Australian nationality law

Australian citizenship was created on 26 January 1949 by the Nationality and Citizenship Act 1948 (later renamed the Australian Citizenship Act 1948). Prior to this date Australians were British subjects and Australia shared a common nationality code with the United Kingdom and the other Commonwealth countries at the time.
==Rights and Responsibilities of Australian Citizens==
Australian citizens enjoy the following rights (subject to certain exceptions):
* entitlement to an Australian passport and to Australian consular protection overseas
* immunity from deportation
* entitlement to vote and stand for public office 
* entitlement to leave Australia and return at any time without requiring a resident return visa
* entitlement to register overseas born children as Australian citizens by descent
The following responsibilities are expected of Australian citizens:
* obey the law
* enrol to vote, and vote at all elections
* serve on a jury, if called upon
* defend Australia, should the need arise
==Acquisition of Australian Citizenship - 26 January 1949==
Australian citizenship was acquired on this date by British subjects falling into the following categories:
* those born or naturalised in Australia or New Guinea
* those born overseas to an Australian father provided they were in Australia or New Guinea on 26 January 1949
* those ordinarily resident in Australia for the 5 years preceding 26 January 1949
==Acquisition of Australian Citizenship - Birth in Australia==
Between 26 January 1949 and 19 August 1986 any person born in Australia acquired Australian citizenship by birth automatically. The only exceptions concerned children born to diplomats.
From 20 August 1986 a person born in Australia only acquired Australian citizenship by birth if at least one parent was an Australian citizen or permanent resident.
A child born in Australia (and who is not otherwise an Australian citizen) who lives in Australia until age 10 automatically acquires Australian citizenship on his or her 10th birthday. This occurs automatically by operation of law, and applies irrespective of the immigration status of the child or its parents.
==Registration and Naturalisation as an Australian Citizen==
Between 26 January 1949 and 30 November 1973, British subjects were able to apply for registration as an Australian citizen after one year's residence in Australia as an immigrant. There was no requirement to attend a citizenship ceremony.
Non British subjects were required to apply for naturalisation which had stricter requirements.
From 1 December 1973 the preferential treatment for British subjects was ended by the Australian Citizenship Act 1973. After that date, all migrants had to meet the same criteria for naturalisation as an Australian citizen (grant of citizenship). A common residence requirement of 3 years was set. This was reduced to 2 years on 22 November 1984.
==Australian Citizenship by Descent==
Persons born overseas to an Australian citizen parent have been able to acquire Australian citizenship in the following ways:
* British subjects born outside Australia before 26 January 1949 with an Australian father became Australian citizens automatically upon entering Australia with a permanent visa (up to 30 April 1987)
* Those born between 26 January 1949 and 15 January 1974 may be registered as Australian citizens by descent provided their Australian parent retained Australian citizenship up to the point of the application (or was an Australian citizen at death)
* Any person aged under 25 may be registered as an Australian citizen by descent provided they had an Australian parent at the time of birth; and
** if the Australian parent is also an Australian citizen by descent, that parent had lived legally in Australia for a total of 2 years; and
** if aged 18 or over, the person is of good character
Australian citizenship by descent is never conferred at birth. While it will be granted upon application if the requirements are met, no child born outside Australia to an Australian parent acquires citizenship until this step is taken.
==Loss of Australian Citizenship==
Between 26 January 1949 and 3 April 2002, an adult Australian generally lost Australian citizenship automatically upon acquisition of another citizenship.
* the age of majority in this respect was 21 until 30 November 1973, and 18 thereafter
* before 22 November 1984, Australian citizenship was not lost if the acquistion of another citizenship took place while the person was inside Australia
* from 22 November 1984, the incidental acquisition of another citizenship as the result of another activity (such as an application for a foreign passport, or foreign residence) did not cause loss of Australian citizenship
* loss of Australian citizenship still occurred even if no oath of allegiance was taken to the other country
* loss of Australian citizenship occurred even if the Queen was also Head of State of the other country (for example, Canada, New Zealand or the United Kingdom).
* it was irrelevant whether the acquisition of another citizenship was reported to the Australian authorities.
The legislation which stripped adult Australians of citizenship upon naturalisation in another country (s17 of the Australian Citizenship Act) was repealed with effect from 4 April 2002. Although it was not retrospective, former Australian citizens may be able to apply for resumption of Australian citizenship.
Children did not lose Australian citizenship by virtue of their own actions, but could lose Australian citizenship if a parent lost Australian citizenship:
* if the child did not have any other citizenship, it did not lose Australian citizenship;
* before 22 November 1984 there was only one 'parent' for citizenship purposes, usually the father. Loss of Australian citizenship by the other parent did not affect the child's status
* from 22 November 1984 loss of Australian citizenship by either parent could affect the child's citizenship. However a child would not lose Australian citizenship in this circumstance if one parent remained an Australian citizen (or was an Australian citizen at death).
==Resumption of Australian Citizenship==
Former Australian citizens may be able to resume Australian citizenship if they fulfil certain criteria. Those who lost Australian citizenship upon naturalisation in another country may be able to resume citizenship if the person:
* has lived in Australia legally for a total of 2 years; and
* is either living in Australia and plans to remain, or intends to return within 3 years; and
* has maintained a 'close and continuing' association with Australia; and
* did not know they would lose Australian citizenship by acquiring another; or
* would have suffered 'significant hardship or detriment' by not acquiring the other country's citizenship
Former Australian citizens who renounced Australian citizenship to retain another country's citizenship may apply for resumption of Australian citizenship if aged under 25 and meeting similar criteria to the above.
Those who lost Australian citizenship as children may resume Australian citizenship by declaration lodged before age 19, or later if the Minister accepts 'special circumstances'.
==Dual Citizenship==
With effect from 4 April 2002, there are no restrictions (under Australian law) on Australians holding the citizenship of another country.
Prior to 4 April 2002, it was still possible for Australians in some circumstances to hold dual citizenship, including:
* those born in Australia who automatically acquired another citizenship at birth;
* migrants naturalising in Australia, provided their former country did not revoke their citizenship;
* children born overseas to Australian parents who automatically acquired the citizenship of their country of birth (eg the U.S. or Canada) as well as Australian citizenship by descent
Holding a foreign passport did not in itself cause loss of Australian citizenship.
==New Zealand Citizens==
New Zealanders were included in the definition of British subject in the 1948 Act and hence many New Zealanders acquired Australian citizenship in 1949 when this was introduced. There was no bar on New Zealanders automatically acquiring Australian citizenship as well as New Zealand citizenship under the equivalent New Zealand legislation.
The facilities to become an Australian citizen by registration or naturalisation have been open to New Zealanders in Australia since 1949. However, some New Zealand citizens arriving since February 2001 are required to apply for and obtain Australian permanent resident status before becoming eligible for Australian citizenship.
Children born to New Zealanders in Australia have generally been Australian citizens by birth. The exceptions are:
* those born between 20 August 1986 and 31 August 1994. This is due to a technicality in the 1986 legislation which limited the acquisition of Australian citizenship to children of Australian citizens and permanent residents, which was not corrected until 1994.
* those born on or after 27 February 2001 where neither parent is an 'eligible New Zealand citizen'
Those children born to New Zealand parents in Australia who are not Australian citizens by birth automatically acquire Australian citizenship on their tenth birthday if ordinarily resident in Australia until age 10.
==Papua New Guinea==
Prior to 1975, what is now Papua New Guinea was divided into two legal entities under common Australian administration. The Territory of Papua was an external territory of Australia itself, while the Territory of New Guinea was never an Australian territory in a legal sense, but rather a Trust Territory under Australian administration.
As a result those born or naturalised in Papua acquired Australian citizenship on the same basis as any other part of Australia. However, those born in Papua of indigenous descent were not automatically entitled to reside in the rest of Australia, despite holding Australian citizenship.
Persons connected with New Guinea were Australian protected persons rather than Australian citizens.
Papua New Guinea became independent on 16 September 1975. Australian citizens connected with the Territory of Papua lost Australian citizenship on that date if they became citizens of Papua New Guinea (PNG). PNG citizenship was generally conferred only on those born in PNG who had at least two grandparents of indigenous descent, and:
* in the case of Papua, had not acquired a right of permanent residence in mainland Australia or the citizenship of any other country;
* in the case of New Guinea, had not acquired Australian or any other citizenship.
Persons of non-indigenous descent who acquired Australian citizenship by connection with PNG before independence generally still retain it.
==Proposed Amendments==
On 7 July 2004, the then Minister for Citizenship and Multicultural Affairs, Gary Hardgrave, announced a series of proposed amendments to the Australian citizenship Act 1948. These included:
* removing the restrictive criteria on resumption of Australian citizenship and Australian citizenship by descent; and
* streamlining the criteria for temporary residence in Australia to be allowed as a credit against the 2 year residence requirement for grant of Australian citizenship.
==Definitions==
Australia means Australia together with its Territories
* Norfolk Island is included, despite having its own immigration laws
* Christmas Island is included from 1 December 1958 and the Cocos (Keeling) Islands from 23 November 1955. These are former United Kingdom territories transferred to Australia.
* Papua ceased to be an Australian territory on 16 September 1975.
British subject means a person connected with a Commonwealth country (not just the United Kingdom). The phrase was used in Australian law until 30 April 1987.