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A.N.Z.A.C.C

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AUSTRALIAN NEW ZEALAND AMERICAN CHAMBER OF COMMERCE

 

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Australian Citizenship Act Reforms

The Minister for Citizenship and Multicultural Affairs, Mr Gary Hardgrave outlined changes to the 55-year-old Australian Citizenship Act to bring it into line with the reality of modern Australia in Sydney on 7 July 2004.  

Once the changes become law, thousands of former Australians who live overseas and automatically forfeited their Australian citizenship when they acquired another citizenship before 4 April 2002 will be able to resume their lost citizenship simply by showing that they are of good character.

As part of the package of reforms, former Australian citizens who renounced their Australian citizenship under Section 18 of the Act to acquire or retain another citizenship, or renounced to avoid significant hardship or disadvantage, will also be given the opportunity to resume their Australian citizenship.  

The provisions in the Australian Citizenship Act 1948 for the registration of citizenship by descent will also be amended.  Currently, the legacy of a patchwork of amendments over the years randomly excludes particular pockets of individuals from registering as Australian citizens by descent purely due to their date of birth.  Once the Act is amended, the only requirements that will apply to an overseas-born person seeking registration as an Australian citizen by descent will be that at least one of their parents was an Australian citizen at the time of their birth; that the person is of good character if 18 years or over; and, if a parent of the applicant acquired Australian citizenship by descent themselves, that parent must have spent a total of two years in Australia as a lawful resident.

Legislation to amend the Australian Citizenship Act has still to be drafted, introduced and passed by both Houses of Parliament and then assented to by the Governor-General before people who will benefit from the changes can take action with regard to their personal situation. It is unclear when the legislation will be introduced into the House of Representatives, but information available at this stage appears to indicate that it is unlikely to be introduced before the federal election is called, and will probably therefore not come into force until some time in 2005.

Further Information:

Media Release of 7 July 2004 by Gary Hardgrave, Minister for Citizenship and Multicultural Affairs:
http://www.minister.immi.gov.au/cam/media/media04/h04128.htm

Minister's Speech of 7 July 2004 Announcing Changes:
http://www.minister.immi.gov.au/cam/media/speeches/sydinstitute_07_04.htm

 

US Visas

The Bureau of Consular Affairs of the U.S. Department of State has issued important advice regarding the issuance of visas to stay in the United States.

As it applies to Australians and New Zealanders, Australians and New Zealanders in the United States that do not have "Green Cards" need to know that the US Government will no longer renew visas "in country" for applications received at their processing centers after 16 July, 2004 .

This information can be found at http://www.travel.state.gov/revals.html , which advises of this change in processing policy and how it affects each visa class.

After 16 July, 2004 , people needing to renew their visas need to leave the United States to renew their visas.  If they are not traveling to their home country, they may apply at a U.S. visa processing post in Canada and Mexico provided they have made a visa interview appointment. They may also apply at a U.S. visa processing post in a third country provided they have made an interview appointment. They should understand that if there is a delay in visa issuance, they may need to spend more time overseas than they originally planned. Information on U.S. visa processing posts and their visa interview appointment systems is at
http://usembassy.state.gov   A business associate, friend, or relative may need to make the visa interview appointment for the applicant.

Please note that the Australian Embassy and Consulates are unable to provide any assistance, or any further information in relation to the issue of US visas.

 

 

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