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mgriff777

Can I reapply for Australian citizenship by descent

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I recently was advised by The Australian consulate in New York to apply for a citizen by descent for my 14 year old daughter who is staying with me on an ETA. She was born in New York and this is her first visit to Australia. I was born in Sydney and have always been an Australian citizen, have a green card thru marriage but as we are divorcing I will lose that.I have also been trying to get her enrolled in school while she is here but I'm getting so much conflicting advice as to how to proceed.

The Citizen by descent was denied and I was told I filled out the wrong form she may already be a citizen and should apply for Evidence of Citizenship. I have not been able to complete the form as she was not born in Australia and I do not have any evidence that she is a citizen. I have called immigration and an immigration officer and they have advised me that I should continue to submit a paper application. 

I cannot understand why the citizenship by descent application was denied, although in retrospect I answered she was living in Australia at my address. After reading some information here it seems maybe I should have stated she lived in America. 

So my question is can I reapply for it, and, is it possible to apply for it while she is here on the ETA? Otherwise is there another avenue I can take so that she can stay and attend school and live with me.

 

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9 hours ago, mgriff777 said:

I recently was advised by The Australian consulate in New York to apply for a citizen by descent for my 14 year old daughter who is staying with me on an ETA. She was born in New York and this is her first visit to Australia. I was born in Sydney and have always been an Australian citizen, have a green card thru marriage but as we are divorcing I will lose that.I have also been trying to get her enrolled in school while she is here but I'm getting so much conflicting advice as to how to proceed.

The Citizen by descent was denied and I was told I filled out the wrong form she may already be a citizen and should apply for Evidence of Citizenship. I have not been able to complete the form as she was not born in Australia and I do not have any evidence that she is a citizen. I have called immigration and an immigration officer and they have advised me that I should continue to submit a paper application. 

I cannot understand why the citizenship by descent application was denied, although in retrospect I answered she was living in Australia at my address. After reading some information here it seems maybe I should have stated she lived in America. 

So my question is can I reapply for it, and, is it possible to apply for it while she is here on the ETA? Otherwise is there another avenue I can take so that she can stay and attend school and live with me.

 

In the refusal letter it should if been clear on the refusal reason. Having the address as being in Australia wouldn't be the reason. 

If they are saying she is already a citizen then she would of been born in Australia or applied for citizenship. A couple of silly questions just trying to sort what may of happened.

When filling in applicants details you did use your daughter's details? Question 5 you did answer with new York?

Realistically she can attend school now for 3 months, individual states and schools have their own rules surrounding it. Could apply again however as she isn't applying for a visa there is no bridging visa so will need to abide by the conditions of the visa.

 

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25 minutes ago, Aussie_83 said:

In the refusal letter it should if been clear on the refusal reason. Having the address as being in Australia wouldn't be the reason. 

If they are saying she is already a citizen then she would of been born in Australia or applied for citizenship. A couple of silly questions just trying to sort what may of happened.

When filling in applicants details you did use your daughter's details? Question 5 you did answer with new York?

Realistically she can attend school now for 3 months, individual states and schools have their own rules surrounding it. Could apply again however as she isn't applying for a visa there is no bridging visa so will need to abide by the conditions of the visa.

 

Thanks for your answer. Yes I used my daughters details as applicant, born in New York, United States, all her passport, citizenship, birth certificate the same.

Here is the reply I received about the application

Notification that your application for Australian citizenship by descent cannot be
considered
Your application cannot be considered because it does not meet the requirements of section
46 of the Australian Citizenship Act 2007. If you would like an application to be considered
you will need to lodge a new application.
The requirement(s) that have not been met are as follows:
Form
You did not use the correct application form for your circumstances.
Departmental records indicate that (my daughter) may already be an Australian
citizen.
If you require evidence of Australian citizenship, you should complete Form 119 - Application
for evidence of Australian citizenship.

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