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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I arrived in Australia in 1985 with a 313Z resident visa. My

Customer Question

I arrived in Australia in 1985 with a 313Z resident visa. My daughter was born in Australia in 1988 and has lived here ever since. I have since become an Australian Citizen and hold and Australian Passport. My daughter was not part of the citizenship process as I was told at the time this was unnecessary as she was born here. She has now failed the eligibility to work check as the company completing the process on behalf of her future employer will not recognise my original Visa and I have no other way of proving that I was a legal resident when my daughter was born. This job offer may be withdrawn if we cannot solve this problem quickly. They have advised her that she needs to apply for citizenship. I don't understand this. Can you help with some advice?
Submitted: 1 year ago.
Category: Australia Law
Expert:  James D. Ford replied 1 year ago.

Hi, she needs to apply for Australian Citizenship by birth.

Born in Australia on or after 20 August 1986

General

People born in Australia (including Norfolk Island, Cocos (Keeling) Islands and Christmas Island) on or after 20 August 1986 are Australian citizens by birth if at least one parent was an Australian citizen or a permanent resident at the time of the person’s birth.

313Z resident visa

Back in 1988, when your daughter was born, was the 313Z visa a Permanent Resident visa or a temporary visa? You will be able to determine this by referring back to your passport that applied at the time, and looking for evidence of permanent residence status which may be confirmed by a permanent entry permit in their foreign passport valid at the time of the applicant’s birth.

Please advise if you have this?

Kind regards, James

Customer: replied 1 year ago.
It was a Permanenent Resident Visa. I still have a copy of my UK passport it was a rubber stamp. I travelled overseas for a holiday In 1991 with my daughter with a class 155 resident return visa for indefinite stay and she is named on that visa I still have a copy of that. Will that help?
Customer: replied 1 year ago.
I have just noticed that my original entry Visa is numbered 367v ( not a 313z that was for a subsequent overseas trip)
Expert:  James D. Ford replied 1 year ago.

OK, then your daughter needs to apply for Australian Citizenship by birth,.. using the evidence that you were a PR at the time she was born in Australia to support the application.

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