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Loss or Renunciation of Citizenship

Conditions under which Australian citizenship can be renounced or revoked.

Sections

1. Overview of Loss or Renunciation of Australian Citizenship

Australian citizenship can be lost in two main ways:

  1. Renunciation: Voluntarily giving up Australian citizenship.
  2. Automatic Loss: In rare cases, citizenship may be revoked or lost under specific legal circumstances.

The process is governed by the Australian Citizenship Act 2007, which outlines the conditions under which citizenship can be renounced or revoked.

2. Renunciation of Australian Citizenship

Renunciation is a voluntary process where an individual formally gives up their Australian citizenship. This is typically done when:

  • A person wishes to acquire or retain citizenship of another country that does not allow dual citizenship.
  • The individual no longer wishes to be an Australian citizen for personal or legal reasons.

Eligibility for Renunciation

To renounce Australian citizenship, you must:

  • Be aged 18 years or older (minors cannot renounce citizenship unless special circumstances apply).
  • Be a citizen of another country or have the assurance that you will acquire citizenship of another country after renunciation. (Australia does not allow statelessness.)
  • Not be in a situation where renunciation would be contrary to Australia's national interest.

Application Process

  1. Complete Form 128: The application for renunciation of Australian citizenship is made using Form 128 - Application to Renounce Australian Citizenship.
    • The form is available on the Department of Home Affairs website.
  2. Provide Supporting Documents:
    • Proof of Australian citizenship (e.g., Australian citizenship certificate or Australian birth certificate).
    • Proof of citizenship of another country (e.g., passport or citizenship certificate).
    • Identity documents (e.g., driver’s license, national ID card).
  3. Submit the Application:
    • Applications can be submitted online via the ImmiAccount portal or by post to the Department of Home Affairs.
  4. Pay the Fee:
    • The application fee for renunciation is AUD 265 (as of October 2023). Fees are subject to change, so check the Department of Home Affairs website for the latest updates.
  5. Await Decision:
    • The Department of Home Affairs will assess the application and notify you of the outcome. Processing times vary but typically take several months.

Important Considerations

  • Once renunciation is approved, you will no longer be an Australian citizen and will lose all associated rights, such as holding an Australian passport or voting in Australian elections.
  • If you wish to regain Australian citizenship in the future, you will need to apply for citizenship again and meet the eligibility criteria.

3. Automatic Loss of Australian Citizenship

In some cases, Australian citizenship may be lost automatically or revoked by the government. These situations are rare and are outlined in the Australian Citizenship Act 2007.

Circumstances for Automatic Loss

  1. Dual Citizenship and Service in a Foreign Military:
    • If an Australian citizen holds dual citizenship and serves in the armed forces of a country at war with Australia, they may lose their Australian citizenship automatically.
  2. Revocation Due to Fraud or Misrepresentation:
    • If citizenship was obtained through fraud, false representation, or concealment of material facts, the government may revoke it.
  3. Revocation for National Security Reasons:
    • The Australian government has the power to revoke citizenship of dual nationals if they are involved in terrorism-related activities or pose a serious threat to national security.

Process for Revocation

  • The Department of Home Affairs will notify the individual of the intention to revoke citizenship and provide an opportunity to respond.
  • Revocation decisions can be reviewed by the Administrative Appeals Tribunal (AAT) or challenged in court.

4. Key Considerations for Renunciation or Loss

Dual Citizenship

  • Australia allows dual citizenship, so renunciation is not required unless the other country involved does not permit dual citizenship.
  • Before renouncing Australian citizenship, confirm the laws of the other country to ensure you will not become stateless.

Impact on Family Members

  • Renunciation or loss of citizenship does not automatically affect the citizenship status of family members, such as children. However, it may have implications for their residency or citizenship applications in the future.

Travel and Residency

  • If you renounce Australian citizenship and wish to return to Australia, you will need to apply for a visa, such as a Resident Return Visa (RRV), to re-enter the country.

Tax and Legal Obligations

  • Renouncing Australian citizenship does not absolve you of any outstanding tax or legal obligations in Australia. Ensure all financial and legal matters are resolved before renunciation.

5. Reacquiring Australian Citizenship

If you renounce your Australian citizenship and later wish to regain it, you may apply for citizenship again under the Australian Citizenship Act 2007. This process involves:

  • Meeting the eligibility criteria for citizenship by conferral.
  • Demonstrating a close and continuing connection to Australia.

6. Costs and Processing Times

  • Renunciation Fee: AUD 265 (as of October 2023).
  • Processing Time: Varies depending on the complexity of the case and the volume of applications. It can take several months.

7. Additional Resources

  • Department of Home Affairs: The official government website provides detailed information and application forms. Visit: www.homeaffairs.gov.au
  • ImmiAccount: The online portal for submitting applications and tracking progress.
  • Legal Advice: If you are unsure about the implications of renouncing or losing citizenship, consult an immigration lawyer or registered migration agent.

8. Summary Checklist

Before proceeding with renunciation or addressing loss of citizenship, ensure you:

  1. Understand the implications of losing Australian citizenship.
  2. Confirm your eligibility and gather all required documents.
  3. Check the laws of the other country regarding dual citizenship.
  4. Resolve any outstanding legal or financial obligations in Australia.
  5. Submit the application and pay the required fee.
  6. Await the decision and plan for any future travel or residency needs.

If you have further questions or need clarification on any aspect of the process, feel free to ask!