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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.
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