Dual nationality question uk/australia?

The Dark Side

He has an Australian parent, so he has the potential to be an Australian citizen. Australian citizenship by descent is never automatically granted so your sister has to apply for it. Application needs to be made to the Australian High Commission in London on form 118 http://www.immi.gov.au/allforms/pdf/118.pdf and once that goes though he'll be a dual citizen just like his mother. Only then will he be able to get an Australian passport.

Once Australian citizenship is granted he'll need an Australian passport to ever visit Australia, as Australian law requires that Australian citizens must enter and leave Australia on an Australian passport.

skc

It is not as simple as some of the answers above indicate. Given the son was born in the UK - he is only eligible for citizenship IF your sister got her Australian citizenship by being born in Australian with an Australian parent.

If she was born in the UK and "Claimed" her Australian citizenship by descent - then this is only transferable IF she has children in Australia. Citizenship by descent is not transferable after the first hand0down (i.e. she can claim it but she cannot claim it for any children)

Ozmaniac

It depends on how your sister got her Australian citizenship.

If she is a citizen by birth, her son is eligible for citizenship by descent but it is not automatic and must be applied for:
http://www.citizenship.gov.au/applying/how_to_apply/descent/

If she was granted citizenship by descent by virtue of her parents being Australian citizens, she can only pass her citizenship by descent to her son if she has been present in Australia for periods totalling two years at some time in her life. See 'Determine that you are eligible' from the above link.

John - the fact that both are Commonwealth countries means nothing. If a UK citizen wants to visit Australia, they need a visa just like everyone else and if they want to live and work in Australia, they must qualify for immigration in exactly the same way as is required for a person from any other country in the world - no special treatment for poms.

thecharleslloyd

You can register the child's birth at the consulate and then get a passport. It's very simple.

John

Yes, if the mother asserts her Australian citizenship.... not that I can think of much of a reason to need it - as they are both Commonwealth countries... is there any benefit to doing this that I am not aware of?

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