australian wrote:First off thanks alot for the response.
To answer your questions yes I was born after the 86 and my mother was a permanent resident at the time of my birth but how does sh prove that she was? She had lived in australia for 22 years until the date iwas born. If I was born in Australia would that automatically make me a citizen or does my mother have t be one aswell.
Being born in Australia on or after 20 August 1986 does not
in itself automatically make you a citizen. But it does if one parent is an Australian citizen
or permanent resident.
She is almost certainly a permanent resident because when she arrived in 1964 or so, British people generally became permanent residents on arrival. Her original immigration documents or records with DIMA should prove her status. Does she have these? There should be a stamp in her own mother's passport, for example.
Has she ever thought about applying for Australian citizenship herself?
As for you, you need to obtain a citizenship certificate proving your Australian citizenship. This is especially important as your parent is not Australian. Use form 119 and pay a fee of A$55:
http://www.immi.gov.au/allforms/pdf/119.pdf
Even in the unlikely event your mother was not a permanent resident when you were born, if you lived in Australia until age 10 you automatically became Australian then. So one way or another you appear to be Australian now.
Once you have your citizenship certificate, you can apply for an Australian passport.
All this taken into consideration does the fact Im over 18(19) effect my applications?
Makes no difference. Remember you are not applying for Australian citizenship - you're just appying for proof that you are already an Australian citizen.
And Does my mother have to get things sorted before I do or because im over the age of 18 Im independant of her now.
It can be done independently. However in order to prove you became Australian at birth, they will need to look at her immigration status when you were born. Otherwise you need to show you lived in Australia until age 10.
If i have an english passport and citizinship before i get my australian will this stuff up my australian application.
No such thing as an "English" passport. It's a
British passport.
Makes no difference in theory, but from a documentation point of view, you should sort out your Australian citizenship cert & passport before applying for a British passport. Simply because the British High Commission will normally want to see proof of your identity in a local format.
Sorry last question aswell. Do i have to get a proof of citizinship before applying for a british passport or can I prove that when i apply(if this answer is on the form ill look at it now )
Suggested course of action for you:
1. Apply for citizenship cert using form 119
2. Apply for Australian passport
3. Apply for British passport. You don't need any proof of British citizenship other than your Australian birth cert plus your mother's birth cert.
And for your mother:
1. Obtain a new British passport for herself;
2. Consider getting a Resident Return Visa stamped in that passport (in case she needs to travel in a hurry before getting her Aus citizenship). If she was granted an old-style re-entry permit before 1986 she can keep that instead and have it endorsed in her passport;
3. Assuming she has a clean police record etc she should
strongly consider applying for Australian citizenship:
http://www.citizenship.gov.au or pick up a citizenship application kit at any DIMA office.
4. Once she is an Australian citizen she can apply for an Australian passport.
She will
not lose her British citizenship by becoming an Australian citizen.
