Australian Citizenship for Kiwis - Dual Citizenship - NZRelo
If you are a New Zealand citizen by birth or grant and you have a child overseas, you can register them as a citizen by descent and get them a New Zealand passport. If you were born in NZ or have been granted NZ citizenship you can register your child as a NZ citizen by descent. Australian Citizenship for Kiwis - dual Austrailan and New Zealand citizenship for Kiwis living in Australia - what are the requirements?. New Zealand allows dual citizenship or multiple citizenship — but some other countries don't.
British subjects born outside Australia before 26 January with an Australian father became Australian citizens automatically upon entering Australia with a permanent visa up to 30 April A person born outside Australia or New Guinea before 26 January may be registered as an Australian citizen provided - that person has a parent born or naturalised in Australia or New Guinea, and the parent became an Australian citizen on 26 January A person born outside Australia on or after 26 January may be registered as an Australian citizen by descent provided - they had an Australian citizen parent at the time of birth and If the Australian parent acquired Australian citizenship by descent, that parent must have been lawfully present in Australia for a period or periods totalling at least 2 years at some time in their life.
Australian citizenship by descent is not conferred at birth, and a child born outside Australia to an Australian parent must apply for citizenship. Children of former Australian citizens[ edit ] Where an Australian parent has lost Australian citizenship before the birth of a child, the child is not eligible for Australian citizenship by descent.
However, such a child is eligible for a special conferral of Australian citizenship naturalisation under section 21 6 of the Act if the Australian citizen parent lost Australian citizenship under section 17 of the Act prior to the child's birth. Section 17 concerned automatic loss of Australian citizenship upon naturalisation in another country as an adult before 4 April Children of former Australian citizens who lost their Australian citizenship under section 18 renunciationsection 20 loss by naturalised citizens who left Australia before or section 23 automatic loss as a minor do not benefit from this concession.
There is no age limit and those over 18 are eligible to apply. Citizenship by naturalisation[ edit ] Citizenship ceremony on beach near CooktownQueensland.
Non-British subjects were required to apply for naturalization, which had stricter requirements, including a five-year residency. They were required to attend a citizenship ceremony and swear an oath of allegiance to the Crown. From they were also obliged to renounce "all other allegiance". The Australian Citizenship Act ended the preferential treatment for British subjects from 1 December From that date, the same criteria for naturalisation applied to all applicants for citizenship by naturalisation, though the special status of British subject was retained.
Also from that date the age of majority for citizenship matters was reduced to eighteen years, so that they could apply for citizenship in their own right. The common residence requirement of three years was reduced to two years from 22 November The status of British subject was removed from Australian citizenship law, with effect on 1 May People who became permanent residents from 1 July must have been lawfully resident in Australia for four years before applying for naturalization.
The "lawfully resident" test could be satisfied by a student visa or tourist visa or visabut the applicant must: Children aged under 18 can be included in the application of a responsible parent.Why New Zealand Is Better Than Australia
The standard residence requirements do not apply to such children. There are some exceptions to the standard requirements, including: Those who were present in Australia as permanent residents before 1 July remain subject to the previous residence requirement in force sincee. In general, applicants aged 16 or over must attend a citizenship ceremony and make a pledge of commitmentexcept for: From 1 Octobermost applicants for naturalisation aged between 18 and 60 must pass the Australian citizenship testwhich focuses on Australia's values, history, and traditional and national symbols.
Loss of Australian citizenship[ edit ] Prior to 4 Aprilmany Australian citizens lost Australian citizenship through acquiring another citizenship, or being the child of a parent who did so. From this date onwards, the scope to lose Australian citizenship is more limited.
NZers living in Aus told to consider dual citizenship | RNZ News
Adult Australian citizens acquiring another citizenship[ edit ] Between 26 January and 3 Aprilan adult Australian generally lost Australian citizenship automatically section 17 of the Australian Citizenship Act upon acquisition of another citizenship by a 'voluntary and formal act', with the following rules: Section 17 of the Act was repealed with effect from 4 April Loss of citizenship — children[ edit ] Children did not lose Australian citizenship by virtue of their own actions, but could lose Australian citizenship if a parent lost Australian citizenship: Loss of Australian citizenship by the other parent did not affect the child's status from 22 November loss of Australian citizenship by either parent could affect the child's citizenship.
However a child would not lose Australian citizenship in this circumstance if one parent remained an Australian citizen or was an Australian citizen at death. Loss of Australian citizenship occurred under section 23 of the Act. Even after the repeal of section 17 of the Act insection 23 was left in place. It remains possible for an Australian child to lose Australian citizenship this way.
However, since the repeal of section 17, this is much less common and in general only applies where a parent is deprived of Australian citizenship, or renounces Australian citizenship under section 18 of the Act. Under the Australian Citizenship Actin force from 1 Julyan Australian child no longer automatically loses Australian citizenship based on a parent's actions.
However the Minister for Immigration and Citizenship has the right to deprive a child of Australian citizenship in these circumstances on a discretionary basis. Naturalised Australian citizens[ edit ] Between 26 January and 7 Octobera naturalised Australian citizen lost Australian citizenship if resident outside Australia or New Guinea for a continuous period of 7 years without registering annually a declaration of intent to retain Australian citizenship.
This occurred by virtue of section 20 of the Nationality and Citizenship Act which was repealed on 8 October The provision had the potential to create stateless persons. Since 1 Julypersons who lost Australian citizenship because of the provision may apply to resume Australian citizenship, subject only to being of good character. Australian Citizens connected with Burma[ edit ] Burma became independent outside the Crown's dominions on 4 January Such persons who were domiciled in the United Kingdom or "His Majesty's dependencies" were given two years to elect to remain British.
Australian legislation was not updated at the time and hence the common law applied.
British subjects connected with Burma lost British subject status under Australian law only if resident in Burma. As a result, some British subjects connected with Burma acquired Australian citizenship on 26 January if resident in Australia for 5 years at that point.
On 29 July the Australian Parliament passed the Nationality and Citizenship Burmese Act which removed the discrepancy between Australian and British law on the status of persons connected with Burma.
As a result of the Act, Australian citizenship was lost on 29 July by persons who had had British nationality removed from them under the UK legislation inand persons descended from or married to such persons. Such persons were given until 29 July two years from the date of commencement of the Act to register a declaration of intention to remain a British subject.
If such a declaration was registered, the person was deemed never to have lost Australian citizenship. Service in the armed forces of an enemy country[ edit ] Section 19 of the Act stated: It has been re-enacted as section 35 of the Act. Deprivation of Australian citizenship[ edit ] A naturalised citizen for the first two, all citizens for third dot point Australian citizen may be deprived of Australian citizenship under section 34 of the Act in the following circumstances: These mainly involve fraud in the person's citizenship or migration application.
Getting Australian Citizenship for Kiwis- Dual Citizenship
Deprivation of citizenship cannot occur for this reason if the person has no other citizenship. In December the Australian Citizenship Act Cth was amended by the Australian Citizenship Amendment Allegiance to Australia Act Cth which introduced three mechanisms by which citizenship may be forfeited: The loss of citizenship is said to occur by operation of law.
This visa ceases to have effect as soon as the person leaves Australia. Should the former citizen wish to return as a resident, a Resident Return Visa pdf file or other permanent visa is required.
Yesterday the dual citizenship furore engulfed a seventh MP, when crossbench senator Nick Xenophon announced he has UK citizenshipthanks to his father hailing from Cyprus, then a British territory. It is more than just a personal humiliation.
The coalition commands a one-seat parliamentary majority. The government itself is on the precipice. It is against this backdrop that the foreign minister launched her broadside. A New Zealand Labour parliamentarian, having had a tip-off from an Australian Labor staffer, had lodged parliamentary questions about citizenship-by-descent. She had the misfortune, too, to be up against a New Zealand Labour party that is suddenly being taken seriously under its new leader, Jacinda Ardern.
Since her elevation to the top job just three weeks ago, Ardern has propelled the party up the polls. Any prospect of a full-blown diplomatic crisis swiftly fizzled out. But the case of the reluctant Kiwi and the angry Bishop had prodded at a raw nerve.
InNew Zealand and Australia agreed to grant reciprocal freedom to travel and live. Other policies, such as a hike in student fees, have led to accusations that the Anzac spirit, forged on the battlefields of the first world war, has been betrayed. Kate Hunter, a dual citizen who moved from Australia to New Zealand in and teaches Australian history at Victoria University of Wellington, says these changes are a graver threat than the Barnaby Joyce episode. New Zealanders feel really quite viscerally angry about that.