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

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