Question of the Week



Citizenship by decent

Category: No Category

Question asked

I am currently here on a working holiday visa and I hold a Maltese passport.

I am just wondering whether I am eligible to gain residency through descent. I have an auntie and a cousin who are Australian Citizens and my dad was also born here. I have attached documents showing my dad's birth certificate.

Answer provided by Migration Agent

Hi S.

I assume you are asking about citizenship through descent on the basis of the fact your father was born here. You are not eligible for this unless your dad was an Australian citizen on the day you were born. I am assuming as you have not stated this that he wasn't.

While you are not eligible for citizenship be descent there is an option for citizenship on the basis of being a child of a former Australian citizen. To be eligible you must:

- have been born outside Australia
- Your dad was an Australian citizen before you were born
- Your dad lost his Australian citizenship by acquiring the citizenship of another country, as an adult, before 4 April 2002
- You must be of good character as you are over 18 years old.

If your dad was an Australian citizen but has then after turning 18 acquired citizenship of another country (Malta I assume in your case) you would be able to apply for citizenship. As part of your application you would need to provide evidence that your dad was an Australian citizen and that he became a citizen of another country prior to 4 April 2002.

Therefore you may be eligible under this option. If you would like to let me know the details of the documents that you were unable to upload and also a brief timeline of your dad's residence in Australia that would help to establish if this is an option for you.

I hope that information helps

Connect with Migration Agents and Immigration Lawyers

75 Agents and Lawyers are currently online. View profiles and compare ratings before hiring your migration agent.

Ask-An-Agent is the trusted online marketplace connecting consumers and businesses with migration agents and immigration lawyers.

It's never been easier.

Connect with Migration Agents and Immigration Lawyers today

List of Migration Agents

 

Or search the Immigration Blog for the latest updates

Immigration Blog

 

What is the difference between choosing Ask-An-Agent over Facebook Groups or other Forums?

Facebook Groups, Blogs and Forums are a great place for meeting people although they’re still the online equivalent of an anonymous village pub.

Answers on Facebook Groups, Blogs and Forums

  • are provided by complete strangers you may not know.
  • locked in time and may be outdated.
  • may not fit your unique set of circumstances.

 

Information provided by unqualified strangers is unreliable. Trusting it may be harmful to you.

It is your future and we believe you deserve qualified and affordable legal advice before preparing your visa application and spending your dollars.

 

Know that we have got your back

Migration Agents answering your Questions within Minutes

You get qualified legal answers online, 24 hours a day and 7 days a week.

Ask your questions online from the comfort of your home. A migration agent or immigration lawyer will provide a qualified and reliable answer in writing and by email to your inbox.

Ask your Questions

 

Get the Ask-An-Agent app

It is fast, easy and free!

 

 

The Ask-An-Agent community

Whether you’re hiring a migration agent or post your migration questions, know that we’ve got your back every step of the way.

Trust and Safety

Pay.Safe

Migration Agent Fees

 

Ask-An-Agent community members are celebrating the best migration agents, immigration advisors and immigration lawyers.

Congratulations to all the 2022 Immigration Choice Awards winners.

Immigration Choice Awards 2022

 

Meet your Migration Agents and Immigration Lawyers

View migration agent profiles. Read reviews from other community members who have already hired a migration agent.

 

Quick Links:

Migration Agents in Brisbane

Migration Agents in Melbourne

Migration Agents in Perth

Migration Agents in Sydney

Or meet with an Agent near you: Find Migration Agents near me

 

Promotion from our Partner

Info on ads