Childrens citizenship

[k8bug79]

Hi, my husband was granted citizenship by descent the other day, and received his certificate :biggrin: His Dad is an Oz citizen who has lived most of his life in the UK It got me wondering what that means for my 2 children with him. The old citizenship website was a bit easier to understand. i know that for them to gain citizenship by descent he would have had to be an Oz citizen at the time of their birth, which obviously he wasn't. I also know had he been an Oz citizen at the time of their birth he would have had to lived in Oz for a minimum of 2 years, which he hasn't. but what I am wondering is if when we get over there and he has lived in Oz for 2 years there is any option of them becoming oz citizens or do they have to wait for the 4 year rule that apples to PRs??? :eek:

[_shel]

From the way I read it they'd have to wait for the 4 years as they would be added to your citizenship application.

Would like to know if this is different as it effects us too though we havent got kids yet so may well have them in Aus, then they wil be citizens anyway.

[Guest wanderer]

I think Kate, when you read Australian Citizenship – Child born overseas to an Australian citizen

and the heading

Child born overseas to an Australian citizen

 

That pretty much says the children need to have a parent who was a citizen at the time of their birth and not taking it out at some later date.

And then with

If your 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.

though that statement alone could be read as you're hoping it'll mean, it really means that if a parent was a citizen by descent at the time of childrens births, they would still not be eligible themselves for citizenship by descent unless the parent had been in Australia for periods totalling two years at some stage prior to births.

 

I may be wrong on my interpretation and there was a discussion about a month back if you do a search on citizenship to see what was established for I remember input from a few people who may have even been through the process.

[k8bug79]

I think Kate, when you read Australian Citizenship – Child born overseas to an Australian citizen

and the heading

 

That pretty much says the children need to have a parent who was a citizen at the time of their birth and not taking it out at some later date.

And then with

 

though that statement alone could be read as you're hoping it'll mean, it really means that if a parent was a citizen by descent at the time of childrens births, they would still not be eligible themselves for citizenship by descent unless the parent had been in Australia for periods totalling two years at some stage prior to births.

 

I may be wrong on my interpretation and there was a discussion about a month back if you do a search on citizenship to see what was established for I remember input from a few people who may have even been through the process.

 

 

Yeah that's how I read it, it just seems odd that his kids can't really became oz citizens apart from the 4 year pr route. Maybe I am looking at it wrong. I kinda see it that my husband is half Australian even if he didn't really know about it until recently therefore his children are, but just because he registered later than their birth they are not allowed to be (weird) Ah well as we hope to be there for more than 4 years hopefully they can get dual citizenship anyway.

[Guest wanderer]

I was going to add to my post Kate that it does seem a case of splitting hairs but didn't so as not to cloud my thoughts expressed.

 

So for sure I share your sentiments in that it is somewhat weird that when a person applies will determine their citizenship and the impact of it, though on the other hand citizenship whilst a privilege also bestows responsibilities and I suppose there's some thought there about having that time in Australia even if it is only two years to qualify re commitment but also a little crazy for that two years could be from birth to two years of age.

 

Just another case of bureucracy determining where to draw a line in the sand and I think the Aussie constitution with its base legislation that determines a lot of this hails from our mother country!

 

For another reason I was looking at some UK regs re residency rights and the good ol boys of ol blighty even get a little sexist in the regs having rights re descendancy from males that do not apply as per the faire sex.

 

Not giving that as an excuse though, but more an example of how bureacracy is something we could well do without in a lot of areas.

[k8bug79]

I think thats what is ludicrous. Because my FIL was born in Oz to British parents, and only lived there until he was 11 months!! But in the Australian government see's him as an Australian, therefore my husband can be Australian. (which is naturally great for us so no complaints) But the children don't qualify because he didn't register himself before their birth? I wonder if the two year rule has to have been met at birth too or whether, for example, if he had applied for citizenship and we had decided not to emmigrate until now that he could then have lived in Oz for years and the children could apply for citizenship too?

i think like you say its just bureaucracy.

I think (and I may be wrong as I have never looked into it) but didn't Britain change the Male ruling for citizenship. i think they said if you had any british parent you could apply for citizenship, and I thought it was retrospective??????

[Guest wanderer]

I think (and I may be wrong as I have never looked into it) but didn't Britain change the Male ruling for citizenship. i think they said if you had any british parent you could apply for citizenship, and I thought it was retrospective??????

Kate,

I don't think it was citizenship but the UK has another term, "Right to enter or something like that" and I thought I saw eligibility could be had through male descendancy only for that.