IN CASE OF DUAL NATIONALITY

What is a Dual Nationality?
An increasing number of Australians are migrants, children of migrants, or were born overseas. This means that many Australians are dual nationals, or could be regarded as dual nationals by another country.

You may not even know that you are a dual national.
If you are a dual national, you need to know that your dual nationality may have implications for you if you travel in the country of your other nationality or birth.

You might be liable for military service.
You might be liable for offences under the laws of that country, even if they were committed outside it.

How do people become Dual Nationals?
People can become dual nationals

by birth, because their parents are citizens of another country

by naturalisation

by grant of citizenship.

Many countries have laws that prevent citizens giving up their nationality, either under any circumstances at all, or except by a formal act of renunciation.

In some countries, a woman may also automatically acquire her husband's nationality on marriage.

Liability of Military Service
Dual nationals may be liable for military service in the country of their other nationality.
Countries where this problem has arisen include Argentina, Egypt, France, Greece, Italy, Singapore, Turkey and most countries of Eastern Europe.

Dual citizens/nationals who are planning to visit a country where they may be considered by that country to be a national should check their military service obligations before leaving Australia. They can do this by checking with that country's embassy or consulate in Australia.

Dual nationals should seek this advice in writing before leaving Australia.
Some countries allow nationals who have been living abroad to enter and stay for a limited time before incurring obligations for military service. In others, there is no such period and the obligation arises at once.

In these countries, dual nationals may be ‘called up’ and, if they haven't reported for duty, they may be regarded as defaulters whether they were aware of the call-up or not. They could then either be imprisoned, or inducted into the military services when they next arrive in the country or when they attempt to leave the country. Even dual nationals who have passed the age for military service may be considered defaulters for failing to report at the required time.

Authorities of other countries may not accept ignorance of obligations as an excuse for failure to comply.

Dual nationals of military service age who travel to the country of their other nationality may also seek advice from Australian consular officials in that country.

Marriage, Divorce and Custody
Australia recognises the legality of marriages contracted in due form in other countries. But marriages contracted in Australia may not always be accorded the same recognition in other countries.

For example, a marriage performed in Australia between an Australian citizen and a person who is also a national of a second country may not be recognised in that second country. An Australian in that country might therefore find the marriage not recognised and the children considered illegitimate.

You should check with that country's embassy or consulate before leaving Australia.

Disputes pertaining to the custody of children are a private legal matter, and subject to the jurisdiction of the family courts of each respective country. The Department of Foreign Affairs and Trade is unable to become involved in such disputes, but can provide a list of local lawyers or request posts to check on the welfare of children where concerns are held for their well being.

Information on international child abduction is contained in a booklet produced by the Commonwealth Attorney-General's Department. A free copy of this booklet, entitled International Child Abduction. A guide for parents and practitioners may be obtained by telephoning the Commonwealth Attorney-General's Department on 1800 100 480, or from their website.

Visas & Passports
Dual nationals may often find it easy to enter the country of their other nationality. Sometimes, though, it is not so easy to leave. They may need an exit visa, especially if they entered on a passport of that country.

You should seek advice from the other country of nationality before leaving Australia.

Consular Assistance to Dual Nationals
Australia seeks to extend to all its citizens, including dual nationals, the full range of its consular assistance abroad.

However, under international law, countries are not obliged to recognise dual nationality.
A country may not permit Australian consular assistance to be given to Australian citizens who, according to its laws, it considers and treats as its own nationals.

Or, a person might not be regarded as being an Australian if that person is not travelling on their Australian passport.

If you have any queries regarding the effects of dual nationality on Australian citizenship, contact the Department of Immigration and Multicultural Affairs (DIMA) on 131 880.

If you have concerns about how dual nationality may effect you travelling overseas, we recommend you contact the local representation in Australia of the country to which your dual nationality applies.