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	document.write('<tr>	<td valign=top class=bodytext width=370><h1>Overseas Marriage, Children and Dual Citizenship</h1>	<h1><i>Update for September, 2010</i></h1>	<br><h4>Introduction</h4><p>Dual citizenship occurs where two or more countries deem an individual to be a citizen of that country. While most people are aware that they are a citizen of a particular country (e.g. they were born there or became naturalised)&#44; it is possible to be a dual citizen without realising it. This issue is of particular interest for people who have parents who immigrated to Australia&#44; or were born to (or adopted by) a couple that had different national backgrounds.</p><p>This article considers some of the implications of marriage by a couple from different countries and how their child may be able to choose to exercise certain benefits of dual citizenship. To simplify the discussion&#44; it will be assumed that one of these parents is an Australian citizen.</p><h4>Overseas Marriage and Children</h4><p>Australians are free (under Australian law) to marry in any country that they choose. While not required under Australian law&#44; some countries will require the Department of Foreign Affairs and Trade (DFAT) to issue a "Certificate of No Impediment to Marriage" before an overseas marriage can take place. Additionally&#44; different jurisdictions may have registration time frames before allowing marriage&#44; so it pays to do some research with foreign embassies or consulates ahead of time.</p><p>A child born to a couple where at least one of the parents is an Australian citizen is not automatically an Australian citizen. Although they are entitled to citizenship by descent&#44; it is necessary to apply to the Department of Immigration and Citizenship (or contact the nearest Australian embassy or mission if overseas). The situation is slightly different for children adopted overseas and will depend mostly on whether the child was adopted in a country that is a party to the <em>Hague Convention on Inter-country Adoption</em>. Not all countries in the world have adopted this treaty and those that have (e.g. China and Canada) may have made reservations or provided for special rules about how the treaty will actually operate under their domestic law.</p><h4>Dual Citizens in Australia</h4><p>Assuming that the child holds Australian citizenship&#44; it may be possible for them to acquire the other parent\'s citizenship as well. Before 4 April 2002&#44; an Australian citizen who became a citizen of another country automatically lost their Australian citizenship. However&#44; Australia now permits Australian citizens to hold or acquire another country\'s citizenship (although strongly suggests that Australian citizens use their Australian passports when travelling to or from Australia).</p><h4>Benefits &amp; Disadvantages</h4><p>There are a number of benefits for a person holding dual citizenship:<br /></p><ul><li>They will be able to travel on either passport&#44; which may grant associated work&#44; study and residency rights in other countries;</li><li>If the dual citizen holds the citizenship of a member state of the European Union&#44; it may confer similar rights of study&#44; work and residency in other countries; and</li><li>When travelling and applying for countries that require special visas&#44; the dual citizen may be able to avoid higher fees&#44; receive preferential treatment or be exempt from visa applications all together.</li></ul><p>There are some potential disadvantages to dual citizenship though:<br /></p><ul><li>A country that doesn\'t allow dual citizenship may treat you as a citizen&#44; regardless of whether you were to visit on your Australian passport (meaning that Australian consular officials cannot provide you with diplomatic assistance);</li><li>Some countries may require their citizens to perform military service&#44; or even impose criminal penalties for individuals who attempt to exercise another nation\'s citizenship; and</li><li>Notably in the case of the United States&#44; tax a citizen\'s income regardless of where it was earned in the world (unlike most countries which ignore citizenship and tax on the basis of residency).</li></ul><p>Speaking to a lawyer is a useful step for addressing some of the difficult issues that may come up with dual citizens (particularly concerning taxation matters).</p></td>	<td width=10>	</td>	<td width=214 valign=top>	<table width=214 border=1 cellpadding=2 cellspacing=0 bordercolor=#005482>	<tr>	<td align=center bgcolor=#9FBEDD class=formheading>Previous Months</td></tr><tr>	<td class=bodytext><a href="immigrationnews.asp?docID=5653">Overstaying your Visa</a><p>In order to enter Australia lawfully&#44; it is necessary for non-citizens to obtain a visa. The requirement to obtain a visa applies to everyone&#44; regardless of whether the purpose of the visit is tourism&#44; study&#44; work or migration....<br><br><i>August, 2010</i></td></tr><tr>	<td class=bodytext><a href="immigrationnews.asp?docID=5601">Using a Migration Agent</a><p></p><h4>Introduction</h4><p>A migration agent is a person registered with the Office of the Migration Agents Registration Authority (MARA)&#44; who offers to assist people with applying for visas and citizenship in Australia....<br><br><i>July, 2010</i></td></tr><tr>	<td class=bodytext><a href="immigrationnews.asp?docID=5382">Who is a Refugee?</a><p>The legal status of refugees in Australia is a contentious and frequently misunderstood matter. Unlike many developing countries&#44; where the United Nations High Commissioner for Refugees will make a determination of a person\'s refugee status&#44; Australia has a formal administrative process for assessing refugee claims....<br><br><i>June, 2010</i></td></tr><tr>	<td class=bodytext><a href="immigrationnews.asp?docID=5335">Immigration Update: General Skilled Migration</a><p>In 2010&#44; the Commonwealth Government announced significant changes impacting general skilled migration&#44; with further changes taking place later this year....<br><br><i>May, 2010</i></td></tr><tr>	<td class=bodytext><a href="immigrationnews.asp?docID=5268">Baird Review welcomed by Immigration Minister (and backs up changes to the Skills List)</a><p>On 9 March 2010&#44; the Minister for Immigration and Citizenship&#44; Senator Chris Evans&#44; welcomed the final report of the Baird Review on the legislation governing international education....<br><br><i>April, 2010</i></td></tr><tr>	<td class=bodytext><a href="immigrationnews.asp?docID=5141">Maintain your status quo</a><p>Visa status is hard to maintain&#44; especially when travelling in and out of several countries. If you\'re an Australian permanent resident who wants to travel&#44; and wish to keep your status&#44; you should consider a Five Year Resident Return Visa (subclass 155)....<br><br><i>March, 2010</i></td></tr><tr>	<td class=bodytext><a href="immigrationnews.asp?docID=4941">Skills Assessment for Migrants</a><p>The most common form of migration to Australia is the General Skilled Migration program. The aim of the program is to attract skilled&#44; experienced and therefore employable people for migration to Australia</p><p>On 14 December 2009 amendments were made to the Migration Regulations 1994&#44; under the Migration Act 1958....<br><br><i>February, 2010</i></td></tr><tr>	<td class=bodytext><a href="immigrationnews.asp?docID=4681">Staying on After your Working Holiday</a><p>Are you in Australia on a working holiday visa and interested in staying on after your visa expires? There are a few different visa options if you would like to extend your stay....<br><br><i>January, 2010</i></td></tr><tr>	<td class=bodytext><a href="immigrationnews.asp?docID=4581">International Students and Permanent Residency</a><p>In 2008-08&#44; the Commonwealth Government granted a total of 320&#44;368 student visas. Many of these international students are interested in becoming permanent residents in Australia....<br><br><i>December, 2009</i></td></tr><tr>	<td class=bodytext><a href="immigrationnews.asp?docID=4401">New Priority Processing Arrangements for General Skilled Migration Applications</a><p>The <em>Migration Act 1958</em> (Cth) provides the Minister for Immigration and Citizenship with the authority to set the order of priority for considering and finalising visa applications....<br><br><i>November, 2009</i></td></tr><tr>	<td class=bodytext><a href="immigrationnews.asp?docID=4289">Sweeping Changes to 457 Program Effective 14 September 2009</a><p>The Commonwealth Government introduced a number of changes to the sponsorship regime for temporary workers in Australia on subclass 457 visas....<br><br><i>October, 2009</i></td></tr><tr>	<td class=bodytext><a href="immigrationnews.asp?docID=4151">Family ties - Migrating to Australia</a><p>Under the Australian Migration Program&#44; people can apply for visas under the family stream component. </p><h2>Family stream migrants - who are they?</h2><p>Family stream migrants are selected on the basis of their family relationship with their sponsor in Australia....<br><br><i>September, 2009</i></td></tr>');
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