
Living between two countries can have a number of effects on personal and family bonds, but it can also raise complex legal questions.
What changes when you have Australian citizenship as well as another country’s citizenship?
For Perth residents, the answer can have an impact on travel, passports, legal responsibilities and long-term estate planning. Australia permits dual citizenship, although the other country’s law may differ.
This blog explores the key differences between dual citizenship vs citizenship, as well as the practical considerations you should understand when managing your position in Australia.
Yes, because while Australian citizenship is a legal citizenship, dual citizenship refers to holding two different nations’ citizenship. Australian citizens can be able to hold either only Australian citizenship alone or both their home country citizenship and another nation’s citizenship.
Below are some highlights of dual citizenship:
It is a legal citizenship to live, work and study in Australia.
You have Australian citizenship and also another nation’s citizenship.
Your second nation may not allow dual citizenship.
Dual citizens have to obey Australian laws while living in the nation.
There are various ways in which a person can attain permanent residency vs Australia citizenship, based on their circumstances. This includes people who got their citizenship by being born in Australia, descent, conferral and other special provisions. Many Australian permanent residents get their citizenship through the conferral pathway.
The general residence requirement includes living in Australia on a valid visa for four years before applying. It also generally requires permanent residence for the preceding 12 months.
Citizenship involves four principal duties that are defined in the Australian Citizenship Act and the citizenship pledge. These are based on the dual nature of the citizens’ relationship with the country. The following four duties are the official requirements that need to be fulfilled after receiving citizenship status:
Dual citizenship affects international travel from Australia through the selection of passports used, entry rules of the destination country and consular help while travelling abroad. In Australia, any citizen, including those who have dual nationality, can only travel in and out of the country through their Australian passport.
It is possible and even recommended to have both passports. The usual way is to show the Australian passport while going out of and back to Australia and to use your different nation’s passport while entering to that nation if their law requires such action.
Estate planning and citizenship are two distinct issues. However, where there is dual citizenship, the need for estate planning becomes even greater. This is because you could own real property, other assets, bank accounts, and investments in another jurisdiction.
An individual’s Will is valid for distributing their Australian estate. Also, the Western Australian Public Trustee indicates that passing away without a Will makes administration difficult and results in unintended outcomes.
You should consider getting a Will if:
In some cases, dual citizenship means having responsibilities within two jurisdictions. Your situation might also vary depending on how you obtain citizenship by descent, marriage, birth or any other process of applying for Australian Citizenship.
Some of the things that you should consider before taking a decision on citizenship are:
Australian Citizenship represents a definitive legal link to the nation, but Dual Citizenship might involve the individual owing allegiance to two nations. This aspect might be important with regard to travelling, passports, foreign property, and family connections.
Taking this into account will help your family in the years to come. For tailored advice on your citizenship circumstances, Australian Migration Lawyers Perth can help you identify the relevant requirements and considerations.
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