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Dual citizenship is when an individual holds citizenship in two different countries at once. Individuals may have heard this also referred to as being a dual national or someone holding dual nationality.
For those who migrate to Australia, becoming a dual national and holding Australian citizenship can be an attractive prospect, especially given the benefits that are afforded to those who are Australian citizens. Some visa holders will have the option to become Australian citizens following being granted permanent residence in Australia. However, while many countries permit dual citizenship, there are just as many that do not permit it.
This blog will provide an overview of Australian citizenship, the process that visa holders will be required to undertake, how dual citizenship works in Australia, and some important information to be aware of.
Where visa holders need advice or assistance understanding their circumstances and if they are eligible for Australian citizenship or dual citizenship, an Australian Migration Lawyer can help.
In Australia, there are three ways that someone can become an Australian citizen. Individuals can be either born in Australia, receive citizenship due to a parent being an Australian citizen or be a permanent resident of Australia and apply for Australian citizenship (if eligible).
For permanent visa holders, as they will be permanent residents, they will need to apply to become an Australian citizen. To be eligible for consideration, visa holders will need to:
And not have an exception to citizenship (such as identity, criminal offences, or risk to national security) apply to them.
Beyond being eligible to receive an Australian passport, there are many other benefits to becoming an Australian citizen including:
If visa holders are wondering if they are eligible for Australian citizenship or are trying to work out a pathway to be eligible to apply, contact an Australian Migration Lawyer today.
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The process of becoming an Australian citizen occurs over multiple stages, similar to the process that applies when applicants apply for a visa in Australia. After applicants ensure that they are eligible to apply, they will need to prepare all of the documents related to applying for Australian citizenship and provide any supporting evidence that substantiates their claims. To lodge the application, applicants will be required to submit the application form online (including any supporting documents) and pay the relevant application fee (paper applications are allowed in certain circumstances). Applications can be made from both inside and outside of Australia. Following lodgement, most people between 18 and 59 will need to sit the citizenship test or have an interview with the Department of Home Affairs. After the aforementioned steps are completed, the Department will then take time to examine and decide upon the application and seek further information if necessary. Following a decision being made, the Department will contact the applicant and notify them in writing of the decision. If successful, applicants will be required to attend a citizenship ceremony and make the Australian Citizenship Pledge to become an Australian citizen.
An Australian Migration Lawyer can provide tailored information and specific advice to applicants if they are unsure of any stage of the process or have any further questions.
During the citizenship application process, as mentioned above, applicants will need to pledge their loyalty to Australia. However, despite this, Australia does not place any restrictions on dual nationals and allows individuals to hold Australian citizenship while holding citizenship of another country.
Applicants should be aware though that Australia’s allowance of dual nationality does not extend to other countries. Therefore, applicants should consider whether they are able to hold dual citizenship under the applicable law governing dual nationality in their home country and if their country recognizes dual nationality. This is because there are situations where the Australian government’s ability to help an applicant if they are in the other country of citizenship is limited, such as being unable to provide consular assistance where foreign governments do not recognize dual citizenship, meaning that it may not be in the applicant's interest to become a dual national.
Applicants should note that while Australia does not have compulsory military service for citizens, holding dual citizenship will not make an applicant immune from these obligations if they apply in the applicant’s home country. This same reasoning extends to the relevant laws that apply to citizens in the applicant's home country (including civic obligations such as jury duty) as they may still be recognized as a current citizen despite being a citizen of two countries. Likewise, as a citizen of Australia, the applicant cannot deny the applicability of Australian law/local laws to them on the basis of being a dual citizen.
For applicants that wish to become dual citizens of Australia and another foreign country, they should contact their local authorities and be informed of the rules that may apply to their current citizenship.
An Australian Migration Lawyer can provide tailored information to applicants in specific circumstances, so if you or a family member has questions or needs help, contact us.
A number of countries will allow an applicant to apply for dual citizenship in Australia as they recognise dual nationality. While not an exhaustive list, these countries include:
A number of countries do not recognise multiple citizenship or dual nationality as they do not allow citizens to hold multiple citizenships. While not an exhaustive list, these countries include:
At Australian Migration Lawyers, we can provide information, advice and guidance to prospective citizenship applicants at any stage of the process. This includes helping visa applicants navigate through Australia’s immigration framework to find a pathway to citizenship or guiding current visa holders who are ready to apply. At Australian Migration Lawyers, we understand that the process of applying for citizenship can be confusing, especially where applicants already have citizenship to another country, so we endeavour to help applicants navigate the Australian citizenship process and provide tailored specific advice. For applicants and their families who need help with Australian citizenship, contact an Australian Migration Lawyer.
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