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Lawyer21
Lawyer21, CILEx Lawyer & SRA Accredited Immigration Adviser
Category: Immigration Law
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Experience:  CILEx Lawyer & SRA Accredited Immigration Adviser
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I'm currently applying for an Australian visa for my German

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I'm currently applying for an Australian visa for my German partner so we can return to Aus to live. I have lived in the UK for 32 years and I have both UK and Aus passports. I believed I was allowed dual nationality (both Commonwealth countries and both allow it) I was offered a Certificate of Naturalisation for the UK in 1999 as a means to getting a passport which I did as it was easier going forward than carrying a Aus passport with indefinite leave to remain. I have English born grandparents on both sides of my family. The immigration department processing our current visa have forwarded the details of my Certificate of Naturalisation to the Department of Home Affairs and they have in turn contacted me saying I have lost my Aus citizenship and they are inviting me to try to prove otherwise. They are implying I will need to hand over my passport. As I seriously had no idea I was sacrificing one for the other do I have a way forward considering the age of this problem? I have thrown nearly £6000 and months of work at our visa application not to mention feeling devastated by losing my homeland.
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I've requested any paperwork related to my case work from 1989 to 2001 from the UK home office in hope there is wording in there to say I can have dual citizanship. I live in the UK and I have both British and Australian passports. Born in Australia and a Certificate of Naturalization for the UK
JA: Have you talked to a lawyer about the visa?
Customer: No I have done all the work myself. The visa is less of a concern than my losing my Australian citizenship. Without that the visa is lost regardless
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have the original passports, visas and certificates of naturalization but as this is all before emails and computers I have no other documentation pertaining to the events of the time

Hi How can I help?

I will read your question and respond

Sorry what are you trying to do - what i understand is you have dual nationality?

Customer: replied 3 days ago.
I've been applying for a visa for my partner so we can both live in Australia. I was born in Australia but I've been living here for 32 years. I have an Australian passport and a British passport. While completing the Australian visa application it has come to light that I got a Certificate of Naturalisation for the UK in 1999 and the Australian government have now sent a letter saying I am no longer an Australian citizen. I never agreed to give up one passport for another I was under the impression my visas and indefinite leave to remain in the UK were granted as my grandparents were English born and that it was all a natural progression. Now 22 years later the Australian Government are telling me I'm not a citizen.

Is this for for Australia Immigration law or UK Immigration law?

Customer: replied 3 days ago.
I'm sorry I can't pay that right now. I'm out of work thanks to the pandemic. I'm in no way saying you are not deserving of that and more I just don't have it to spend.

Please ignore the phone call it's automated.

 

Is this question for for Australia Immigration law or UK Immigration law?
Customer: replied 3 days ago.
It is really an Australian immigration law problem but I know factually I would never have given up my Australian passport without being informed that it was OK to have both. Without written proof I'm hoping to come up with standard policies or something from that era to back my claim even if that is British law seeing as it was all done in the UK.
Customer: replied 3 days ago.
I mean you can't marry one person and then another without divorce first and I was not asked to divorce anyone - if that makes sense!

Sorry I cannot help for Australia law - wish you the very best! What I can say if you was issued with a Certificate of Naturalisation - this is only given to become naturalised as a British citizen. To prove this - you can obtain disclosure from teh Home Office under the Data Protection Act.

 

Did you renounce your Australia nationality or Surrender your Australia passport?

Yes you must be free to marry - need to have Decree Absolute or Divorce certificate

Customer: replied 3 days ago.
I did not renounce or surrender anything. What is the disclosure you are referring to? What is the "actual" meaning of naturalised as a British citizen as compared to them saying I have lost citizenship?

You cannot just lose your citizenship unless it was renounced or Australia law (does not permit it/changed in law). In order to obtain a copy or how it was obtained by you - I will send you a link

Thank you

I would be grateful if you could give me a positive rating by clicking on the above and press submit - I would appreciate it

Customer: replied 3 days ago.
This is the exert from the letter that I think is my downfall


At the time you acquired British citizenship, the Australian Citizenship Act 1948 (the 1948 Act) stated:
From 22 November 1984 until 03 April 2002 inclusive, Section 17 of the Australian Citizenship Act 1948
stated:
Section 17 Loss of citizenship on acquisition of another nationality
17 (1)A person, being an Australian citizen who has attained the age of 18 years, who does any act or
thing:
a) the sole or dominant purpose of which; and
b) the effect of which;
is to acquire the nationality or citizenship of a foreign country, shall, upon that
acquisition, cease to be an Australian citizen.
Section 17 operated automatically and was repealed on 4 April 2002.
Section 4 of Schedule 1 to the Australian Citizenship Legislation Amendment Act 2002 provided that the
“repeal of section 17 of the Australian Citizenship Act 1948 by this Schedule applies to an acquisition of
nationality or citizenship of a foreign country, where the acquisition occurs after the commencement of this
item”. If a person had ceased under section 17 to be an Australian citizen, the repeal of section 17 did not
have the effect of reinstating their Australian citizenship.
Therefore, it appears that you ceased to be an Australian citizen under section 17 of the 1948 Act on
29 September 1999 when you acquired British citizenship.
Further information required from you
As a matter of procedural fairness, I invite you to provide any information relevant to whether or not you lost your
Australian citizenship under section 17 of the 1948 Act. Your responses should include evidence, where relevant,
to show that you did not lose your Australian citizenship on 29 September 1999 when you acquired British
citizenship.

Before acquiring British citizenship what was your nationality? What evidence did you provided? Do you have any passports to show how you entered and that it was not lost 29/09/1999?

Customer: replied 3 days ago.
Australian. Birth certificate and passport I imagine
Customer: replied 3 days ago.
I have all the passports from both countries since 1989

Then this is what you should submit - together with a Statutory Declaration or Affidavit - both legal documents are Statement of Truth - which need to be Sworn in the presence of a Solicitor or authorised person that is a Commissioner of Oath!

Thank you and all the very best

I do hope this information has been helpful

I would be grateful if you could give me a positive rating by clicking on the above and press submit - I would appreciate it

Customer: replied 3 days ago.
Thank you very much. I truly appreciate your time

Most welcome

Please do remember to provide a positive rating - many thanks

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