Australian Citizenship
Posted by: Liz at 4:01 pm, March 6th, 2010
I was filling in a job application the other day and it asked me if I was an Australian citizen. I ticked the ‘Yes’ box, but then realised I still wasn’t sure if that was the case.
I started to sort this out a couple of years ago but after speaking to a very helpful person at the department of immigration who said that I was ’stuck between a rock and a hard place’ and just had to submit some forms, pay lots of money and hope for the best, I put it in the too hard basket.
I was born in Australia in October, 1986 to parents who were New Zealand citizens, but living in Australia under a permanent residency visa. My parents applied for and received their Australian Citizenship when I was 16, and I was not included on the documentation (not their fault), although apparently I should have been because I was under 18. So this leaves me having to qualify for citizenship. Checking out the proof of your citizenship page on the Dept of Immigration and Citizenship site, I thought I might fall under this category…
3. Born on or after 20 August 1986.
You acquired Australian citizenship at birth in Australia if at least one of your parents was an Australian citizen or permanent resident of Australia at the time of your birth.
OR
You acquired Australian citizenship on your 10th birthday if:
neither of your parents were Australian citizens or permanent residents at the time of your birth; you have been ordinarily resident in Australia for the 10 years since your birth; and your parents were not holders of diplomatic visas at the time of your birth.
Which sounds pretty easy, except that my parents were New Zealand citizens. Which puts me in a whole new category…
4. Born to New Zealand citizen parents
Children born in Australia to New Zealand citizens between 20 August 1986 and 31 August 1994 generally did not acquire Australian citizenship by birth.
Oh. And it probably doesn’t help that was I was 9 I acquired my New Zealand Citizenship in preparation for 2 years living over there (we arrived back in 1998). And I don’t actually know what my status is. I can only assume that I’m a permanent resident. The government don’t seem to have a problem with me living or working here.
So, then why not just apply for Australian Citizenship? Well, because I don’t seem to fall under any of their required categories. And then there’s this paragraph on the application page:
As a New Zealand citizen your eligibility for Australian citizenship depends on whether you arrived in Australia before or after 26 February 2001.
On arrival in Australia, most New Zealanders are automatically granted a Special Category Visa (SCV). This visa allows the holder to remain and work in Australian indefinitely. Up to 26 February 2001 the holders of SCVs were eligible to apply for citizenship.
On 26 February 2001, the Australian Government announced that New Zealand citizens are required to apply for and be granted permanent residence in Australia if they wish to access certain social security payments, obtain Australian citizenship or sponsor their family members for permanent residence.
So I can’t actually figure out if I need to:
a) apply for proof of citizenship and hope ‘being born here’ is enough.
b) apply for permanent residency because I’m a New Zealand citizen and then…
c) apply for Australian citizenship based on my permanent residency. OR
d) ignore it and hope it doesn’t come and bite me on the ass one day?
Any ideas?
March 6th, 2010 at 4:43 pm
Hi Liz
I would have thought that, as you were born after 20 August 1986, but both your parents were living in Australia under permanent resident visas when you were born, then that would make you an Australian citizen by birth. I think category 4 would only apply if your parents were living in Australia without permanent residency. Just a quick question, are you currently enrolled to vote? If you are, then you are an Australian citizen. If not, then I would apply for proof of citizenship on the basis that you were born here plus your parents were permanent residents at the time.
Hope this helps,
Emma
March 6th, 2010 at 5:08 pm
I hate to say it….but this might be one of those times you need to get a professional involved. I’d get onto an immigration consultant. You really don’t want to get deported. OR you could just marry an Australian citizen…….I’m just sayin…..
March 6th, 2010 at 6:43 pm
what happens when you marry jarod? s’pose it doesn’t mean you don’t have to bother with all the bloody paperwork.
don’t you love being special? /sarcasm
Laura´s last blog ..My February faces
March 6th, 2010 at 8:26 pm
Stay a kiwi! Kiwis are awesome :o)
March 6th, 2010 at 9:16 pm
Better get a lawyer son, better get a real good one..
http://www.youtube.com/watch?v=QdsSU4w6_b8
(it sounds expensive)…
March 6th, 2010 at 9:51 pm
As a nz citizen, you are no longer allowed to vote. What other things apply? What about super and tax? If there is not much else different, then it really does not matter.
March 6th, 2010 at 10:47 pm
Emma, I *am* currently enrolled to vote, which we did not consider. So this must mean somewhere in the system I am considered a citizen, despite my NZ citizenship as well. Thanks for your comment, at this stage, that is the route I am looking to take.
Amy- I’m going to call the immigration dept on Monday. Last time I spoke with them they gave no indication of an issue with me living here, just that it was going to be hard to get the piece of paper. Also, NZers still have the right to live and work here if they arrived before 2001, it’s just if I want AU citizenship that I have to apply. Or something bizarre like that.
Laura Jarod is totally my backup plan. If I marry him, they’ve *got* to let me have citizenship, right? ;)
Dany They have all the good confectionery, at least.
Andrew The paperwork is going to be expensive on it’s own, I’m hoping I don’t have to get anyone else involved (who I have to pay for their time!)
Brian Except that I can vote (and have). So somewhere something says I’m an AU citizen. And the main drive behind it is that a) I’d like an AU passport and b) I don’t have any ties to NZ other than the two years I spent there, so I may as well be ‘official’ here.
March 6th, 2010 at 10:54 pm
Hooray for being the backup plan!! :D
March 7th, 2010 at 9:38 pm
I hope everything works out.
I know these things are not much fun.
I had so much trouble getting my passport (even though I was born after 1986!), but
- Mums had only become a citzen recently
- Dad is a resident
- Mums last name was different to my last name.
We ended up having to provide her orginal residency, among other weird and wonderful documents to prove she was my Mum.
Then they told me it was the wrong stamp. We had to shake the paper infront of their nose saying ‘She arrived with the 10 pound poms; this is the right documents and the only peace of paper she got when she arrived. Do you think stamps have changed since then?’
Basically we kept on waving the paper until they gave in!!!
So good luck!
March 8th, 2010 at 8:54 pm
Weird. Not sure if I can give any advice. I guess it depends if your passport pic is any good ;)
Fiona´s last blog ..People-watching Pre-Amanda Palmer at the Sydney Opera House
March 11th, 2010 at 12:40 am
[...] Part One [...]
March 11th, 2010 at 6:06 am
I knew that there was something special about you! You are a Kiwi…..so that explains it! :D
paul´s last blog ..Salomon XT Wings 2 – Trail Running Shoes Review
March 11th, 2010 at 6:08 am
….oh and I have UK citazenship and Australian (after being “granted” it once i had jumped through the hoops of fire). funny though as i’m looking to give it up for a Kiwi passport :D
paul´s last blog ..Salomon XT Wings 2 – Trail Running Shoes Review