rhenny Posted April 27, 2015 Share Posted April 27, 2015 Hi All I'm a UK citizen with Aussie Permanent Residency. My Husband is an Aussie and we are expecting our first child in October! YAY! We were going to be moving back to the UK after the birth however would it be preferential to move beforehand due to babys visa / citizenship? A few questions here so I'll number them! 1- If baby is born here, presume it becomes an Aussie citizen with an Aussie Passport? 2 - Does baby need a UK passport? If so, is it hard to get? Trying to work out basically if it is worth leaving pre-birth or not... 3 - What is the process with hubby and getting him a visa and eventually PR over there? He is only 26, I heard he can get a special visa as he is under 30 (or something) which makes it easier for him to work? Thanks everyone in advance! Roll on the cold Christmases (the only way to be!) Quote Link to comment Share on other sites More sharing options...
rhenny Posted April 27, 2015 Author Share Posted April 27, 2015 Also for me, do I need a returning resident visa? I have been in Aus for 4 years this Oct. Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted April 27, 2015 Share Posted April 27, 2015 Hi All I'm a UK citizen with Aussie Permanent Residency. My Husband is an Aussie and we are expecting our first child in October! YAY! We were going to be moving back to the UK after the birth however would it be preferential to move beforehand due to babys visa / citizenship? A few questions here so I'll number them! 1- If baby is born here, presume it becomes an Aussie citizen with an Aussie Passport? 2 - Does baby need a UK passport? If so, is it hard to get? Trying to work out basically if it is worth leaving pre-birth or not... 3 - What is the process with hubby and getting him a visa and eventually PR over there? He is only 26, I heard he can get a special visa as he is under 30 (or something) which makes it easier for him to work? Thanks everyone in advance! Roll on the cold Christmases (the only way to be!) Also for me, do I need a returning resident visa? I have been in Aus for 4 years this Oct. 1. If baby is born in Australia, it will be an Australian citizen automatically. If baby is born overseas, it will be eligible for Australian citizenship by descent (because of having an Australian parent) but citizenship is not automatic and must be applied for. Australian citizenship by descent can be passed to overseas born children if the parent (i.e. your child) has lived in Australia for at least 2 years. Wherever it is born, it will be a British citizen; 'Otherwise than by descent' if born in the UK (so will be able to pass British citizenship to overseas born children); 'by descent' if born in Australia (only able to pass British citizenship to UK born children). 3. The visa you have in mind is a 2 year Youth Mobility Scheme visa but I'm not sure if people with dependent children are eligible. Here's a link to info on YMS visas: https://www.gov.uk/tier-5-youth-mobility The UK requirements for spouse visas are very much more difficult to meet than those for Australian Partner visas to the extent that some poople can't get them at all even though they are in a long standing genuine relationship. https://www.gov.uk/remain-in-uk-family Baby should have passports for both countries. If you want to keep the cost down for the time being, better to get a UK passport sot that s/he will enter the UK with no restrictions. S/he will need an Australian passport if you want to come back to Australia even for a short visit. Quote Link to comment Share on other sites More sharing options...
Quoll Posted April 27, 2015 Share Posted April 27, 2015 Check your Husband's family tree - he can't get a 2 yr Youth Mobility visa because he will have a dependent with him but if he has a UK born parent he may be a citizen by descent (best option!) or if he has a UK born grandparent he can get an Ancestry visa. If none of them then does he have eligibility for any other EU passport through his parents/grandparents. If not, then I venture to suggest you may be screwed! For a spouse visa you (as the sponsor) have to show evidence of an income of £18.5k+ or savings of £62k - it's a very draconian ruling for people in your position. Otherwise, it probably doesn't really matter where the baby is worn citizenship-wise Ozmaniac has described it all beautifully. The child will end up with both just more paperwork one way or the other. The other thread for you to read would be the sticky on here about what if one of you wants to leave Aus and the other doesn't! Good luck with your new little family! Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted April 27, 2015 Share Posted April 27, 2015 (edited) Hi All I'm a UK citizen with Aussie Permanent Residency. My Husband is an Aussie and we are expecting our first child in October! YAY! We were going to be moving back to the UK after the birth however would it be preferential to move beforehand due to babys visa / citizenship? A few questions here so I'll number them! 1- If baby is born here, presume it becomes an Aussie citizen with an Aussie Passport? 2 - Does baby need a UK passport? If so, is it hard to get? Trying to work out basically if it is worth leaving pre-birth or not... 3 - What is the process with hubby and getting him a visa and eventually PR over there? He is only 26, I heard he can get a special visa as he is under 30 (or something) which makes it easier for him to work? Thanks everyone in advance! Roll on the cold Christmases (the only way to be!) Also for me, do I need a returning resident visa? I have been in Aus for 4 years this Oct. 1. If baby is born in Australia, it will be an Australian citizen automatically. If baby is born overseas, it will be eligible for Australian citizenship by descent (because of having an Australian parent) but citizenship is not automatic and must be applied for. Australian citizenship by descent can be passed to overseas born children if the parent (i.e. your child) has lived in Australia for at least 2 years. Wherever it is born, it will be a British citizen; 'Otherwise than by descent' if born in the UK (so will be able to pass British citizenship to overseas born children); 'by descent' if born in Australia (only able to pass British citizenship to UK born children). 3. The visa you have in mind is a 2 year Youth Mobility Scheme visa but I'm not sure if people with dependent children are eligible. Here's a link to info on YMS visas: https://www.gov.uk/tier-5-youth-mobility The UK requirements for spouse visas are very much more difficult to meet than those for Australian Partner visas to the extent that some people can't get them at all even though they are in a long standing genuine relationship. https://www.gov.uk/remain-in-uk-family Baby should have passports for both countries. If you want to keep the cost down for the time being, better to get a UK passport so that s/he will enter the UK with no restrictions. S/he will need an Australian passport if you want to come back to Australia even for a short visit. Edited April 27, 2015 by Ozmaniac Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted April 27, 2015 Share Posted April 27, 2015 I didn't answer your question about a Resident Return visa. Your permanent Partner visa is valid for re-entry to Australia for 5 years from the date of grant. Before that date, you can re-enter Australia on it and can stay forever if you wish - your PR visa doesn't expire just because the 5 years is up. After the 5 year point, you can only enter Australia as a PR if you have a Resident Return visa. When you apply for an RRV, if you have spent at least a total of 2 years (doesn't need to be an unbroken 2 years) out of the 5 years immediately before applying in Australia on a permanent visa (time spent on a temporary/provisional visa doesn't count for this purpose), you will have no trouble getting a 5 year RRV - just apply, and you'll get it. If you have spent less than a total of 2 years out of the 5 years immediately before applying in Australia on a permanent visa, you should still be able to get a 1 year or 3 month RRV but they are not granted automatically. With an Australia partner, you shouldn't have much trouble getting one of the shorter RRVs but they're somewhat more difficult to get than the automatic 5 year version. http://www.immi.gov.au/Visas/Pages/155-157.aspx RRVs The time to apply for an RRV will be either when you want to come to Australia if that is outside the 5 year mark, or, if you're not ready to return, when you are still eligible for the 5 year version i.e. when counting back, you can still say that you have spent 2 years out of the previous 5 in Australia as a PR. One further point which may influence your decision on where to have the baby... If you will have been in Australia for 4 years in October, you will be eligible to apply for citizenship provided you have spent no longer than 12 months in total outside Australia since October October 2011 including no more than 90 days in the year immediately before applying (i.e. since October 2014). Having citizenship is of course preferable to having to mess about with RRVs. Quote Link to comment Share on other sites More sharing options...
rhenny Posted April 27, 2015 Author Share Posted April 27, 2015 I didn't answer your question about a Resident Return visa. Your permanent Partner visa is valid for re-entry to Australia for 5 years from the date of grant. Before that date, you can re-enter Australia on it and can stay forever if you wish - your PR visa doesn't expire just because the 5 years is up. After the 5 year point, you can only enter Australia as a PR if you have a Resident Return visa. When you apply for an RRV, if you have spent at least a total of 2 years (doesn't need to be an unbroken 2 years) out of the 5 years immediately before applying in Australia on a permanent visa (time spent on a temporary/provisional visa doesn't count for this purpose), you will have no trouble getting a 5 year RRV - just apply, and you'll get it. If you have spent less than a total of 2 years out of the 5 years immediately before applying in Australia on a permanent visa, you should still be able to get a 1 year or 3 month RRV but they are not granted automatically. With an Australia partner, you shouldn't have much trouble getting one of the shorter RRVs but they're somewhat more difficult to get than the automatic 5 year version. http://www.immi.gov.au/Visas/Pages/155-157.aspx RRVs The time to apply for an RRV will be either when you want to come to Australia if that is outside the 5 year mark, or, if you're not ready to return, when you are still eligible for the 5 year version i.e. when counting back, you can still say that you have spent 2 years out of the previous 5 in Australia as a PR. One further point which may influence your decision on where to have the baby... If you will have been in Australia for 4 years in October, you will be eligible to apply for citizenship provided you have spent no longer than 12 months in total outside Australia since October October 2011 including no more than 90 days in the year immediately before applying (i.e. since October 2014). Having citizenship is of course preferable to having to mess about with RRVs. Thanks everyone for your comments, Sorry on this question I didn't correctly ask it, do I need a Return Resident Visa for the UK? I will not be coming back to Aus for anything other than a holiday! Quote Link to comment Share on other sites More sharing options...
rhenny Posted April 27, 2015 Author Share Posted April 27, 2015 Check your Husband's family tree - he can't get a 2 yr Youth Mobility visa because he will have a dependent with him but if he has a UK born parent he may be a citizen by descent (best option!) or if he has a UK born grandparent he can get an Ancestry visa. If none of them then does he have eligibility for any other EU passport through his parents/grandparents. If not, then I venture to suggest you may be screwed! For a spouse visa you (as the sponsor) have to show evidence of an income of £18.5k+ or savings of £62k - it's a very draconian ruling for people in your position. Otherwise, it probably doesn't really matter where the baby is worn citizenship-wise Ozmaniac has described it all beautifully. The child will end up with both just more paperwork one way or the other. The other thread for you to read would be the sticky on here about what if one of you wants to leave Aus and the other doesn't! Good luck with your new little family! He does have an English Grandma, however sadly not alive anymore. Does this help us with an Ancestry Visa? Yes the Youth Mobility Visa is the one we have heard of, seems like a good plan for us, however pre-birth from the sounds of it. Looking like we may be speeding up the move! Quote Link to comment Share on other sites More sharing options...
Quoll Posted April 27, 2015 Share Posted April 27, 2015 (edited) He does have an English Grandma, however sadly not alive anymore. Does this help us with an Ancestry Visa? Yes the Youth Mobility Visa is the one we have heard of, seems like a good plan for us, however pre-birth from the sounds of it. Looking like we may be speeding up the move! He wont be able to stay on the Youth Mobility because he will have a dependent child!!!! Not the one to go for! Yes, his UK born grandmother is the key! He can apply for an Ancestry visa which will be much better for him - he will need documentation showing the descent and he can get a copy of her birth cert if he doesnt already have one then his parent's certs which show the relationship to her. Much easier! He can get certs from the GRO if he doesnt have them - her BC (and marriage cert?), his parents' BC showing the relationship and his BC https://www.gro.gov.uk/gro/content/certificates/ No, you're a citizen with a UK passport, you wont need any kind of visa to return to your home country. However, if you have been in Aus for long enough I would go for citizenship - keeps all your options open eg if your DH decides he needs to return to Aus at some point and you decide you want to go with him. Edited April 27, 2015 by Quoll Quote Link to comment Share on other sites More sharing options...
rhenny Posted April 27, 2015 Author Share Posted April 27, 2015 He wont be able to stay on the Youth Mobility because he will have a dependent child!!!! Not the one to go for! Yes, his UK born grandmother is the key! He can apply for an Ancestry visa which will be much better for him - he will need documentation showing the descent and he can get a copy of her birth cert if he doesnt already have one then his parent's certs which show the relationship to her. Much easier! He can get certs from the GRO if he doesnt have them - her BC (and marriage cert?), his parents' BC showing the relationship and his BC https://www.gro.gov.uk/gro/content/certificates/ No, you're a citizen with a UK passport, you wont need any kind of visa to return to your home country. However, if you have been in Aus for long enough I would go for citizenship - keeps all your options open eg if your DH decides he needs to return to Aus at some point and you decide you want to go with him. Damn, just found out it was great grandparent and not grandparent, so that won't work. What a shame that the Youth Mobility will get cancelled Would it not just get re-assessed? Any other ideas anyone? Will be very hard for me to get a job as I will be a young mum, try and save the 60,000 GBP which is a lot!:arghh: Quote Link to comment Share on other sites More sharing options...
Quoll Posted April 27, 2015 Share Posted April 27, 2015 Damn, just found out it was great grandparent and not grandparent, so that won't work. What a shame that the Youth Mobility will get cancelled Would it not just get re-assessed? Any other ideas anyone? Will be very hard for me to get a job as I will be a young mum, try and save the 60,000 GBP which is a lot!:arghh: In that case unfortunately it possibly isn't going to happen. He would have to leave once the baby is born. Any other European ancestry that could get him an EU passport? Can your family "gift" you the savings? It is truly a horrid situation they have put regular young Poms in (and usually young women who want to return to family). I have a friend who is on the spouse visa and has to jump through hoops to get it renewed regularly. There is also a catch that neither of them can access any benefits - not that they want any - so I don't know how that goes for Family Allowance. May I suggest you talk to a Migration Agent to see if there are any routes in. all the best! Quote Link to comment Share on other sites More sharing options...
kellmer Posted May 1, 2015 Share Posted May 1, 2015 Hey Rhenny We have recently started thinking about going back too, are you leaving from anywhere near the Sunshine Coast? Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.