AOS process running fine but about to lose Australian citizenship

[pacharya 6]

Hi guys,

While we couldn’t be happier that we have been together since last six months, we have run into a situation with my wife's Australian Citizenship. So I just wanted to share our story and see if anyone else has also run into this with Australia. To give a little background, my wife is currently an Australian resident and she had applied for the Australian Citizenship last year and had given the exam and passed in September. All she had left to do was to attend the ceremony but she had to travel to India for family emergency in October 2013. Then she came to states in December and we got married here. She hasn’t since returned to Australia but was planning to return as soon as she got her travel authorization from USCIS. We were communicating with Australian Citizenship and were trying to request that she is allowed to attend the ceremony in states since she still didn't have her travel authorization and unfortunately it back fired on us. The Australian Citizenship came back to us and said she has been out of country since October and she no longer has any close association with the country so they will cancel her citizenship approval. So then we responded back with some information that they had requested to prove the close association (i.e. immediate family residing in Australia, tax transcripts from last year and intended travel as soon as she has her approval from USCIS). And after all that they came back and said weighing all the information that was provided to them, they have decided to cancel the citizenship because it still doesn't prove that she will be coming to Australia anytime soon and will be residing there.

This ticked us off because it has only been 7 months and she has 12 months to attend the ceremony and to take an oath. How can they just decide on their own that she won’t be returning to Australia or will not reside in Australia in future. We are so disappointed and now wondering what should we do.

[JohnR! 5,495]

This ticked us off because it has only been 7 months and she has 12 months to attend the ceremony and to take an oath. How can they just decide on their own that she won’t be returning to Australia or will not reside in Australia in future. We are so disappointed and now wondering what should we do.

It appears they did not decide that on their own. It was she who made the decision for them, by leaving the country and taking up residence in the US. The very fact she is here waiting for her greencard is enough evidence she has no plans to reside in Australia anytime soon.

It may not seem fair but they are not off the mark on this one when you actually look at it from the outside.

[pacharya 6]

It appears they did not decide that on their own. It was she who made the decision for them, by leaving the country and taking up residence in the US. The very fact she is here waiting for her greencard is enough evidence she has no plans to reside in Australia anytime soon.

It may not seem fair but they are not off the mark on this one when you actually look at it from the outside.

So you are not allowed to have dual citizenship anymore ? I thought you can still have US and Australian citizenship.

[Harpa Timsah 13,258]

It sounds as if the OP's wife never actually got Australian Citizenship, but was waiting to take the oath to become one, but decided instead to leave the country and take up residence somewhere else. Then she wanted to become a citizen while no longer meeting the residency requirements to become one in Aus.

Presumably not the same as your situation, pacharya.

Edited April 23, 2014 by Harpa Timsah

[I AM NOT THAT GUY 5,715]

So you are not allowed to have dual citizenship anymore ? I thought you can still have US and Australian citizenship.

Yes, you can, but you have to meet the residency requirements prior to the naturalization ceremony. which it would appear she doesn't.

[JohnR! 5,495]

So you are not allowed to have dual citizenship anymore ? I thought you can still have US and Australian citizenship.

You can have dual citizenship - AU/US - but in her case she never became a AU citizen in the first place. I believe the AU system is similar to that of the US in which the entire naturalization process represents the vetting portion only, whereas one becomes a de facto citizen once one is sworn in. She was never sworn in a AU citizen, and in addition she relinquished her residency there by taking up residence in the US.

[Zedayn 485]

It appears they did not decide that on their own. It was she who made the decision for them, by leaving the country and taking up residence in the US. The very fact she is here waiting for her greencard is enough evidence she has no plans to reside in Australia anytime soon.

It may not seem fair but they are not off the mark on this one when you actually look at it from the outside.

Exactly this. When she decided to take up residency in the US, she at the same time decided to give up her residency in Australia.

[aussie_jason 195]

There isn't anything you can do, your wife never became an Australian citizen and no longer meets the requirements to become one. All she could do is abandon her green card application (or the green card itself if approved) and return to Australia to satisfy the residency requirements to obtain citizenship, which would likely be a considerable amount of time as the counter has probably reset for that by now.

You can't have your cake and eat it too.

[bryane1 7]

In my opinion if she has "permenant resident" stamped in her passport she is allowed back into Australia and can reside there....I myself am a permenant resident of Auststralia living in the US now and am allowed back into Australia

Edited April 23, 2014 by bryane1

[Kiwinyc 62]

Hi guys,

While we couldn’t be happier that we have been together since last six months, we have run into a situation with my wife's Australian Citizenship. So I just wanted to share our story and see if anyone else has also run into this with Australia. To give a little background, my wife is currently an Australian resident and she had applied for the Australian Citizenship last year and had given the exam and passed in September. All she had left to do was to attend the ceremony but she had to travel to India for family emergency in October 2013. Then she came to states in December and we got married here. She hasn’t since returned to Australia but was planning to return as soon as she got her travel authorization from USCIS. We were communicating with Australian Citizenship and were trying to request that she is allowed to attend the ceremony in states since she still didn't have her travel authorization and unfortunately it back fired on us. The Australian Citizenship came back to us and said she has been out of country since October and she no longer has any close association with the country so they will cancel her citizenship approval. So then we responded back with some information that they had requested to prove the close association (i.e. immediate family residing in Australia, tax transcripts from last year and intended travel as soon as she has her approval from USCIS). And after all that they came back and said weighing all the information that was provided to them, they have decided to cancel the citizenship because it still doesn't prove that she will be coming to Australia anytime soon and will be residing there.

This ticked us off because it has only been 7 months and she has 12 months to attend the ceremony and to take an oath. How can they just decide on their own that she won’t be returning to Australia or will not reside in Australia in future. We are so disappointed and now wondering what should we do.

As unfair as it seems I think that full disclosure has indeed backfired on you and there's nothing you can do about it now. Your wife should have attended a Citizenship ceremony in Australia before she left or waited until she got AP and returned to Australia to attend a Ceremony and they would have been none the wiser.

If she was a Permanent Resident she can maintain this status and apply for a Resident Return Visa when her PR visa expires so that her right to move back and live there is continued in 5 year blocks.

[Sean86 31]

Being an Australian myself, I agree with the decision taking up a country's Citizenship means a commitment towards a country and if you wife sole purpose was get australian citizenship not provide any commitment to Australia then they made the right decision.

Plus your wife applying for a green card clearly proves she doesn't intend to live in Australia.

[Kiwinyc 62]

Being an Australian myself, I agree with the decision taking up a country's Citizenship means a commitment towards a country and if you wife sole purpose was get australian citizenship not provide any commitment to Australia then they made the right decision.

Plus your wife applying for a green card clearly proves she doesn't intend to live in Australia.

I'm a naturalised Australian citizen myself and I became one shortly before I left the country and moved to the UK... If someone meets the eligibility requirements then they have every right to claim citizenship. The issue here is that OP's wife never completed the process before leaving and that's really what she should have done. I may return to live in Australia one day and with citizenship (from my original commitment to the country) I and my children have the right to do this.

I've done the same thing with UK citizenship. I met the eligibility requirements and received citizenship just before I moved to the US. It gives me the right to return and live in the same country my children are able to (having been born there to a UK father). Either way, eligibility for citizenship is based on past commitment, rather than potential future residence.

[aussie_jason 195]

Applying for residency in another country BEFORE becoming a citizen of another country is the issue here and that being the case the OP's wife should be refused Australian citizenship and I'd be disappointed in my home country if they didn't deny her.

[darin&josh 18]

There would have been options to attend an urgent ceremony before your wife left for India, but unfortunately that is no longer available. Even if your wife returned to Australia, and her application was kept open, she would still need to wait for an invitation to attend a citizenship ceremony, which can take up to six months. An extended absence from the US could put her AOS at risk of being deemed abandoned.

At this point your wife needs to weigh up the value of obtaining Australian citizenship versus maintaining Australian permanent residency. Is citizenship necessary at this point, given that she presumably will be starting a new life with you in the US?

[Neela & Jitu 79]

You should have call them up and reschedule your wife's citizenship ceremony & not telling them that she is here. But since you already did, they have it in their record. I heard it takes months to a year to get a reschduled ceremony date for Canada. May be it might happen in Australia too. By the time they give you a new ceremony date to attened your wife might get her green card for US. After that she could easily go to Australia & attened the ceremony. But alas! You messed up. I would suggest try to reschdule the ceremony date ( Only if they allow her)

But I agree with other members she should not be given Australian citizenship.

Edited April 24, 2014 by Neela & Jitu