[Bhajjaji]

Hi all,

Suppose a PR holder, went to Australia and spent 3 years there, satisfied the citizenship conditions and got citizenship and Australian passport.

Now:

Do he can grant citizenship to his wife? His Kids? (Who are PR holders, but never stayed in Australia, except for visa cvalidation)?

In other words, what is the rules of granting the citizenship down from father to his family?

Thanks in advance,


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[Jack.Sparrow]

Hi all,

Suppose a PR holder, went to Australia and spent 3 years there, satisfied the citizenship conditions and got citizenship and Australian passport.

Now:

Do he can grant citizenship to his wife? His Kids? (Who are PR holders, but never stayed in Australia, except for visa cvalidation)?

In other words, what is the rules of granting the citizenship down from father to his family?

Thanks in advance,


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Your kids can only become citizen by descent if they are born after you became Australian citizen yourself, otherwise they have to pass residency test similar to any other PR who want to become citizen.

Similarly, your wife can not become Australian citizen just because you are. She still need to meet the residence requirements and other citizenship criteria which is applicable for PR person.

 

[phlojo]

This info is available online.

1. You need to be a PR for 4 before you can apply for citizenship. (That time begins from the moment you have entered Australia as a PR for the first time)
2. There is a residency requirement; you need to have been a PR in Australia for 4 years.
3. When you apply for citizenship, you can include your children. If they are under 16 they do not need to satisfy the residency requirement.
4. Anyone over 16 (including your wife) does need to satisfy the residency requirement (i.e. 4 years in Australia)

Before the April changes, the site had clear wording saying that "residence" meant that you had to be in Australia for those 4 years with no more than 90 days outside Australia in each of those years. I don't recall if they meant each calendar year or each period of 365 consecutive days. Now it no longer says what it means to be a PR for 4 years, but I would assume that they go by the old rules.

 

[phlojo]

... in other words, as far as I know, you can apply for citizenship for yourself and kids who have PR and are under 16, but not your wife. The Australian Dept of Immigration and Border Protection does not agree with Jack.Sparrow

 

[phlojo]

Found the old requirements:

To be eligible to apply, you must:
- have been living in Australia on a valid Australian visa for four years immediately before applying
- have been living in Australia for 12 months as a permanent resident
- not have been absent from Australia for more than 1 year in total
- not have been absent from Australia more than 90 days in the year before applying.

 

[Bhajjaji]

Your kids can only become citizen by descent if they are born after you became Australian citizen yourself, otherwise they have to pass residency test similar to any other PR who want to become citizen.



Similarly, your wife can not become Australian citizen just because you are. She still need to meet the residence requirements and other citizenship criteria which is applicable for PR person.

Thank you @Jack.Sparrow
But as I heard that you can apply for your kids with you (Who are less than 16 years old) even they didn't meet the requirements.

And this is what I understand from pholojo reply above.


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[Bhajjaji]

... in other words, as far as I know, you can apply for citizenship for yourself and kids who have PR and are under 16, but not your wife. The Australian Dept of Immigration and Border Protection does not agree with Jack.Sparrow

Many thanks @phlojo,
this is my understanding also. That you can apply for your kids along with you even if they didn't meet the requirements, as long as they are PR.

Right ?!


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[Jack.Sparrow]

Thank you @Jack.Sparrow
But as I heard that you can apply for your kids with you (Who are less than 16 years old) even they didn't meet the requirements.

And this is what I understand from pholojo reply above.


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My reply was based on the scenario you mentioned which is that the person already got citizenship and had Australian passport. If you are going to apply for citizenship then as pholojo mentioned you can include kids below 16 years to the application.

 

[Bhajjaji]

My reply was based on the scenario you mentioned which is that the person already got citizenship and had Australian passport. If you are going to apply for citizenship then as pholojo mentioned you can include kids below 16 years to the application.

Sorry for my mess,
This means I can apply for them even if they just spent with mein Australia one month and not meet the citizenship requirements?

Thank you again my friend.


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[Bhajjaji]

Let me re-phrase it like this:

Suppose a PR holder, went to Australia and spent 3 years there, satisfied the citizenship conditions and he want now to apply for the citizenship:

- Do he can include his children (who are below 15 years old & are PR holders & never stayed in Australia, except for visa validation) in his citizenship application ?

- Do the children need to fulfill the same citizenship requirements (4 years residency , test ....etc. ) ?


Thanks in advance,

 

[kaju]

Let me re-phrase it like this:

Suppose a PR holder, went to Australia and spent 3 years there, satisfied the citizenship conditions and he want now to apply for the citizenship:

- Do he can include his children (who are below 15 years old & are PR holders & never stayed in Australia, except for visa validation) in his citizenship application ?

- Do the children need to fulfill the same citizenship requirements (4 years residency , test ....etc. ) ?


Thanks in advance,

Yes, you can add children that have PR and are under 18 - for children included in a parent's application for Citizenship, there is no residence requirement for them. People under 18 and over 60 are not required to take the Citizenship test.

I understand that children over 16 may have additional requirements (check with DIBP) and are normally required to attend a Citizenship ceremony and make a pledge of commitment to Australia.

You should be aware that the present proposals regarding changes to the residence requirement, test, etc, are just that - proposals. The Bill, when tabled in Parliament, may be changed or altered before becoming law, so you'll need to check what the final requirements actually are, possibly early next year.

 

[Bhajjaji]

Yes, you can add children that have PR and are under 18 - for children included in a parent's application for Citizenship, there is no residence requirement for them. People under 18 and over 60 are not required to take the Citizenship test.



I understand that children over 16 may have additional requirements (check with DIBP) and are normally required to attend a Citizenship ceremony and make a pledge of commitment to Australia.



You should be aware that the present proposals regarding changes to the residence requirement, test, etc, are just that - proposals. The Bill, when tabled in Parliament, may be changed or altered before becoming law, so you'll need to check what the final requirements actually are, possibly early next year.

Many many thanks @kaju, Really appreciate your feedback.

Do we have an official source for this information, i.e from DIBP...etc.


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[kaju]

Many many thanks @kaju, Really appreciate your feedback.

Do we have an official source for this information, i.e from DIBP...etc.


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https://www.border.gov.au/Trav/Citi/pathways-processes/Citizenship-test/need-sit-test
(see under "Test eligibility")

Migrant with permanent residence - eligibility (last paragraph)

 

[Bhajjaji]

Many many thanks @kaju, Really appreciate your feedback.

Do we have an official source for this information, i.e from DIBP...etc.


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Really appreciated.
Thank you


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[phlojo]

Let me re-phrase it like this:

Suppose a PR holder, went to Australia and spent 3 years there, satisfied the citizenship conditions and he want now to apply for the citizenship:

- Do he can include his children (who are below 15 years old & are PR holders & never stayed in Australia, except for visa validation) in his citizenship application ?

- Do the children need to fulfill the same citizenship requirements (4 years residency , test ....etc. ) ?


Thanks in advance,

1. Your children must have entered Australia once to confirm their PR status, as you pointed out.
2. After YOU have resided for 4 years in Australia, you can apply for AU citizenship and you can include your children.
3. Children 16 and under do NOT need to satisfy the 4 year residency requirement, so you can include them even though they have not actually lived in Australia for 4 years. The residence requirement does apply to anyone over 16. They also don't need to take the test or attend the ceremony.
4. These rules do change (they have as recently as April this year), so I STRONGLY encourage you to keep checking the immigration website. The rules are clearly spelled out there so it won't take long.

 

[Bhajjaji]

1. Your children must have entered Australia once to confirm their PR status, as you pointed out.

2. After YOU have resided for 4 years in Australia, you can apply for AU citizenship and you can include your children.

3. Children 16 and under do NOT need to satisfy the 4 year residency requirement, so you can include them even though they have not actually lived in Australia for 4 years. The residence requirement does apply to anyone over 16. They also don't need to take the test or attend the ceremony.

4. These rules do change (they have as recently as April this year), so I STRONGLY encourage you to keep checking the immigration website. The rules are clearly spelled out there so it won't take long.

Many thanks phlojo,
It's very clear now


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[AmitavaDeb]

Let me re-phrase it like this:

Suppose a PR holder, went to Australia and spent 3 years there, satisfied the citizenship conditions and he want now to apply for the citizenship:

- Do he can include his children (who are below 15 years old & are PR holders & never stayed in Australia, except for visa validation) in his citizenship application ?

- Do the children need to fulfill the same citizenship requirements (4 years residency , test ....etc. ) ?


Thanks in advance,

Your spouse still needs to satisfy eligibility guidelines for Australian citizenship as mentioned in earlier posts.

Your child/children below 15 years need not go through the Australian citizenship eligibility requirements. Once you obtain Australian citizenship your child/children can get citizenship.

Hope it helps. Thank you.

 

[Bhajjaji]

Your spouse still needs to satisfy eligibility guidelines for Australian citizenship as mentioned in earlier posts.



Your child/children below 15 years need not go through the Australian citizenship eligibility requirements. Once you obtain Australian citizenship your child/children can get citizenship.



Hope it helps. Thank you.

Many thanks AmitavaDeb


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