Weneedsomesun Posted December 29, 2015 Share Posted December 29, 2015 Hi guys hopefully someone can advise us on what to do. My wife is a citizen by decent and I have a permanent resident visa. I got my visa last year. We where planning on moving to Australia this year but my wife found out she was pregnant back in March so we only went to Australia start my visa. Our beautiful daughter was born on the 5th December this year so moving out to Australia is back on the table. We want to go out there October November time. We thought we would be able to get our daughter citizenship through decent. This isn't an option as my wife hasn't lives in Australia for 2 years. What are our options? Link to comment Share on other sites More sharing options...
toOZ2012 Posted December 29, 2015 Share Posted December 29, 2015 If she has a UK passport then just bring her over as a visitor and apply for a 802 visa? Or if you want to do it before you come then 101 visa. https://www.border.gov.au/Trav/Visa-1/802- https://www.border.gov.au/Trav/Visa-1/101- Potential complication with the onshore route but people have done it before without any hassle - http://www.pomsinoz.com/forum/migration-issues/155682-anyone-entered-australia-newborn-lodged-802-visa-while-onshore-we-all-have-pr175.html Link to comment Share on other sites More sharing options...
Weneedsomesun Posted December 29, 2015 Author Share Posted December 29, 2015 So with been on the phone to the Oz embassy in London today. They have told us as my with already had her Australian passport before the birth of our daughter she is entitled to citizenship through decent. Find this all very confusing as we are now filling out online forms on immigration and they are asking for dates my wife was in Australia. Link to comment Share on other sites More sharing options...
Nemesis Posted December 29, 2015 Share Posted December 29, 2015 So with been on the phone to the Oz embassy in London today. They have told us as my with already had her Australian passport before the birth of our daughter she is entitled to citizenship through decent. Find this all very confusing as we are now filling out online forms on immigration and they are asking for dates my wife was in Australia. Beware,Immigration Helpines only know the basics. Call centre staff aren't taught to answer more complex queries. The form for citizenship by descent here - http://www.border.gov.au/forms/Documents/118.pdf clearly says. If you were born outside Australia on or after 26 January 1949,you may be eligible for Australian citizenship by descent if atleast one person who was your parent at the time of your birthwas also an Australian citizen at the time of your birth. If yourAustralian citizen parent was a citizen by descent or full Hagueadoption, then that parent must have spent at least 2 years inAustralia before you make your application Link to comment Share on other sites More sharing options...
MaggieMay24 Posted December 29, 2015 Share Posted December 29, 2015 I think you were given incorrect information on the phone. Your daughter would not be eligible for citizenship by descent so you'd need to apply for a child visa for her. Link to comment Share on other sites More sharing options...
wrussell Posted December 29, 2015 Share Posted December 29, 2015 So with been on the phone to the Oz embassy in London today. They have told us as my with already had her Australian passport before the birth of our daughter she is entitled to citizenship through decent. Find this all very confusing as we are now filling out online forms on immigration and they are asking for dates my wife was in Australia. There is no Australian embassy in London. That aside, did you ask to have the advice reduced to writing? If you receive incorrect advice, it would not help you much to have it in writing, but 'they' might be more careful about giving it. Link to comment Share on other sites More sharing options...
Weneedsomesun Posted December 30, 2015 Author Share Posted December 30, 2015 We are going to phone the Oz embassy in London located on the strand in the centre of London also called high commission as the UK and Australia are both commonwealth country's again today. Thanks for everyone's help. Seems the situation is only going to get more confusing if there staff don't understand there own rules. Link to comment Share on other sites More sharing options...
Quoll Posted December 30, 2015 Share Posted December 30, 2015 I agree with the others (my son is in the same position) - need to prove you have had 2 yrs residence as a CbD before you can pass it on Link to comment Share on other sites More sharing options...
Weneedsomesun Posted December 30, 2015 Author Share Posted December 30, 2015 The lady on the phone kept talking about my wife's Australian passport. She said because she already had it our daughter could get citizen through decent. Link to comment Share on other sites More sharing options...
Sammy1 Posted December 30, 2015 Share Posted December 30, 2015 The lady on the phone kept talking about my wife's Australian passport. She said because she already had it our daughter could get citizen through decent. Personally, I would ask a migration agent for the proper advice. Your wife is an Australian by descent only and the baby was born outside of Australia - I believe that is where the issue may be. If the baby had been born here then the baby would automatically be an Australian anyway because you have PR also. This is just a forum though and advice may or may not, be correct. Ask the people who really can give you the right advice so you don't go in the wrong direction visa wise etc. Link to comment Share on other sites More sharing options...
blossom Posted December 30, 2015 Share Posted December 30, 2015 The help lines are notorious for giving out incorrect advice. They have cost people their visas before and there is nothing those people could do. Go by what is down in black and white. Link to comment Share on other sites More sharing options...
Nemesis Posted December 31, 2015 Share Posted December 31, 2015 The lady on the phone kept talking about my wife's Australian passport. She said because she already had it our daughter could get citizen through decent. Read the information on the form for applying for citizenship by descent. That tells you the rules in black and white, your wife cannot pass on her citizenship. The lady on the phone is a call centre operator for the Australian High Commission. She does not have training in all the little nuances of visas and citizenship. If you want a cast-iron correct answer from a person rather than from the immigration website then talk to a registered agent. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.