smartraveller.gov.au - Department of Foreign Affairs and Trade
It's a must see destination.
It's a must see destination.
If you have questions on Australian citizenship issues, please call the Department of Immigration and Citizenship (DIAC) on 131 880
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.
If you are a dual national, you need to know that your dual nationality may have implications for you if you travel to the country of your other nationality. For example:
People can become dual nationals
Whether you are a dual national depends on the laws of the country involved. You could be considered and treated as one of its nationals by another country even if you don't accept that nationality.
In some countries, a woman may automatically acquire her husband's nationality on marriage.
Many countries have laws that prevent citizens giving up their nationality under any circumstances. A number of countries have laws that prevent citizens giving up their nationality except by a formal act of renunciation.
All Australians travelling overseas, whether for tourism or business or for short or long stays, are encouraged to register with the Department of Foreign Affairs and Trade before travel. This includes dual nationals travelling to the country of their other nationality. Australians can register online at www.smartraveller.gov.au or in person at any Australian embassy, high commission or consulate.
The registration information provided by you will help us find you in an emergency - whether it is a natural disaster, civil disturbance or a family emergency. It may also be used to pass other information to you such as updated travel advisories, notice of elections and information on other matters relevant to travellers and expatriates.
Dual nationals may be liable for military service in the country of their other nationality.
Countries where this problem has arisen include Egypt, Greece, Iran, Lebanon, Syria and most countries in central and eastern Europe.
Dual nationals who plan to visit a country of which they may be considered a national are advised to check their military service obligations before leaving Australia. They can do this by checking with that country's embassy or consulate in 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 is imposed immediately upon arrival.
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 forces when they next arrive 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.
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 country. An Australian in that country might therefore find the marriage not recognised and any children considered illegitimate. You are advised to check with that country's embassy or consulate before leaving Australia.
Some Australian families choose to arrange the marriage of a child with dual nationality to a person in the country of the other nationality. Under Australian law, subject to certain conditions, the marriage of a child under the age of 18 is illegal and will be void. If an Australian child under 18 who normally lives in Australia marries overseas, the marriage will not be recognised in Australia, even when that person reaches the age of 18.
The recognition by a foreign country of an order or decree made by Australia is a matter which can only be addressed by that country. If you are concerned about the recognition of an Australian divorce by another country, you should raise the issue with the relevant authorities in that country.
If you have concerns about the recognition of an overseas divorce in Australia, you should obtain legal advice on the operation of Section 104 of the Family Law Act which deals with Overseas Decrees.
Because some foreign governments do not recognise dual nationality, a child whose birth is registered either in a foreign country or at a non- Australian embassy or consulate may have foreign citizenship with no recognition by that country of their Australian citizenship. This can affect decisions relating to the future custody of the child, as these decisions can be based on local law.
Parents travelling with children who may be considered nationals of a foreign country should consult a lawyer to resolve child custody and other family law issues before travelling to that country.
In some circumstances child custody disputes can lead to a parent removing a child to, or retaining a child in, a country where they hold a second nationality, without the consent of the other parent. In such circumstances, the other parent may have recourse to the Hague Convention on International Child Abduction, depending on whether the country is a member of the Convention.
This Convention operates to return children to their country of habitual residence so that the local courts may then resolve disputes about the residence of the child. The Convention may also provide assistance to parents seeking to secure access to or contact with a child. Further information can be found in a free booklet, International Child Abduction: A guide for parents and practitioners. This booklet, and information about making an application under the Convention, can be obtained by telephoning the Commonwealth Attorney-General's Department on 1800 100 480, or from their website at www.ag.gov.au/www/childabduction.nsf
Don’t use, carry or get involved with drugs overseas. Every year the Australian Government provides consular assistance to Australians arrested or jailed overseas for drug offences. Consular assistance cannot override local law, even where local laws may appear harsh by Australian standards. Some countries, such as Thailand, Singapore, Indonesia, Malaysia and Vietnam, impose the death penalty or life imprisonment.
To avoid delays at airline check-in and again at the border entry point, Australian citizens who are dual nationals are advised to leave and return to Australia on their Australian passport. An Australian citizen cannot be granted a visa for Australia.
When entering Australia, all Australians, including those who hold dual nationality, must be able to prove that they are an Australian citizen. An Australian passport is conclusive evidence of a person's identity and citizenship, and provides the holder with unfettered right of entry to Australia.
An Australian citizen who arrives without an Australian passport may be delayed until their identity and claims to enter Australia have been checked. If a person holding a foreign passport claims to be an Australian citizen, immigration officers must confirm and verify this through official databases. This will invariably cause some delays to the person while the authorities undertake the necessary enquiries.
International airlines have an obligation to ensure that they only carry appropriately documented passengers to Australia. In the absence of an Australian passport, airlines are unable to assess an Australian citizen's claimed citizenship at the time of check-in and may decline to carry the traveller. Or, they may have to make inquiries with the Department of Immigration and Citizenship (DIAC) in Australia to seek approval to carry the passenger, which takes time and may cause inconvenience to the passenger.
Dual nationals may often find it easier to enter the country of their other nationality on that country's passport, but leaving can sometimes be more difficult. You may need an exit visa if you entered on a passport of that country.
Australia seeks to extend to all its citizens, including dual nationals, the full range of consular assistance.
However, under international law, countries are not obliged to recognise dual nationality.
While we will always try to assist to the greatest extent possible, under such circumstances the extent to which we are able to help you will typically be determined by the host government.
If you have been arrested or detained in a country of which you are a dual national that does not recognise dual nationality, you should ask for access to consular officials from the nearest Australian embassy, high commission or consulate and press the prison, court or police authorities for such access to the extent possible.
If you have any queries regarding the effects of dual nationality on Australian citizenship, contact the Department of Immigration and Citizenship (DIAC) on 131 880 or their website at www.immi.gov.au
If you have concerns about how dual nationality may affect you when travelling overseas, we recommend you contact the embassy or consulate in Australia of the country to which your dual nationality applies. Contact details of foreign embassies and consulates in Australia are available on the department's website at www.dfat.gov.au/protocol/DiplomaticList or you can call 1 300 555 135.
In our experience, many problems encountered by Australian travellers can be prevented if some simple preparations are made. We encourage all Australians to refer to our top 10 tips for safe travel when planning to travel overseas.
Check the latest travel advice for your destination at www.smartraveller.gov.au and subscribe to receive instant email notification each time the travel advice for your destination is updated.
Take out appropriate travel insurance to cover hospital treatment, medical evacuation and any activities, including adventure sports, in which you plan to participate.
Before travelling overseas register your details online at www.smartraveller.gov.au or, when overseas, register in person at any Australian embassy, high commission or consulate.
Check to see if you require visas for the country or countries you are visiting or transiting. Be aware, however, that a visa does not guarantee entry.
Make copies of your passport details, insurance policy, travellers' cheques, visas and credit card numbers. Carry one copy in a separate place to the originals and leave a copy with someone at home.
Check with health professionals for information on recommended vaccinations or other precautions and find out about overseas laws on travelling with medicines.
Make sure your passport has at least six months validity and carry additional copies of your passport photo with you in case you need a replacement passport while overseas.
Leave a copy of your travel itinerary with someone at home and keep in regular contact with friends and relatives while overseas.
Before departing Australia check whether you are regarded as a national of the country you intend to visit. Research whether holding dual nationality has any implications for your travel.
Obey the law. Local laws and legal processes can be very different from those in Australia. Consular assistance cannot override local laws, even where local laws appear harsh or unjust by Australian standards.
DFAT provides consular services to Australians through our headquarters in Canberra and through Australian embassies, high commissions and consulates established in many (though not all) countries. We help Australians in trouble and provide travel advice to help Australians avoid difficulties overseas. We also provide notarial services.
Consular officers are located in Australian diplomatic and consular posts abroad. DFAT's consular network extends to some 170 points of service around the world. These overseas posts are usually located in capital cities but there are also some in regional centres. Sometimes the head of an Australian consulate will be an Honorary Consul.
Not all countries have an Australian diplomatic or consular post but there is usually an Australian post in the region. Under a consular agreement with Canada there are a number of locations where Australians have access to consular services through embassies and high commissions managed by the Canadian Government. Informal arrangements also exist with other consular services including those of the United Kingdom and the United States to lend assistance to Australians in need.
Address and telephone numbers of Australian embassies, high commissions and consulates can be found in local telephone directories, hotels, tourist offices or police stations in the country concerned.
A directory of Australian overseas posts appears in the "Your Information Base" section of each edition of Hints for Australian Travellers. This booklet is issued with your passport. Canadian posts that help Australians are also listed in the Hints booklet.
The 24-hour Consular Emergency Centre (CEC) in Canberra can also be contacted for assistance from anywhere in the world on +61 2 6261 3305 or +61 1300 555 135.
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