible if you were born overseas on or after 26 January 1949 and meet the following requirements:

 

 

• one of your parents was an Australian citizen at the time of your birth
• you are of good character
  See: Good character
  

 

You can definitely apply for Citizenship by Descent. It looks like you can do it without the need for Mum to resume her own Citizenship by birth first.

 

However I suspect it would be strongly advisable for Mum to resume her Citizenship as well because she is bound to have an increased interest in Oz once you move back there.

 

Mum should apply for resumption by following these instructions:

 

Resuming Australian citizenship

 

You should apply for Citizenship by Descent via following these instructions:

 

Citizenship by descent

 

Cheers

 

Gill

 

[Guest Bunky]

Thanks very much for your help Gill. - I see you help quite a bit on here, how do you know so much?

[Guest Gollywobbler]

Hi Bunky

 

Malaysia used to be Malaya, which was a British Colony until Independence (Merdeka) in 1957.

 

I was born in Malaya in 1956, the year before Merdeka. Therefore I was automatically a Malaysian Citizen by birth after Merdeka.

 

However I am also British by Descent via my late father, who was born in the UK.

 

When I was unravelling the stuff about your Mum, I thought., "I can resume my Malaysian Citizenship if I wish. It therefore follows that Bunky's Mum must be able to resume her Aussie Citizenship too, given that Australia is now so much more liberal about this than Malaysia. If Bunky's Mum would be OK with resumption then Bunky must be OK as well."

 

Just a curious collection of co-incidences.

 

Gill

[Guest MICHAEL POOLE]

Hi gollywobbler its michael i pm you two days ago did you get my message and can you help tanks.