I would like to visit Australia with my daughter. I am not an Australian citizen, but my daughter is a dual citizen, Australian and Ecuadorian. However, she has never had an Australian passport. Her father lives in Australia. Last time we went to Australia she was not an Australian citizen yet so she was included in my visa. Can I do the same this time? Or what kind of visa does she need?
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3Is your daughter likely to travel to Australia again in the next few years? If so, it's probably better to get her an Australian passport - no visa required. She might also find other international travel on an Australian passport easier.– user90371Mar 20, 2019 at 22:46
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If you properly fill the visa form, they should deny the visa on grounds that an Australian citizen cannot get an Australian visa.– o.m.Mar 21, 2019 at 5:46
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@o.m. many countries have such a rule. Do you know for sure that Australia does?– phoogMar 21, 2019 at 13:28
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1 Answer
Your daughter needs to get an Australian passport. Under subsection 29(1) of the Migration Act 1959, the government only has the legal authority to issue visas to non-citizens.
Australian citizens (including dual nationals) should use their Australian passport to enter or depart Australia. While it is theoretically possible for a dual national to enter Australia with a foreign passport with another proof of Australian citizenship once they arrive in Australia, practically airlines will deny boarding to Australian citizens who do not check in with an Australian passport, as they will fail the electronic immigration status check.
The Department's advice to dual nationals is as follows (emphasis added):
Australian citizens entering and leaving Australia
Australian citizens should use their Australian passport to enter and leave Australia.
The Australian Border Force has more information on crossing the border.
If you have a passport from another country, you can use that after you leave Australia.
A passport is the best way to show that you are an Australian citizen. You might still be able to enter Australia if you are an Australian citizen without an Australian passport, but it will be more difficult. The airline might also stop you from boarding a plane to Australia.
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If she has never had an Australian passport, how will Australia know that she's an Australian citizen?– phoogMar 21, 2019 at 13:25
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@phoog: Presumably they know her father is one of their citizens, and generally a birth certificate will document that she's her father's daughter. The father will probably need to cooperate with some kind of procedure for registering the birth of Australians abroad. Mar 21, 2019 at 13:31
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@HenningMakholm I find it unlikely that this information would lead to a denial of boarding after a visa is issued. It would either cause the visa to be denied or boarding would be permitted. Also, k2moo4, "should" is not "must." The government's text reads more like advice than a legal requirement.– phoogMar 21, 2019 at 13:39
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The emphasis here is somewhat misleading. The airline isn't interested in citizenship. They care only that the passenger has appropriate documentation. A valid passport with a valid visa will be enough for them, and nothing on the Australian Immigration page linked to prohibits an Australian with a second citizenship from using that to enter Australia.– user90371Mar 21, 2019 at 13:39
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@phoog: Sorry, I misunderstood. I somehow thought your point was, "how can she convince Australia they should give her a passport?" Mar 21, 2019 at 13:41