Australian Citizenship by Descent Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Australian Citizenship by Descent Services

Eligibility & Parentage Assessment

We assess your eligibility for citizenship by descent, focusing on your birth overseas and your parent’s Australian citizenship status at that time.

Application & Document Preparation

Our lawyers guide you in preparing your application, compiling crucial identity documents, evidence of parentage, and character clearances.

Addressing Complex Scenarios

We provide expert advice for complex cases, including when the Australian parent gained citizenship by descent/adoption, or for international surrogacy arrangements.

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We encourage a free 15-minute call to discuss your situation & map out a path to securing your Austrailan Citizenship by descent.

What Our Happy Clients Say

Hear directly from our successful learners.

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What is Australian Citizenship by Descent?

Australian citizenship by descent is for individuals born outside Australia on or after 26 January 1949, where at least one parent was an Australian citizen at the time of their birth. It recognises their inherent right to citizenship.

Unlike citizenship by conferral, it doesn’t typically require residency in Australia or a citizenship test for the applicant. However, proving parental citizenship and meeting character requirements (if 18+) are key. This pathway allows parents to register their overseas-born children as Australian citizens.

Complex Rules for Citizenship by Descent

While citizenship by descent seems straightforward if born overseas to an Australian citizen parent, specific rules can complicate eligibility. For instance, if your Australian parent also gained citizenship by descent (or adoption), they must have lawfully resided in Australia for at least two years before you can apply.

Additionally, applicants aged 18 or over must meet the “good character” requirement. Ensuring all criteria are met and correctly evidenced is vital, as applications with missing or incorrect details can face delays or refusal.

Why Choose Moya Migration Law for Your Citizenship by Descent Application?

Claiming Australian citizenship by descent is a significant step in recognizing your heritage. Moya Migration Law offers expert legal guidance to navigate the specific eligibility criteria, document requirements, and complex scenarios, ensuring a smooth application process.

Expertise in Citizenship by Descent Cases

Our lawyers have a deep understanding of descent eligibility, including parentage requirements and rules for parents who gained citizenship by descent.

Client-Focused & Personalised Guidance

We provide personalised support, clearly explaining each step and tailoring our advice to your unique family circumstances for your citizenship claim.

Meticulous Application & Document Preparation

We meticulously prepare your citizenship by descent application and supporting documents, ensuring accuracy to avoid potential delays or issues.

In-Depth Knowledge of Citizenship Law

Our thorough understanding of the Australian Citizenship Act and policies ensures your descent application is handled with expert legal skill.

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Our 5-Step Australian Citizenship by Descent Application Process

Claiming Australian citizenship by descent is an important recognition of your heritage. Moya Migration Law provides a clear, structured process, offering expert guidance and dedicated support from assessing your eligibility to receiving your citizenship certificate.

1

Initial Consultation & Eligibility Verification

We review your birth details and parent’s citizenship status at that time to confirm your eligibility for citizenship by descent.

2

Document Collection & Case Preparation

Our team assists in gathering all necessary documents, including your birth certificate, parent’s citizenship evidence, and identity proofs.

3

Application Drafting & Submission

We meticulously prepare your citizenship by descent application forms and detailed supporting statements, ensuring all criteria are addressed.

4

Application Lodgement & Department Liaison

We manage the online submission of your complete application and liaise with the Department of Home Affairs on your behalf.

5

Decision Notification & Citizenship Evidence

We notify you of the application outcome and guide you on obtaining evidence of your Australian citizenship once granted.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Citizenship by Descent Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally guides clients through the Australian citizenship by descent application process. With over two decades in migration law since 2002, Daniel offers expert strategic advice for these important heritage claims.

Daniel is committed to providing clear, plain-English assistance, ensuring all eligibility and documentation requirements are meticulously addressed for your citizenship by descent. He offers dedicated support to help you secure your Australian citizenship. Daniel also provides legal assistance in Spanish.

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Core Requirements for Citizenship by Descent

To be eligible for citizenship by descent, you must have been born outside Australia, and at least one parent must have been an Australian citizen at the exact time of your birth. This parent’s citizenship status is paramount.

Applicants aged 18 or over must also be of “good character.” For children under 16, a parent usually signs the application. It’s important to note that bridging visas are not granted for this type of citizenship application as it can be lodged from overseas.

Descent Claims: Surrogacy & Other Scenarios

Australian citizenship by descent can extend to children born overseas through international surrogacy arrangements, provided specific criteria are met, including full disclosure about the surrogate mother and the agreement.

Understanding how Australian law applies to your unique family situation, particularly when it involves non-traditional pathways to parentage or complex parental citizenship history, is crucial for a successful application. Expert advice can clarify these intricate requirements.

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Frequently Asked Questions About Australian Citizenship by Descent

What is Australian citizenship by descent?

Citizenship by descent is for individuals born outside Australia where at least one parent was an Australian citizen at the time of their birth. It allows them to be registered as an Australian citizen.

Who is eligible to apply for citizenship by descent?

You must have been born outside Australia on or after 26 January 1949, and one or both of your parents must have been an Australian citizen at the exact time of your birth. Applicants 18+ must also meet a good character test.

What if my Australian parent also gained citizenship by descent?

If your Australian citizen parent acquired their citizenship by descent (or adoption overseas), they generally must have spent at least 2 years lawfully in Australia before you can apply for citizenship by descent.

Do I need to be in Australia to apply for citizenship by descent?

No, you can apply for citizenship by descent whether you are inside or outside Australia. Unlike citizenship by conferral, you do not need to be in Australia when the decision is made.

Is there a citizenship test for citizenship by descent?

No, applicants for citizenship by descent are generally not required to sit the Australian citizenship test.

How long does it take to process a citizenship by descent application?

Standard processing times are typically around 4 to 7 months from the date of application to a decision, but this can vary due to Department backlogs or case complexity.

Do I need to attend a citizenship ceremony if granted citizenship by descent?

No, unlike citizenship by conferral, individuals granted citizenship by descent are not required to attend a citizenship ceremony. You become a citizen once your application is approved.

Why is legal assistance helpful for a citizenship by descent application?

Lawyers can help assess complex eligibility (especially parental citizenship status and residency rules for parents), ensure accurate document preparation to avoid errors, and manage the application, particularly in intricate cases like international surrogacy.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in Adelaide Notary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.