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309 visa needed, baby due in February, wanting to emigrate Oct 2015, Aus passport for baby??


Soffy999

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Hello I would appreciate some advice from the experts!!

 

Me: UK citizen lived all my life in UK

Married for 3.5 years

Living in London

 

Husband: Australia citizen from Adelaide

Holds indefinite leave to remain in UK, and is eligible for UK passport but we haven't got around to it yet (but will do soon!)

Living with me in UK for the last 4 years, arrived on fiancé visa then we married.

 

I'm now pregnant and the baby is due in mid February and will be born in London.

 

Our big plan is to move to Melbourne in October 2015, so I need to apply for a 309 visa.

 

1) Am I correct that visas are taking 9-12 months to process, so I need to get moving and lodge my 309 application asap?

2) Does the fact that I am pregnant affect my application at all, medical assessment, etc?

3) I had assumed until today that I would have to wait until the baby is born and then lodge my 309 application for me and the baby, but it now occurs to me that the baby will be eligible for Australian citizenship and an Australian passport, so is the latter the route that I should take?

4) Will 8 months be long enough between baby's birth and emigration date to obtain the Australian passport for the baby?

 

Thanks so much in advance for any advice you guys can offer!

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New processing times are 10-14 months.

 

You should lodge your application as ASAP if looking to move next October. London usually say to wait 3-4 months before doing your medicals and police checks, waiting until after the baby is born won't be a problem you just need to inform them of your pregnancy.

 

The he baby will be eligible for citizenship by decent, which can be applied for through Australia house, then you would apply for the baby's Austrlalian passport.

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Citizenship for baby and passport will not hold you up as that was really fast for our daughter's passport. You will be cutting it fine for your own visa but if you really must be there in October you can, nearer the date, inform your CO, apply for tourist visa, then go offshore say to New Zealand and return to validate. It is another expense but many do it.

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We are almost exactly the same as you except hubby English and im the aussie. Bubs was born just before we put our visa in. His citizen paperwork and passport where very simple and took under 4 weeks to have both. Hubbys is the nightmare we are at 7.5 months waiting now. Apply asap as now they are saying 14 months waiting period. They will tell you when to do medical and like above wait until after baby. But no issue really.

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Very good idea to ensure your hubby has gained UK citizenship before you leave the UK. Indefinite leave to remain ends once you are away from the UK for 2 years and is nigh on impossible to regain. And the partner visa for the UK is a big headache and difficult for many to gain with the new financial aspect.

 

Check how long UK citizenship applications are taking atm. Timing it right to allow enough time to gain it before you actually begin to make plans to depart the UK as its a bit of a grey area with the whole planning to migrate but applying for citizenship at the same time thing ;)

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