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Baby born to Australian Citizen in Vietnam-What to do Please Help


Guest swoosh

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I have a pregnant fiancee in Vietnam who is due to give end of this month. My migration agent has finished and sent off the application for the Prospective marriage visa last Friday, and i plan to travel to Vietnam next week and stay there for close to 3months.

 

As the baby is not born yet we cannot put baby down on application as dependent, and was told to write a letter to Embassy after baby is born to have baby included in application.

 

I would like to know if i should be using the 118 citizenship by descent form then applying for Australian passport for baby. I would like to take this path as i heard from a friend that the Vietnamese government will not allow a child to leave the country until it is 2years old. Is this true?

 

What are the chances of immigration giving her the fiancee visa within 3months so she and our baby can fly together to Australia.

How difficult and fast would this process be as i am only staying about 3months in Vietnam.

 

(Also when i applied for paternity leave of up to 14 weeks and stating i will return to work early if my immigration matter is handled quickly and telling my employer of my situation, they told me it was awfully long and when i come back i might not have a job. I went straight to my union delegate and told them what happened and my union delegate confronted this employer after i finished work and denied saying what he said to me and called me a liar. After this argument, the next day they approved my leave)

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Guest wanderer

The information re a baby being born after visa application is @ Prospective Marriage Visa (Subclass 300)

If however the birth is after visa grant, have a read of http://www.immi.gov.au/allforms/booklets/1128.pdf re doing a separate child visa.

 

You'll find citizenship information @ Australian Citizenship – Child born overseas to an Australian citizen

 

Before you get to that step though, you had better check out the Vietnamese government scene.

 

I have a friend and they may have changed the regs from when he went through the process a few years back, but it took him about four trips backwards and forwards to Vietnam to get approval from the Vietnamese government at the time to get married.

 

Another acquaintance was more in your in your situation and things happened a lot quicker but his wifes father had some clout in diplomatic circles.

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Guest siamsusie

Hi Swoosh, I can't answer any of your questions, but just to wish you and your new family many best wishes in your life together, exciting times ahead and I am sure it will work out for you. Safe travels to Vietnam also, a wonderful country, so you should be able to enjoy the best of both worlds! ss x

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Thanks siamsusie.

Two of my close friends partner was due to give birth 28th Oct and 1st Nov, but two of them delivered early, one on the 12th, the other on the 16th Oct.

My fiancee is due to give birth on the 1st Nov and i am scared she will deliver early so tomorrow Monday i will try to see if i can take leave on the Wednesday 21Oct and not the Sunday 26th Oct.

I cannot wait to see my fiancee and her big bulging tummy. I bought a good used dslr camera so i can take many pics of her before delivery and after delivery.

I am really hoping the consulate allows my fiancee the visa and my baby the Aus citizenship early before i leave so all of us can fly back together.

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Guest siamsusie

Swoosh, I sincerely hope for you guys as well. I for one would love to hear your story and see the pictures, please do keep us posted , heres hoping for a smooth and happy outcome, very best wishes ss x

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  • 4 months later...

Hello everyone, i am so sorry for late update and this is what happened so far:

 

I traveled to Vietnam on the Wednesday 21Oct 2009, where i was met by my fiancee and her big bulging tummy and one of my cousin that i hired to look after my fiancee.

 

On the 27th Oct 2009, my fiancee gave birth to a healthy girl, 2800grams 5.30AM at in HCMC.

 

About two weeks later she receives a call from the Australian Visa Application Centre (IOM) HCMC to pick up a package. After we pick up this package, we open it at home and notice that the documents inside are papers relating to health checks to be performed and other papers including case number but no case officer yet. Also i notices that this package was a returned EMS post office package because our solicitor migration agent had not put my fiancees house address number, so we received it about two weeks late.

 

Now after she had performed the health check, we go to the Australian Visa Application Centre (IOM) HCMC to get advice about doing the Australian Citizenship by Descent and adding our baby as a Dependent.

 

They tell us that you can only do one and not both. That if we try for Australian Citizenship by Descent that it will take about 1 month and i need to provide proof and evidence that i am the father, as we are not married my name cannot be put down as the father on the birth certificate. We find out that in Vietnam you can do a DNA test and apply for some document that states it recognizes you as the father. After this is done you can apply for the birth certificate and it will take up to 45 days to be processed.

 

So we head off to a blood hospital to do the DNA and when we are there they say they cannot do the DNA until our baby is 2 months old(our baby was about 3 weeks old this time). At this stage i decided not to go through with the Australian Citizenship by Descent as it would have taken too long and might have surpassed my 3 months stay in Vietnam.

 

After this we registered our baby and she received her birth certificate and Vietnamese passport.

 

We are back and forth to the Australian Visa Application Centre (IOM) HCMC a few times to hand in some documents (mainly for baby) and last time was about week before i depart Vietnam (12th Jan 2010) to inform of change of address.

 

Now it had been an amazing experience being a father.

 

Since being in Vietnam i was hoping for interview and visa being granted so my family could come back with me to Australia. It never happened and we never received any updates what so ever which was disappointing. I thought having a baby they would have somehow made us priority or even put us up the list.

 

On the day that i am back in Australia, in the afternoon when i ring my fiancee she actually tells me that she received a call from the embassy to confirm the change of address and to why my name is not on our daughters birth certificate.

 

I had bought a dslr and hd video camera to photograph and video my daughter, and shot and recorded many pictures and videos, and look at them daily. Also i installed skype on my fiancees phone so i ring her daily for free and we can talk for ever cos the place that i am renting for her has free internet, but it is expensive.

 

Staying for 3 months in Vietnam was a big financial burden and supporting her and our baby is costing me big $$(remember i almost didn't have a job when i came back), so i hope immigration speeds up our application.

 

Anyone have any thoughts on what i can do or who i can contact? I really do not want to contact my solicitor migration agent as i was really disappointed with them handling my application( i had to keep contacting them to try and finish application otherwise they just forgot because they had so much work as a solicitor so this delayed application a bit- now i know its better to go with full migration agent). Its about little over 4 months since they received our application and it feels like they have forgotten about us or have put us down the list.

 

Also there is only one Medical center in HCMC that does DNA testing that is recognized by the Australian Embassy and it cost $1705 US dollars (parents and baby tested). Anyone know how much and how it will be performed since i am in Australia? They haven't asked for DNA test yet.

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I'm sorry that I can't answer any of your visa questions, but I want to congratulate you on the birth of your daughter ... you must be missing her terribly. It may be difficult for people to comment as predominantly our membership are British and live in either Aus or UK, so have little or no knowledge of Vietnamese law and the hurdles of migration from those countries. Your migration agent may be the best person to speak to.

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Hello everyone, i am so sorry for late update and this is what happened so far:

 

I traveled to Vietnam on the Wednesday 21Oct 2009, where i was met by my fiancee and her big bulging tummy and one of my cousin that i hired to look after my fiancee.

 

On the 27th Oct 2009, my fiancee gave birth to a healthy girl, 2800grams 5.30AM at in HCMC.

 

About two weeks later she receives a call from the Australian Visa Application Centre (IOM) HCMC to pick up a package. After we pick up this package, we open it at home and notice that the documents inside are papers relating to health checks to be performed and other papers including case number but no case officer yet. Also i notices that this package was a returned EMS post office package because our solicitor migration agent had not put my fiancees house address number, so we received it about two weeks late.

 

Now after she had performed the health check, we go to the Australian Visa Application Centre (IOM) HCMC to get advice about doing the Australian Citizenship by Descent and adding our baby as a Dependent.

 

They tell us that you can only do one and not both. That if we try for Australian Citizenship by Descent that it will take about 1 month and i need to provide proof and evidence that i am the father, as we are not married my name cannot be put down as the father on the birth certificate. We find out that in Vietnam you can do a DNA test and apply for some document that states it recognizes you as the father. After this is done you can apply for the birth certificate and it will take up to 45 days to be processed.

 

So we head off to a blood hospital to do the DNA and when we are there they say they cannot do the DNA until our baby is 2 months old(our baby was about 3 weeks old this time). At this stage i decided not to go through with the Australian Citizenship by Descent as it would have taken too long and might have surpassed my 3 months stay in Vietnam.

 

After this we registered our baby and she received her birth certificate and Vietnamese passport.

 

We are back and forth to the Australian Visa Application Centre (IOM) HCMC a few times to hand in some documents (mainly for baby) and last time was about week before i depart Vietnam (12th Jan 2010) to inform of change of address.

 

Now it had been an amazing experience being a father.

 

Since being in Vietnam i was hoping for interview and visa being granted so my family could come back with me to Australia. It never happened and we never received any updates what so ever which was disappointing. I thought having a baby they would have somehow made us priority or even put us up the list.

 

On the day that i am back in Australia, in the afternoon when i ring my fiancee she actually tells me that she received a call from the embassy to confirm the change of address and to why my name is not on our daughters birth certificate.

 

I had bought a dslr and hd video camera to photograph and video my daughter, and shot and recorded many pictures and videos, and look at them daily. Also i installed skype on my fiancees phone so i ring her daily for free and we can talk for ever cos the place that i am renting for her has free internet, but it is expensive.

 

Staying for 3 months in Vietnam was a big financial burden and supporting her and our baby is costing me big $$(remember i almost didn't have a job when i came back), so i hope immigration speeds up our application.

 

Anyone have any thoughts on what i can do or who i can contact? I really do not want to contact my solicitor migration agent as i was really disappointed with them handling my application( i had to keep contacting them to try and finish application otherwise they just forgot because they had so much work as a solicitor so this delayed application a bit- now i know its better to go with full migration agent). Its about little over 4 months since they received our application and it feels like they have forgotten about us or have put us down the list.

 

Also there is only one Medical center in HCMC that does DNA testing that is recognized by the Australian Embassy and it cost $1705 US dollars (parents and baby tested). Anyone know how much and how it will be performed since i am in Australia? They haven't asked for DNA test yet.

 

Hi. I'm just reading this thread for the first time. Congratulations on your baby girl. I'm sure everything will work out eventually but it must be very stressful for you and your fiancee.

 

I really think you need a Vietnamese-Aussie migration agent -- someone with good knowledge of how things work in Vietnam and HCMC. Are you in Melbourne? I'm from there and as you know there is a large Vietnamese community in Richmond-there must be a Viet-Aussie agent there who is registered.

 

Good luck with all this and let us know how you get on.

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Guest Gollywobbler

Hi Swoosh

 

Congraulations on your new baby daughter!!!! Are mother and baby both thriving? I assume that they are?

 

I agree with Melbournegirlinny. I also think that your best bet is a Viet-Aussie RMA.

 

Only about 50% of RMAs are also members of the MIA, but 50% is enough to find someone who can help you and the MIA search tool is much better than the MARA tool for this job:

 

MIA Search Agent

 

The Advanced Search tool lets you search by languages spoken. If you tell it a place close to you and the language, it might let you narrow the search right down.

 

Cheers

 

Gill

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Guest swoosh

Last week i emailed the Embassy in Ho Chi Minh Vietnam.

In the email i queried as to why we have not received response since it's been over 4 month. I also stated that during my 3 months stay in Vietnam i covered all costs including hiring an extra person to help with house duties and raising my daughter.

 

Also pointed out that since returning to Australia, am suffering financial strain made worse because this month have car rego and insurances, house insurance, on going car repairs. So will have to find about $3000 and plus more to have car repaired.

 

I also stated that i have no objections and am more than willing to undergo DNA testing, the only issue i have at the moment is the cost associated with performing DNA testing as it is very $$$ expensive plus i'm broke :(

 

I told them it was also difficult and a safety issue for my fiancee to raise our daughter by herself.

 

My fiancee received call from Embassy next day followed by email to me, basically stating that our application up to date, no further progress has been made.

 

Then they say standard processing time for Partner category visas is 6 months, then go on to say that they have huge number of incoming applications to deal with.

 

They told my fiancee that they will give us a form so our daughter can undertake a medical checkup. I'm not too keen on her getting x-ray as it means she will get a radiation hit on her small body.

 

Next month will be 6 months since i lodged application so i hope everything is finalized soon. I really miss my daughter and fiancee.

 

Last week my daughter received her 4 month vaccination and she weighed 6.2kg. My fiancee tells me that my daughter is bigger than babies that are older than her. Of course- she has my Vietnamese Australian genes :)

 

When they say it takes 6 months, does that include the visa or just up to interview stage?

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ast week i emailed the Embassy in Ho Chi Minh Vietnam.

In the email i queried as to why we have not received response since it's been over 4 month. I also stated that during my 3 months stay in Vietnam i covered all costs including hiring an extra person to help with house duties and raising my daughter.

 

Also pointed out that since returning to Australia, am suffering financial strain made worse because this month have car rego and insurances, house insurance, on going car repairs. So will have to find about $3000 and plus more to have car repaired.

 

I also stated that i have no objections and am more than willing to undergo DNA testing, the only issue i have at the moment is the cost associated with performing DNA testing as it is very $$$ expensive plus i'm broke :(

 

I told them it was also difficult and a safety issue for my fiancee to raise our daughter by herself.

 

My fiancee received call from Embassy next day followed by email to me, basically stating that our application up to date, no further progress has been made.

 

Then they say standard processing time for Partner category visas is 6 months, then go on to say that they have huge number of incoming applications to deal with.

 

They told my fiancee that they will give us a form so our daughter can undertake a medical checkup. I'm not too keen on her getting x-ray as it means she will get a radiation hit on her small body.

 

Next month will be 6 months since i lodged application so i hope everything is finalized soon. I really miss my daughter and fiancee.

 

Last week my daughter received her 4 month vaccination and she weighed 6.2kg. My fiancee tells me that my daughter is bigger than babies that are older than her. Of course- she has my Vietnamese Australian genes :)

 

When they say it takes 6 months, does that include the visa or just up to interview stage?

 

Hi Swoosh and thanks for the update. I don't think anyone on PIO can sensibly comment on whether the 6 month time given by the person in the Vietnam office means that is the time it will take to do everything and grant the visa or whether it is up until the interview stage. The only person who would have a feel for that is a Vietnamese-Aussie migration agent. Have you tried to call anyone in Richmond as I suggested? Gill sent you a link from the MIA with information on those who speak Vietnamese. Someone who regularly works with the Viet government should be able to help you and should give you some free advice in a first call.

 

Your problem is that you are not on the birth certificate so the DIAC has to have some proof of you being the father. That leaves DNA evidence. I don't think you are going to be able to get around that and emailing DIAC to tell them you cannot afford it right now because of personal expenses will just delay your application. Have you tried phoning them in Vietnam so you hear what they have to say?

 

Again, I really think you need some advice of someone who specialises in Vietnam.

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  • 2 weeks later...
Guest swoosh

Hi everyone,

first thing i should mention if i haven't already is i am in Sydney, and i did use migration agent who is also a solicitor.

 

My mistake was i should have used migration agent who only deals in migration matters who has partner/contact in Vietnam. Solicitors deals with too many different matters and was pita to constantly see/contact them to finish application.

 

Anyway in time i probably will contact my migration agent.

 

So here is my update:

 

I emailed Embassy after 1 week to see why my fiancee had not been contacted to pickup passport of our daughter and medical check form. I also requested if they could write a letter stated to who ever performs medical check if they could make sure x-ray was set to correct level for baby.

 

They replied that they sent off those documents the previous week-the day i contacted them and stated that the Australian Visa Processing Centre IOM had messaged my fiancee.

 

They did not say anything about x-ray.

 

Anyway the Embassy rang my fiancee to confirm she had not received documents and they rang the IOM to call my fiancee to pick up the documents. That was last Friday so when she went to pick up passport and medical form, they told her she had to get 6 passport sized photos of daughter which 1 or 2 will be used for medical forms. The IOM people also helped fill in the medical form as my fiancee does not read/write english.

 

My fiancee booked in This Monday for medical check for our daughter. Yesterday Monday 15th January 2010, my fiancee took my bundle of joy to a medical centre in HCMC to have medical check performed. They look at the form and gave it back to my fiancee and told her to go back out front and look at some papers out there and finish filling in the form. She asked them what was missing but they refused to say and were rude to her. She took the form out to the front and looked at papers and didn't see what was wrong/missing. She checked again and could only see that the contact number was not filled in by the staff at IOM. She filled that in and returned to the doctor.

 

The doctor then started performing medical check on our daughter. There was no blood test or x-ray. I was surprised and happy as you know because i did not want my daughter getting a higher radiation hit than what is necessary.

 

I don't know why no blood test or x-ray was not performed- maybe at 4.5 months old she is too young. My fiancee also asked doctor why no x-ray is being performed and he said it was not necessary.

 

Well end of this week it will be end of 5 months since our application, so i am hoping they will finalize application soon before end of 6 months because i am sure she will then have to get new police check certificate plus other documents to be re-certified and translated. This will not be good as where she lives in her province the road is only accessible by scooter/bike and not car so she will be holding our daughter with someone riding at the front. This is illegal in Australia but common practice in Vietnam.

 

Not safe at all and i would be very upset and very very angry with the Embassy with that situation. I have a duty of care to my family and i believe the Embassy also has a duty of care to my fiancee and daughter. They might disagree but my daughter is technically/legally an Australian citizen by descent, and my fiancee is a mother of an Australian citizen by descent and future Australian citizen who is engaged to marry an Australian citizen.

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  • 2 months later...
Guest mrwhirler

i've just read your post, sounds like you have a few problems. I am in a similar position i guess but in another country, i've been here for a year already, but i am married, my wife and i have applied for citizenship by descent for our baby boy, but in the meantime to get my son to Australia he has to be included in my wife's visa application, i assume you are doing the same. You mention some other documents you provided to the embassy, does this include your AFP clearance (Australian Federal Police) if not you will need this one, also your baby will have to undergo a medical check with a panel doctor, these requirements will have to be met before they will consider your wife's visa. Good luck i hope this helps.

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One of my work colleague's son (Australian citizen married to a Philipina with a child together) had to wait almost 2 years to get his wife and daughter into Australia - high risk countries are always going to take quite a long time. It was a very drawn out process for them but the family are now together in Australia

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Guest mrwhirler

I guess what irks me most about the whole process my wife and i and child are going thru is the presumption that we are guilty until we can prove our innocence, even criminals are treated with more respect.

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