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New Baby on 457 Visa and Applying for PR


Guest nathanhaigh

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Guest nathanhaigh

I'd like some advice on our current situation:

 

My wife and I are both British and live in Brisbane on a Temporary Business (Long Stay) visa (subclass 457)and moved here in May 2008. My wife is pregnant with our first child which is due to be born in late March. We are hoping to travel back to England in mid-July to show her off to friends and family. We are also looking at apply for PR on a Skilled - Sponsored (Migrant) Visa (subclass 176) as soon as possible - My wife's sister is married to an Australian and is a PR who lives in Adelaide.

 

From our research we believe the following to be true. However, we'd appreciate any corrects/suggestions etc as to how best to proceed.

 

When the baby is born she will not be an Australian citizen as we are on a 457 visa. Therefore, we need to register the birth here in Oz and apply for a British passport using the C2 form:

How to apply

 

Once we have a British passport we need to get her included on a 457 visa like us. At that time she will be able travel (due to having a British passport) and be able to enter back into Australia with us (due to having the 457 visa).

 

Now a few questions about this:

 

 

  1. Do we just register the birth like anyone else in Australia - i.e. get an Australian birth certificate? Or do we need to register the birth anywhere else e.g. the British High Commission? In form C2, Q1a asks: "Was the child born in a foreign country and the birth registered at a British Consulate".....what does this mean? Q1b continues: "Was the child registered as a British citizen"....again what does this mean? Surely, she will be a British citizen by birth as both parents are British? We're a bit confused how section 1a and 1b should be filled out:confused:
  2. Who should we use as the countersignatory in section 8, since we will have only been in Oz for 10 months at the time she is born? We're thinking that a senior person at the sponsoring company (CSIRO) may suffice?
  3. How do we go about getting her the 457 visa status? Is there a charge? Does our sponsoring company need to do/sign/agree to anything?

 

 

Now for the 176 PR visa application....

we already have a positive skills assessment from VETASSESS. and just need to get the application sent in. Or

 

My questions about this aspect are:

 

 

  1. Can we get the wheels in motion NOW before our baby arrives? Then once the baby arrives can we have her added to the application once we've got a british passport and 457 visa for her?
  2. Will we have to wait until we have the passport and 457 visa in hand BEFORE applying for the 176 PR visa so she can be included in the application from the start?

 

Cheers,

Nathan and kate

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Hi Nathan and Kate,

 

Your first questions 1 & 2 are probably best to be directed to the High Commission but in my opinion I would say that you should register the birth at the British High Commission and no doubt your child would be a british citizen.

 

With regard to the 457 I would refer to your grant letter/documentation. Notify the case officer/dept of your change in circumstances. The case officer should then give you details of what you need. You will need something in writing from the sponsor as it must be clear that they understand the undertakings of the sponsorship extends to all members of your family unit.

 

The 176 PR questions

1. Yes you can add the new born at a later stage.

2. Provided that you keep the department informed about your new family addition and the documents you are obtaining your shouldn't have an issue.

 

I hope this helps

 

Regards

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We are also on a 457 visa and have done the passport bit and now have a passport for the baby but not sure about how we get the visa put in either so will be watching this thread.

 

The signing of the picture for the passport application i used a friend from the UK who was here at the time visiting and is a dentist.

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Guest guest17520

Hi Nathan,

 

I also had my first baby in oz and am on a 457 visa. At the time my wife got pregnant we were on student visas and about to apply for 457 so she had to wait until after we had the baby to get her 457 visa because we couldn't get new health insurance to cover the birth she changed visa.

 

When Lauren was born she had to get an Australian birth certificate. I think when we got her pasport we answered no to those questions, have look at the notes for form C2.

 

When we got her visa stamped we also got my wifes done at the same time and i think it cost $180, my employer wrote a short letter saying please extend the visa conditions to my wife and child.

 

It was all pretty simple.

 

Do you know someone in the UK who can sign the photo for you? I was lucky because i had been here over 2 years already so got my GP to do it.

 

Make sure you get everything sorted out as quick as you can because you won't be able to get the little one on your medicare card until she/he has a visa in the passport and when the are born and for months afterwards they need to see doctors and get injections etc.

 

Not sure about the 176 visa but good luck.

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  • 4 months later...
Guest nathanhaigh

Thought I'd update this thread since I've now received better information from the Department of Immigration and Citizenship.....a different story, but sounds correct.

 

Basically, I don't have to fill in form 1066 and pay the $250 fee again! Yeah! I just need to take my daughters Queensland birth certificate and UK passport, a letter from my emplyer stating they are willing to extend their obligations to her and some ID for myself (I'll use my UK passport) to the office in Brisbane (299 Adelaide Street - open 9am-4pm Mon-Fri) and they'll sort it out there and then! They said I could alternatively send them in by post (certified copies) with a covering letter from myself detailing the change in circumstances.

 

Brilliant....just need to make time to go down to the office! I'll comment again with the experiences I have in the office.

 

Nathan

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  • 4 months later...

Hi Nathan

 

Thanks for posting your update and congratulations on the new baby (who must be growing up pretty quickly now!) I am aware that I am responding well after the date of your post so am not sure if you will still be accessing the site. Nonetheless, I am particularly interested in your post and subsequent thread because I am pregnant and on my husband's 457 visa. I have been able to find the answers to most of my questions from yours and others' threads but was wondering if you could help with the following:

 

How long did it take to get your baby's passport?

 

Did you need to have a visa stamped on it? Our visas were granted in May 2009 and we do not have passport stamps- it all seems to be done on the electronic system these days.

 

Were you stuck without Medicare for the baby in the meantime? (The Medicare website suggests that a birth certificate would be enough but I'm not sure whether this covers Pommy babes!)

 

Many thanks

 

Janine

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Hi Nathan

 

Thanks for posting your update and congratulations on the new baby (who must be growing up pretty quickly now!) I am aware that I am responding well after the date of your post so am not sure if you will still be accessing the site. Nonetheless, I am particularly interested in your post and subsequent thread because I am pregnant and on my husband's 457 visa. I have been able to find the answers to most of my questions from yours and others' threads but was wondering if you could help with the following:

 

How long did it take to get your baby's passport?

 

Did you need to have a visa stamped on it? Our visas were granted in May 2009 and we do not have passport stamps- it all seems to be done on the electronic system these days.

 

Were you stuck without Medicare for the baby in the meantime? (The Medicare website suggests that a birth certificate would be enough but I'm not sure whether this covers Pommy babes!)

 

Many thanks

 

Janine

 

Hi Janine,

 

I had a baby last year and my Husband is on a 457 visa, From what i remember the passport took about 3 weeks to come through.

We came here in Nov 2007 and we had a sticker put in our passports with our 457 visa information on, all i did was took her to the immigration in melbourne with birth certificate, passport and my id and they put a sticker in her passport too.

Medicare was easy yes i just went into my local medicare office and they took details and added her for me there and then and just posted out the new card with all 3 of us on ( that took about a week to come through but i got a temp one until that came in the post)

 

Hope this helps you

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Guest nathanhaigh
Hi Nathan

 

Thanks for posting your update and congratulations on the new baby (who must be growing up pretty quickly now!) I am aware that I am responding well after the date of your post so am not sure if you will still be accessing the site. Nonetheless, I am particularly interested in your post and subsequent thread because I am pregnant and on my husband's 457 visa. I have been able to find the answers to most of my questions from yours and others' threads but was wondering if you could help with the following:

 

How long did it take to get your baby's passport?

 

Did you need to have a visa stamped on it? Our visas were granted in May 2009 and we do not have passport stamps- it all seems to be done on the electronic system these days.

 

Were you stuck without Medicare for the baby in the meantime? (The Medicare website suggests that a birth certificate would be enough but I'm not sure whether this covers Pommy babes!)

 

Many thanks

 

Janine

 

Thankfully I'm still subscribed to this thread so got an e-mail notification when you posted to it! This is information from my experience in Queensland, other states may very.

 

Our first job when Lottie was born was to register her birth. If I remember rightly, we got provided an application form at the hospital with most details filled out. You need to complete the form and lodge it at your local registry, magistrates court office or lodge by post. Registering the birth is free, however if you want a certificate (you can get a standard one or a plethora of commemorative one!), you need to pay for the certificate which will be posted to you, you will not be able to take it away the same day. You could also pay for faster processing if you had travel plans arranged already - need to provide proof of travel plans. See here for some details:

Births : Department of Justice and Attorney-General

 

Once you receive the certificate in the post, you can go to your local medicare office and have baby added - you'll receive a temp. card with all your names on it, till your card arrives in the post. An Australian birth certificate and ID for yourselves should be enough. I think if you're both eligible for medicare, then baby is automatically eligible, just need to prove their birth and your relationship to the child. If you're quick off the mark, baby can have medicare within 2 weeks of being born - most time is lodging and getting the birth cert. I think you'd be unlucky if baby needed any treatment before you got him/her added to the card. But if you did, I'm sure it won't be an issue anyway!

 

With the birth cert. you can also apply for a British passport using form c2, and as of 2 June 2009 you must lodge it at your local Australia Post office. Processing times were pretty quick....assuming you supply all the correct documentation (which the post office should check) it should be a few weeks. Mine took longer I didn't have to lodge it through the post office and I missed some ID from my application - Doh!

 

As for the visa stamp (it's purely for evidence as everything is electronic now)....You still need to inform the immigration dept. of your changes in circumstances. And although by law your child automatically gets the same visa as you, the immigration dept probably want you to complete a visa application form like the one you filled in initially - purely for a document trail, some places may not ask you to do this!! The form isn't designed for this purpose, so is pretty confusing what to fill in, what does/doesn't need filling in! If I remember rightly, you fill the form in as the child, entering the details of the primary applicant in the appropriate places and the details of all other people on that visa. You don't need to fill in all the employer details again! They're not gonna refuse baby a visa, it's just for a paper trail! You can take/post your completed form and ID to your nearest British consulate and while there you could get the visa evidenced (which I kind of like).

 

Hope this answers your questions satisfactorily!

 

Nathan

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Guest guest17520
We are on a 457 visa and have our 2nd baby due in Feb....Does anyone know if we are entitled to the baby bonus?

 

You need to be a resident to get the baby bonus.

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Guest nathanhaigh
We are on a 457 visa and have our 2nd baby due in Feb....Does anyone know if we are entitled to the baby bonus?

 

Unfortunately not! The Family Assistance Office (FAO) baby bonus is only available to those who meet the residency requirements. In a nutshell, you need to be a permanent resident (PR) or Australian citizen (and some special visas).

 

We have a PR visa application in, I'm hoping it comes through before our daughter is 1yr old as we may then be able to claim it....you have 52 weeks from the birth to claim it!

 

Nathan

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  • 2 months later...

Hi Nathan

 

Not sure I ever thanked you for this at the time but am looking back now as baby is due in next few weeks and your post has been very useful to us- many thanks.

 

Janine

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Guest nathanhaigh
Hi Nathan

 

Not sure I ever thanked you for this at the time but am looking back now as baby is due in next few weeks and your post has been very useful to us- many thanks.

 

Janine

 

You're very welcome. I know it can be very daunting being away from home and having a little one on the way and not really knowing how you stand with entitlements etc. So I'm glad my experiences have given you some peace of mind....even if it's just knowing where you stand with things!

 

FYI: The PR visa we put in last Feb now doesn't look like being processed until the end of 2012! Damn financial crisis and increased unemployment. My 457 visa runs out in May 2011....hmm, what to do!? :cry:

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