Australian citizenship by descent

If you were born overseas and have at least one parent who was an Australian citizen at the time of your birth, you may be eligible for Australian citizenship by descent. This pathway allows you to inherit Australian citizenship, even if you were born in other countries, and it grants you the same rights and responsibilities as any other Australian citizenship holder. This includes the right to vote, work for the Australian government, and hold an Australian passport.

To apply for Australian citizenship by descent, you will need to provide the necessary documents, such as a full birth certificate or a completed identity declaration. If you have New Zealand citizenship, note that New Zealand citizens may be subject to different criteria. Unlike some other citizenships, this process allows for dual citizenship, meaning you may hold both your original citizenship and Australian citizenship.

Navigating the citizenship by descent process can be complex, but with the right support, you can ensure a smooth and timely application. At Australian Migration Lawyers, our experienced team is here to guide you through every step of the citizenship application process. Whether you need help ensuring all your documentation, including original documents and certified copies are in order, or navigating the intricacies of character requirements, we’re committed to providing personalized, expert advice.

How to become an Australian citizen by descent eligibility requirements

Becoming an Australian citizen by descent is a significant step for those born outside of Australia with Australian heritage. However, to ensure eligibility, there are specific criteria that must be met before you can apply. Some of the key requirements include:

• You must be born outside Australia on or after 26 January 1949: To be eligible for Australian citizenship by descent, you must have been born outside of Australia on or after 26 January 1949.
• At least one of your parents must have been an Australian Citizen at the time of your birth
• If your parent became an Australian citizen through descent or adoption outside of Australia under the Hague Convention on Intercountry Adoption or a bilateral agreement: they must have spent at least two years lawfully in Australia before your application.
• If you are 18 years or older, you must satisfy the character requirement.

For those born outside Australia through international surrogacy arrangements, additional considerations apply.  Additionally, for individuals born before 26 January 1949, a different pathway exists.

Documentation:

Once you have established your eligibility, you will be required to gather specific documentation which supports your application. This process can be complex, as there are numerous rules regarding the specific documents you must submit. These include identity documents, evidence of any name changes, supporting evidence of your date of birth, photographs, signatures, and proof of residential address, among others.

Navigating these requirements can be a time-consuming and confusing task. Engaging a lawyer at Australian Migration Lawyers will ensure that you avoid potential pitfalls, ensuring your documentation is thorough, accurate, and compliant with the requirements. At Australian Migration Lawyers our team of experienced professionals is well-equipped to guide you through the complexities of the citizenship application process, ensuring that all necessary criteria are met in a timely and efficient manner.

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If you are interested in getting more information about your situation, get in touch with Australian Migration Lawyers for a consultation.

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What is the character test

Applicants aged 18 or older must satisfy the character requirement, which is based on their moral qualities and behaviour and requires individuals to demonstrate an ability to uphold and follow Australian laws. The assessment will take into account factors such as any criminal convictions, obligations to Australian or foreign courts, associations with individuals of concern, incidents of reported domestic violence, and honesty in your dealings with the Australian community, especially regarding visa or citizenship applications.

To determine character, applicants may be required to submit a Nationally Coordinated Criminal History Check (NCCHC), facilitated by the National Police Checking Service (NPCS) in collaboration with Australian law enforcement agencies. Additionally, individuals who have resided or traveled overseas may be asked to provide penal clearance certificates from the countries in which they have spent time, to further demonstrate their character during their time abroad.

It is important to note that the presence of a criminal record does not automatically disqualify an applicant from meeting the character requirement. The assessment is conducted on a case-by-case basis, taking into account the individual circumstances. Applicants are strongly encouraged to provide accurate and thorough information regarding their criminal history, as any omissions or inaccuracies may adversely affect the outcome of their citizenship application.

Common mistakes with citizenship applications

Applying for Australian citizenship by descent is generally a straightforward process. Unlike citizenship by conferral, applicants are not required to meet residency or language requirements or pass a citizenship test. However, it is advisable to submit your application as soon as you meet the eligibility criteria, as these criteria may evolve over time.

There are several common errors that applicants should be mindful of to avoid complications during the process. These include:

• Incorrect Parent Details: One of the most frequent mistakes involves providing inaccurate information about the Australian parent, such as incorrect names, birth dates, or citizenship status. As these details are essential for verifying eligibility, any errors can hinder the application.
• Failure to Meet Residency Requirements: Some applicants fail to recognize that additional residency or presence criteria apply if the parent was not an Australian citizen at the time of the applicant's birth. Overlooking these requirements may result in disqualification.
• Incorrect or Incomplete Documentation: Submitting incorrect or incomplete documentation is another common mistake. It is essential that documents such as birth certificates, proof of the parent’s citizenship, and marriage certificates are accurate, legible, and presented in the correct format. Any discrepancies can delay or obstruct the processing of your application.
• Lack of Certified Translations: If the supporting documents are not in English, certified translations must be provided. Failure to include these translations may lead to immediate rejection of the application.
• Ignoring Character and Police Clearance Requirements: All applicants must satisfy Australia’s character requirements. Failing to disclose past issues or incomplete character checks can delay your application or result in a negative outcome. It is important to be transparent about your history and follow all instructions from the Department of Home Affairs regarding police clearances.

Ensuring attention to these details can significantly enhance the likelihood of a successful application. Should you require assistance navigating the complexities of the application process, our team at Australian Migration Lawyers is ready to offer expert legal guidance tailored to your specific circumstances.

What is the cost?

The application fee for Australian citizenship by descent is $360. If you have siblings applying at the same time, each subsequent sibling’s application cost will be $150.

What is the processing time?

The processing times for citizenships by descent differ depending on factors such as whether your application is complete with all necessary supporting documents, how quickly you respond to requests for additional information, the time required to verify the details you’ve provided, and the duration it takes to receive information from other agencies, particularly regarding character and national security checks.

Engaging Australian Migration Lawyers can ensure that your citizenship by descent application is submitted accurately and promptly. With our expertise, we can help prevent delays by addressing all the factors listed above, including ensuring your application is complete, facilitating timely responses to any requests for further information, assisting with the verification of your details, and efficiently managing communications with relevant agencies regarding character and national security checks.

Summary

Becoming an Australian citizen by descent is a rewarding process, but it requires careful attention to detail. From meeting eligibility requirements to ensuring your documentation is accurate and complete, every step matters. Common mistakes such as incorrect parent details, failure to meet residency requirements, and incomplete character checks can delay or derail your application.