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Becontree Boy

Adopted Daughter - Citizenship by Descent?

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Has anybody been down the same road we are travelling and had any success?

 

Our 25 year old daughter is a UK citizen by birth. We formally adopted her when she was aged 7 years old in the UK.

 

At that time we were both British citizens. However, subsequently Mum acquired "Australian Citizenship by descent" and we moved to Australia (without our then under 18 year old daughter who wouldn't go on PR application because she said that "she hadn't seen all that Britain had to offer yet".)

 

Our daughter is now with us here in Australia on a year long "Working Holidays Visa". She loves it here and wants to stay here permanently (and she is probably regretting her earlier decision).

 

We want to see if she can apply for "Citizenship by descent" but the rules seem very ambiguous. Some sections of the government's web site suggest "yes she can", while others imply "no she can't". We went to see our Federal MP the other day and asked her staffer if she thought an application would be successful. The staffer said yes. We still have a few nagging doubts though: Yes mum now fulfills the 2 years residence in Australia, but no, Mum wasn't an Australian citizen at the time of our daughter's birth.

 

We will talk to the department of immigration this week, but in the meantime, I wonder if any other migrants have faced this scenario? We really want her to stay as it'll give her a new and positive start for her in life at a time when she is receptive to this change.

 

Any advice would be greatly appreciated.

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Guest kells343

This would be very interesting to see...please keep us posted...

 

I am desperate to be with my family in australia - Dad, 2 sisters, 2 brothers, Aunti, 2 cousins and Neice - however because my mum is alive and well in the UK i am unable to get a Family Visa and do not have enough points to satisfy a Skilled Visa although i am a Hotel Manager and have worked in hospitlaity for 13 years!

 

My dad has lived in Australia for the last 20 years - My brothers and 1 of my sisters were born over there and my other sister was relocated by her employer 5 years ago....There must be something i can do to take myself and 2 sons aged 13 and 16 years over there! Its so frustrating!

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Has anybody been down the same road we are travelling and had any success?

 

Our 25 year old daughter is a UK citizen by birth. We formally adopted her when she was aged 7 years old in the UK.

 

At that time we were both British citizens. However, subsequently Mum acquired "Australian Citizenship by descent" and we moved to Australia (without our then under 18 year old daughter who wouldn't go on PR application because she said that "she hadn't seen all that Britain had to offer yet".)

 

Our daughter is now with us here in Australia on a year long "Working Holidays Visa". She loves it here and wants to stay here permanently (and she is probably regretting her earlier decision).

 

We want to see if she can apply for "Citizenship by descent" but the rules seem very ambiguous. Some sections of the government's web site suggest "yes she can", while others imply "no she can't". We went to see our Federal MP the other day and asked her staffer if she thought an application would be successful. The staffer said yes. We still have a few nagging doubts though: Yes mum now fulfills the 2 years residence in Australia, but no, Mum wasn't an Australian citizen at the time of our daughter's birth.

 

We will talk to the department of immigration this week, but in the meantime, I wonder if any other migrants have faced this scenario? We really want her to stay as it'll give her a new and positive start for her in life at a time when she is receptive to this change.

 

Any advice would be greatly appreciated.

 

Here is the relevant legislation: Persons born outside Australia on or after 26 January 1949

 

(2) A person born outside Australia on or after 26 January 1949 is eligible to become an Australian citizen if:

(a) a parent of the person was an Australian citizen at the time of the birth; and

(b) if the parent was an Australian citizen under this Subdivision or Subdivision AA, or section 10B, 10C or 11 of the old Act (about citizenship by descent), at the time of the birth:

(i) the parent has been present in Australia (except as an unlawful non-citizen) for a total period of at least 2 years at any time before the person made the application; or

(ii) the person is not a national or a citizen of any country at the time the person made the application and the person has never been such a national or citizen; and

© if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application — the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application.

 

 

I hope this helps.

 

 

As a rule it is a good strategy for recalcitrant children to be included on an application for permanent residence and to validate their visas, if granted. They then have up to five years to decide whether to move to Australia.

 

 

There are no consequences to parliamentarians or their staff who offer advice that is incomplete, misleading, or incorrect. The same applies to DIAC officers and members of public forums. DIAC publications, including their websites, offer advice that is simplistic, misleading and often wrong. If you contact the right person in the DIAC you will get the right answer, but that is no mean feat.

 

 

It is possible the way the Migration Agents Code of Conduct and various other documents have been (mis)drafted that a registered migration agent might avoid a sanction for giving incorrect citizenship advice, because it is not MIGRATION advice.

 

 

May I suggest that you discuss possible strategies with an experienced registered migration agent?


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Thanks for your comments Kells. I can understand the fustration you are feeling. I'll keep you updated.

For us, it seems to come down to to the use of commas and semi-colons in the interpretation of the law which Wesly reproduces. Do they imply "and" or "or". I suppose that's how migration agents make a living! However, you would expect MP's and immigration department officials to be clearer on this point.

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