Immigration Lawyers and Migration Agents

Your Australian Visa Our Focus

Australian citizenship can be acquired through various circumstances related to birth. In this blog, we'll explore the three types of citizenship by birth.

Child Born in Australia with at Least One Parent Holding Australian Citizenship

If a child is born in Australia with at least one parent holding Australian citizenship, the child automatically becomes an Australian citizen.

Child Born Outside Australia with at Least One Parent Holding Australian Citizenship

Children born outside Australia with at least one parent holding Australian citizenship them they can apply for Australian citizenship through their parents.

Child Born in Australia – Ordinarily Resident and the 10-Year Rule

If a child is born in Australia and has two parents with neither of whom are Australian Citizens or Permanent Residents, and the child has been ordinarily resident in Australia throughout the first 10 years from your birth Australia as its primary residence up until the age of 10, the Child automatically becomes an Australian Citizen.

Recent case and flexibility by the Australian government

Recent legal developments, such as the case of Minister for Immigration, Citizenship and Multicultural Affairs v Sidhu by his litigation representative Kaur [2023] FCAFC 133, have brought about flexibility by the Full Federal court in interpreting the term "ordinarily resident."

This broader interpretation of ordinarily resident was more generous on how much time the child could be outside of Australia and still get Australian citizenship. In Sidhu, the child’s parents lived and worked in Australia while the child for some years lived with the grandparents in India. The child was still able to become an Australian Citizen on its 10th birthday.

Understanding the pathways to Australian citizenship by birth is crucial for individuals and families. Recent legal developments highlight the importance of flexibility in interpreting residency requirements, providing opportunities for those whose circumstances involve periods of living outside. If you need any assistance, please book an appointment. We are happy to help you.

If you're a Permanent Resident of Australia, congratulations!  You've already come so far and done so well.  But you're looking to take things one step further, you might consider becoming an Australian Citizen.  Citizens have the privilege of voting rights, financial assistance for education, government jobs, and protection from deportation.  It's definitely worth pursuing!  So how do you become a citizen of Australia?

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On 17 September 2020 (Australian Citizenship Day), the Australian Government announced that Australian citizenship test will be updated and revised. This is the first time change in more than one decade, adding questions that focus on Australian values. After 15 November 2020, the candidates will take the updated citizenship test with new changes.  

WHAT ARE THE CHANGES

The focus of the changes is to add questions of Australian values ​​to the test. Applicants are required to have a deeper understanding and recognition of Australian values, and understand the importance of democracy and the rule of law before making a final commitment to Australia. The changes will be officially implemented on November 15, 2020.

These changes have no impact on applicants' English language and residence requirements.

The revised citizenship test will comprise of 20 multiple choice questions with 5 questions on Australian values. Applicants who take the test on and after 15 November 2020 must correctly answer 5 questions regarding "Australian Values".

HOW TO PASS THE TEST

Love v The Commonwealth; Thoms v Commonwealth [2020] HCA 3 for full judgement please go to: https://www.hcourt.gov.au/cases/case_b43-2018

Who is an Aboriginal Australian? And should Aboriginal Australians be treated differently to other groups in Australia?

The High Court recently considered whether two men who were born outside of Australia and were not Australian citizens, but had spent most of their lives in Australia,

where within the reach of the “aliens power” conferred by s 51(Xix) of the Constitution.

Every year, hundreds of people who apply to renew their Australian passport or apply for citizenship by descent for their overseas-born children are notified by the Department of Home Affairs that they have ceased to be an Australian citizen some years ago. Often, this cessation comes without notice and the notification that they do not hold current Australian citizenship is shocking and can cause significant distress. Prior to 2002, many Australians who obtained the citizenship of another country were not aware that they will also automatically cease to be an Australian citizen.

Automatic Cessation of Australian Citizenship

Prior to 2 April 2002, a person of full age who by some voluntary or formal act other than marriage, did an act or thing to acquire the citizenship of another country ceased to be an Australian citizen under section 17 of the Australian Citizenship Act 1948 (Cth) (‘old Act’). There was no requirement to report the acquisition of another citizenship and the cessation occurred automatically as an operation of law.

Due to the automatic effect of section 17, the Department of Home Affairs does not have comprehensive records of those who lost their Australian citizenship under this provision. As such, errors may have been made when issuing evidence of Australian citizenship, Australian passports or in assessing citizenship applications. This means that you may hold an Australian passport without actually being an Australian citizen!

Full Age

From 26 January 1949 to 30 November 1973, a person aged 21 or over was considered of full age and would have lost their Australian citizenship once they obtain citizenship from another country.

From 1 December 1973, a person aged 18 or over was considered to be of full age.

Location of Citizenship Acquisition

Prior to 22 November 1984, section 17 of the old Act applied to those who acquired another citizenship whilst outside of Australia.

Between 22 November 1984 and 2 April 2002, an adult ceased to be an Australian citizen upon acquiring another citizenship, regardless of whether they were in or out of Australia.

Ex-Citizen Visa

Under section 35 of the Migration Act 1958 (Cth), those who were affected by section 17 automatically acquired an ex-citizen visa which allowed them to lawfully remain in Australia. Once they leave Australia, they could not re-enter without a valid visa.

How you may come to find out of your loss of Australian citizenship under section 17:

• After applying for Australian citizenship by descent for their overseas-born children

• After applying to renew Australian passport

• After applying for proof of Australian citizenship

• Attempting to re-enter Australia after a long period of time living overseas

Repeal of section 17

After much lobbying, especially from the expatriate community, major amendments were made to the old Act in 2002. From 4 April 2002, dual nationality was introduced for Australian citizens, allowing a person to simultaneously hold both Australian citizenship and the citizenship of another country. However the change was not retrospective, meaning those who lost their citizenship under section 17 do not automatically regain their Australian citizenship.

Resuming Australian Citizenship:

Resources

If you were affected by section 17 and wish to regain your Australian citizenship, speak to us today about an application to resume your Australian citizenship.

Call us on (08) 8351 9956 or +61 8 8351 9956 to book an appointment or click on the button below for online booking:

Book an Appointment

Sources:
https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd0102/02bd078

Citizenship Policy and Instructions 27 – Resuming Australian Citizenship issued on 24 May 2019
Migration Act 1958 (Cth) s 35

Key Terms: How to become an Australian Citizen - Permanent Residency (PR) - Work Visa - Citizenship by conferral and decent - Am I eligible to be an Australian Citizen 

The Re-Shuffle & Announcing David Coleman As New Immigration Minister

Prior to the recent spill, Dutton was the Home Affairs Minister as well as the Minister for Immigration and Border Protection. This left Dutton responsible for an extremely large portfolio which included immigration, citizenship, and Australia’s security and intelligence agencies. While Dutton will keep control of the Australian Border Force, the Morrison government has taken a new approach by appointing David Coleman as the Minister for Immigration, Citizenship and Multicultural Affairs.

“David has a keen understanding of the many different backgrounds and the many different issues that need to be managed to ensure that Australians who have come from so many backgrounds get that fair go I spoke of,” (abc) Morrison said when he announced his new team.

This seems like an enormous step in the right direction for the immigration sector as Coleman celebrates diversity and understands the pain of exclusion. Australia has made its “national foundations stronger by allowing more people to build upon them,” (InsideStory) Coleman noted in his inaugural speech to parliament.

What to Expect from the New Minister of Immigration

When anticipating what’s to come it is important to remember that Scott Morrison, having been the treasurer, has previously made comment on the valuable contribution that immigration mikes to the budget. Therefore, there is some hope that the new direction for the immigration portfolio may include revisiting the planning level of 190,000 permanent migrants for the 2019 year. In the 2018 migration year the number of grants was below the planning level at 162,000.

Furthermore, immigration finally has its own dedicated Minister. It is hopeful that the separation of immigration from the Home Affairs Minister may help the long processing times visa applicants are currently seeing. Read more about the current long processing times and low approvals here.

“We need a strong focus on our immigration program so it brings the skills and the harmony and the unity that we want from the program.” (InsideStory) – Scott Morrison on removing immigration from direct responsibility of the home affairs portfolio.

Much is still to be revealed in terms of the direction that the new minister for immigration, my take, there are some significant changes which can already be observed. The first is that the word multiculturalism has made a welcome return to the portfolio. The term multiculturalism has been very useful in promoting tolerance of different cultures and has been embraced by much of the Australian community. It is more welcoming and softer then the combination of home affairs and border protection which have been the main terms used in association with immigration recently.

The second terminology change is that the word immigration has re-emerged as a usable term. Up until recently we were in the awkward position where it was Home Affairs which was in charge of immigration and the word immigration was not anywhere to be found. This lead to mass confusion amongst clients and was generally unnerving giving the feeling that the term immigration is too politically difficult to actually use.

New Regional Visa in Review

According to an article from 29 August in The Australian, a proposed 5-year reginal visa currently in review. The new visa aims to encourage migrants to settle in regional Australia. In fact, the benchmark of the new visa is the requirement that migrants will locate in reginal or capital cities other than Melbourne or Sydney. In the past financial year out of the 112,000 skilled migrants who arrived, 87 per cent had settled permanently in Sydney or Melbourne.

“If the population was distributed more evenly, there would not be the congestion pressures that we have today in Melbourne and Sydney,” (TheAustralian) Mr Tudge told a forum in Melbourne.

This new reginal visa seems to be a healthy alternative to former Prime Minister Tony Abbott’s call for migration intake to be cut to 80,000 a year until infrastructure caught up.

It is believed the new visa class would apply to certain categories of new arrivals under the skilled and family migration program but in some cases could also apply to refugees.

Summary

Prime Minister Scott Morrison re-shuffles cabinet, and removes immigration and citizenship from the Home Affairs portfolio. Morrison hopes this will allow immigration to get the focus the program needs.

Morrisons new direction may help processing times and could include the revisiting of the planning level of 190,000 permanent migrants for the 2019 year. Also, it is hopeful that the inclusion of the words immigration and multiculturalism in the ministerial title will be a sign that there is a more friendly and less militaristic and punitive approach to immigration.

Lastly, there is a new reginal visa that has been proposed and is currently being reviewed. The new visa would allow new arrivals under the skilled and family migration program to come to Australia for 5 years on the basis they do not locate in Melbourne or Sydney.

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

We not own the rights to the picture above and no copyright infringement is intended.

Sources:

http://www.abc.net.au/news/2018-08-26/scott-morrison-announces-new-cabinet-after-julie-bishop-quits/10166300

https://www.smh.com.au/politics/federal/turnbull-to-quit-parliament-as-liberals-race-to-replace-former-prime-minister-20180827-p50047.html

https://www.sbs.com.au/news/peter-dutton-to-retain-border-force-when-immigration-handed-to-new-minister

https://www.sbs.com.au/news/scott-morrison-will-be-the-next-australian-prime-minister

https://www.governmentnews.com.au/pm-changes-incredibly-disruptive-to-progress/

https://www.theguardian.com/australia-news/2018/aug/26/cabinet-reshuffle-full-list-of-scott-morrisons-new-ministry

https://insidestory.org.au/where-to-now-for-immigration-policy/

https://insidestory.org.au/who-is-david-coleman/

https://www.theaustralian.com.au/national-affairs/cities-fix-pms-plan-to-send-migrants-to-regions-for-five-years/news-story/c8573e68a1438295818d5aab9de5471b

Prime Minister Malcolm Turnbulls victory leads to the resignation of Peter Dutton.

In a Liberal party room meeting, Peter Dutton challenged Malcolm Turnbull for the Liberal party leadership, losing 48-35 after the prime minister called a spill. Peter Dutton has resigned from his Cabinet position, and will now sit on the backbench.

"He said to me he doesn't feel he can remain in the Cabinet having challenged me for the leadership of the party, and so he is resigning." – Mr. Turnbull on Mr. Duttons resignation.

Treasurer Scott Morrison will serve as interim Home Affairs Minister “pending other arrangements,” Mr. Turnbull announced. Julie Bishop was also appointed the deputy position after running unopposed.

The narrow victory has left plenty of room for ongoing discussion concerning the possibility of Mr. Dutton of challenging Mr. Turnbull for Prime Minister. This morning’s vote confirms that Mr. Dutton has a significant conservative backing to replace Mr. Turnbull as PM.

We have been urged to expect more resignations, possibly form other frontbenchers, adding to the current but temporary sense of chaos within the government.

What Does This Mean for Australia’s Migrants

Prior to his resignation today, Peter Dutton was the Minister for Home Affairs and The Minister for Immigration and Border Protection. Mr. Dutton has been responsible for a number of changes within Australian migration since being sworn in December 2017, including the tougher vetting procedures we have seen. Click here read more about Mr. Duttons migration impact.

Responsibilities for the position of Minister for Home Affairs and The Minister for Immigration and Border Protection are not limited to but include:

• Overall strategic management of the portfolio, its agencies and budget
• Counter terrorism and organized crime strategy
• Counter espionage and foreign interference
• Migration and refugee/humanitarian programme settings
• Portfolio intelligence arrangements (Including visa risk assessment system)
• Visa cancellations for very serious offenders, national security, and exceptional cases

After winning the vote, Mr. Turnbull resigned as leader at the start of the meeting to prompt a vote to test the support of his opponent. Scott Morrison has been selected to act as interim Minister for Home Affairs and The Minister for Immigration and Border Protection in Mr. Duttons absence.

Mr. Morrison has held the role of Minister for Immigration and Border Protection having previously been appointed in 2013, where he was responsible for implementing Operation Sovereign Boarders.

Keep in mind that this may also lead to more responsibility for Alex Hawke and Alan Tudge. Mr. Hawke has served as the Assistant Minister of Home Affairs since December 2017. Mr. Tudge is the Minister for Citizenship and Multicultural Affairs and has been one of the more active members within the migration sector.

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Sources

We do not own the rights to the picture above.

https://www.homeaffairs.gov.au/about/corporate/ministers

https://minister.homeaffairs.gov.au/peterdutton/pages/welcome.aspx

http://www.abc.net.au/news/2018-08-21/politics-live-malcolm-turnbull-sees-off-peter-dutton-challenge/10146280

https://www.westernadvocate.com.au/story/5597429/malcolm-turnbull-wins-ballot-in-leadership-spill-julie-bishop-to-retain-deputy/

https://www.theguardian.com/australia-news/2018/aug/21/malcolm-turnbull-survives-leadership-contest-peter-dutton

https://www.theguardian.com/australia-news/malcolm-turnbull

https://www.theguardian.com/australia-news/live/2018/aug/21/liberal-leadership-dutton-turnbull-energy

http://www.abc.net.au/news/2018-08-21/malcolm-turnbull-survives-leadership-challenge-from-peter-dutton/10146574

https://www.news.com.au/national/politics/who-are-the-35-people-who-turned-on-malcolm-turnbull-and-voted-for-peter-dutton/news-story/c9b94f7f10d46e8b955b157668f0650c

https://www.workvisalawyers.com.au/news/all/20-000-less-skilled-rsms-and-partner-visas-granted-due-to-new-integrity-measures-from-australian-immigration-department.html

Friday, 12 January 2018

457, RSMS and ENS visa News | Partner Visa News | Australia Immigration Department News | State Sponsorship News | Citizenship | English Requirements News

Welcome to 2018! The year of 2017 had the most changes and announcements on Immigration Policy that I can remember. Here is our recap of the significant changes to the migration programme for Australia in 2017 and some of the discussions and ongoing developments for 2018.

The Immigration News in 2017 has been dominated by the announcements in April 2017 regarding the 457 and skilled occupation list changes and the proposed changes to Australian Citizenship application requirements.

The planning levels for permanent visas continue to be significant, at 190,000 permanent visas to be granted. The planning levels control the numbers of Australian permanent visas that are granted each year. If application numbers exceed planning levels, expect a longer processing time for your visa application.

I am going to make comments below about news in relation to a wide range of visas including business, skilled, visitor and family visas.

Key terms: Citizenship – Australia – Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 (the Bill) – High Court citizenship ruling – Dual Citizenship – Australia Citizenship requirements – Australia MPs – Banarby Joyce – Fiona Nash – Malcolm Roberts – Larissa Waters – Scott Ludlam – Nick Xenophon – Matthew Canavan

On 20 April 2017 the Australian Department of Immigration and Border Protection (DIBP) announced that changes are being introduced to the Australian citizenship requirements. The changes include:

- Increased residency requirements (from one year to four)

- Meeting an English requirement

The changes are meant to be in effect once the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 (the Bill) gets passed in Parliament. Unfortunately applications yet to be decided were also put on hold until the Bill can be passed.

Key terms: Migration Policy Changes – Online system outages – 1 July Changes – Western Australia State Migration – State Sponsorship – Subclass 190 Skilled Nominated visa – Subclass 489 Skilled Regional Sponsored visa – Regional Sponsored Migration Scheme (RSMS) – Australian citizenship

ImmiAccount System Outage on 30 June 2017

The Department of Immigration and Border Protection (DIBP) has announced that the ImmiAccount system will not be available from the following times:

New South Wales, Victoria, ACT, Queensland

9pm AEST Friday 30 June until 1pm Saturday 1 July 2017

South Australia, Northern Territory

8.30pm ACST Friday 30 June until 12.30pm Saturday 1 July 2017

Western Australia

7pm AWST Friday 30 June until 11am Saturday 1 July 2017

If you are thinking about submitting an online visa application you will need to do so before the times above.

Key terms: Australian Citizenship

*This is a developing story. Further details may become available at a later date.*

The Australian Prime Minister and Minister for Immigration have held a joint media conference today and announced new (tougher) criteria for the Australian citizenship application. The changes include:

·         residence of FOUR years as an Australian Permanent Resident  before applying (increase from one year)

·         demonstrate English language ability (potentially IELTS 6 but yet to be confirmed)

·         demonstrate integration and contribution to the Australian community (employment, children in school, etc.)

·         number of test attempts limited to THREE times. If you failed the test three times you will need to wait for another two years before you can take the test again

·         stricter criminal background checks

·         change to questions in the citizenship test to reflect Australian values