Basic Guide on Renouncing Australian Citizenship

Although many want to be Australian citizens, others want to give it up. Renouncing your citizenship has consequences, you know. 

When you’re a citizen of a country, you get to enjoy certain privileges that others do not. Once you relinquish your citizenship, your state rights and advantages are instantly revoked.  

Thus, before you abandon your Australian civic status, consider what you’re giving up and how it could impact your future plans.

What Happens if You Give Up Australian Citizenship?

You no longer belong to the Australian government; you stop being their citizen once the Minister of Immigration approves your renunciation.

Let’s take a thorough look at the different implications of renouncing your Australian citizenship.

Rights and Privileges Lost

Lose your Australian citizenship, and you lose all your rights and privileges handed in a silver platter by the country. You won’t get to own an Australian passport, step onto Australian soil freely, or vote during elections.

Other than that, your access to government services and social security benefits such as Medicare and government-funded loans will be denied too. This makes sense because you’ve officially graduated from your Australian citizen status.

Visa Implications

The Australian government will replace your citizenship with a special ex-citizen visa. This is a temporary visa, permitting you to stay in the country legally. 

But, there’s a catch. It won’t be handed to you right away; you need to apply for a permanent visa first to extend your stay in Australia.

If you’re no longer in Australia at the time your renunciation is approved, you have to secure a valid visa to be in the country.

Since you’re not a citizen anymore, you’ll be under the scrutiny of several visa conditions such as work restrictions and healthcare costs.

Family and Social Impacts

Losing your citizenship will make you feel disconnected from your loved ones who are residing in Australia. Unlike them, you can’t really call the great Southern Land your home as a non-citizen.

It will also affect the nationality and rights of your minor children, if you have one. And that could have major ramifications on their healthcare and education access.

In addition, you would lose the ability to sponsor family members for visas to Australia or petition for Australian citizenship for them in the future.

Eligibility for Renouncing Australian Citizenship

To be eligible to renounce Australian citizenship, you must meet all of these requirements:

• Age

Be 18 years or older. Minors under 18 are not allowed to renounce citizenship. Their responsible parent or guardian would need to renounce it for them.

• Nationality

You must already be a national citizen of another country at the time you apply to renounce your Australian citizenship.

• Residency

You must be born and a resident in another country. That foreign country must also not allow you to hold citizenship while you remain an Australian citizen.

As part of the application, you’ll also need to complete the application form 128. Be certain that you provide all the necessary supporting identity and citizenship documents, as well as pay the application fee, which is currently set at AUD $290.

Refusing an Australian Citizenship Renunciation Application

The Minister for Immigration holds the discretion to refuse your application to renounce Australian citizenship in certain situations, such as:

War Involving Australia

If you are a citizen of a foreign country and apply during a time when that country is engaged in conflict with Australia, your application can be rejected.

In Conflict with the Nation’s Interest

If the minister finds that the renunciation of your citizenship could affect the interests of Australia.

If your citizenship renunciation is rejected, you can make an appeal to the Administrative Appeals Tribunal to sway the decision. 

You have the option to re-apply for a future date or withdraw the application entirely when your circumstances no longer apply to the refusal reasons.

How to Apply for Australian Citizenship Renunciation

First of all, you have to submit an application to the Australian government following the legal process.

Speaking of the official process, there are various steps to renounce your Australian citizenship.

Check Your Eligibility

Are you eligible for citizenship renunciation? Check if you meet all the requirements, from your age to your current status.

If you pass them all, gather the documents to prove your qualification, such as birth certificates, passport copies and proof of foreign citizenship.

Prepare Documentation

Once you’ve determined you meet the eligibility criteria, it’s time to prepare Form 128 to officially apply.

Make sure that all the personal details in the form are accurately filled in. Don’t ever leave any questions unanswered because that can result in major delays.

Apart from that, you need to collect and organise your identity documents to validate your citizenship in another foreign country, like passports.

Apply by Paper

The completed Form 128 and supporting documents must be mailed in paper form to the Australian government office that handles citizenship renunciation applications. This is currently the Perth office of the Department of Home Affairs. 

Don’t forget to include the application fee payment of $290 AUD. Remember, sending complete documents and following instructions properly reduces the risk of rejections.

Send Original Documents Upon Request

During the application assessment, you may be asked to provide original copies of your documents if the photocopies submitted are not clear enough. When that happens, respond quickly to additional requests to prevent delays.

Await Application Decision

After submission, wait for the evaluation and official decision of the Minister of Immigration.

Take note that the processing times are different, depending on the application case. Once approved, your Australian citizenship will end at the same time the decision has been made.

In certain circumstances, your application can be refused. In that case, you can appeal for your case via the AAT.

Receive Approval/Denial

There are only two ways your citizenship renunciation application can go: approved or denied.

If approved, you’ll get a written confirmation declaring your legal withdrawal from being a citizen of Australia. It will take effect on the same day the decision has been made.

If it’s denied, you will receive a notification instead, outlining the reasons for rejection. It will also state your option to reapply and file an appeal.

Getting Professional Help From a Citizenship Lawyer

Don’t surrender your Australian citizenship just yet; contact an experienced Australian citizenship lawyer and ask for their expert advice.

Here are some smart councils that they can offer you:

• Assess your eligibility as rendered by the Australian citizenship Act of 2007.
• Fill you in with the implications on your rights and entitlements in Australia.
• Keep you from making costly errors while accomplishing your application.
• Make certain that you have strong supporting documents to establish your qualification.
• Appeal on your behalf by the Minister, if your application gets refused.

At Parish Patience Immigration Lawyers, we have a competent team of experts who know the ins and outs of visas and nationality laws.

We offer trusted and personalised guidance for your specific situation, from start to finish. So, don’t hesitate to contact us for any queries on renouncing Australian citizenship.

Conclusion

Renouncing Australian citizenship is a major decision that should not be undertaken lightly without understanding the impacts. Meet all the criteria first before you apply.

The Minister can always reject your application if you fail to satisfy the requirements. So, we suggest asking for professional advice from an experienced citizenship lawyer. 

Parish Patience can guide you through the right path and increase your chances of application approval. 

Book a consultation today, and let’s talk.