Adm Posted November 10, 2018 Share Posted November 10, 2018 Hi, Sorry if this has already been posted. I've had a look but couldn't find anything. I'm asking on behalf of my Great Uncle. He is a £10 pom that was in Australia through the migrated passage scheme in 1964. He says they were granted residency and it was never rescinded and he and his wife lived there til 1972 when they had to return due to her mother being ill. He is hoping to apply and qualify through "heredity entitlement" on the basis that his Grandfather was a first born Australian and that his mother (his Grandfather's daughter) was also entitled to be recognised as an Australian citizen because she was the daughter of an Australian. His mother lived the final 38 years of his life exclusively in Australia through til death in 2002. His father was also an approved British migrant resident living in Aust from 1964 til death around 1990. We think there is an application procedure somewhere that refers to a requirement for second generation (my Great Uncle's Mother) applicants to be able to prove they lived their final years in Australia but have no idea where to look and searching for this online doesn't seem to bring up any results. My Great Uncle - I believe - was born in the UK. His sister was also born in the UK but has been a resident and citizen of Australia for most of her life I think. Any help you could give to point us in the right direction would be really appreciated Thanks Quote Link to comment Share on other sites More sharing options...
paulhand Posted November 11, 2018 Share Posted November 11, 2018 9 hours ago, Adm said: Hi, Sorry if this has already been posted. I've had a look but couldn't find anything. I'm asking on behalf of my Great Uncle. He is a £10 pom that was in Australia through the migrated passage scheme in 1964. He says they were granted residency and it was never rescinded and he and his wife lived there til 1972 when they had to return due to her mother being ill. He is hoping to apply and qualify through "heredity entitlement" on the basis that his Grandfather was a first born Australian and that his mother (his Grandfather's daughter) was also entitled to be recognised as an Australian citizen because she was the daughter of an Australian. His mother lived the final 38 years of his life exclusively in Australia through til death in 2002. His father was also an approved British migrant resident living in Aust from 1964 til death around 1990. We think there is an application procedure somewhere that refers to a requirement for second generation (my Great Uncle's Mother) applicants to be able to prove they lived their final years in Australia but have no idea where to look and searching for this online doesn't seem to bring up any results. My Great Uncle - I believe - was born in the UK. His sister was also born in the UK but has been a resident and citizen of Australia for most of her life I think. Any help you could give to point us in the right direction would be really appreciated Thanks This is not a simple question, your uncle should speak with a Registered Migration Agent with all the facts. 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted November 11, 2018 Share Posted November 11, 2018 Where did he hear about this "heredity entitlement" thing? I can't find any reference to it anywhere. He can claim "citizenship by descent" if one of his parents was an Australian citizen at the time of his birth. If they became citizens after he was born, that doesn't count. You say he held a PR visa until 1972. His permanent residency is still valid, it's just his right to enter Australia that has expired. Normally he would apply for a Resident's Return Visa (RRV) to be allowed back into the country, but whether he would be considered after such a long period away, I have no idea. He would have to demonstrate very strong ties to Australia. His only hope, I think, would be to engage a migration agent as I doubt he has a strong case for any kind of visa, and will need all an agent's expertise if he is to be successful. 1 Quote Link to comment Share on other sites More sharing options...
wrussell Posted November 11, 2018 Share Posted November 11, 2018 Between 26 January 1944 and 26 January 1949, a British subject resident in Australia, automatically became an Australian citizen. Otherwise, before and after this time, an application for citizenship has been required in order to obtain Australian citizenship. 1 Quote Link to comment Share on other sites More sharing options...
Adm Posted November 12, 2018 Author Share Posted November 12, 2018 On 11/11/2018 at 07:45, Marisawright said: Where did he hear about this "heredity entitlement" thing? I can't find any reference to it anywhere. He can claim "citizenship by descent" if one of his parents was an Australian citizen at the time of his birth. If they became citizens after he was born, that doesn't count. You say he held a PR visa until 1972. His permanent residency is still valid, it's just his right to enter Australia that has expired. Normally he would apply for a Resident's Return Visa (RRV) to be allowed back into the country, but whether he would be considered after such a long period away, I have no idea. He would have to demonstrate very strong ties to Australia. His only hope, I think, would be to engage a migration agent as I doubt he has a strong case for any kind of visa, and will need all an agent's expertise if he is to be successful. I've got no idea. He'd written it with " " around it so it might be just his terminology. I'll check out the RRV - thanks super much. I also think he should engage a migration expert (like @paulhandalso suggested Quote Link to comment Share on other sites More sharing options...
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