Ken Wong Posted May 15, 2016 Share Posted May 15, 2016 Hi, I am a Australia PR and currently stay in Malaysia for work. As of today I just find out that my girlfriend who is also in Malaysia is pregnant. I am planning to get married asap and apply for the partner visa (subclass 309/100) offshore. But i think there isnt enough time for the application to be processed. Besides, the another problem I foresee is the health check requirement where X-ray is to be performed (NOT recommended for pregnant woman). While the visa is being processed and if she enters Australia to give birth, is she considered as a foreigner and has to pay the high medical fees ? Another question is will the child be granted citizenship automatically? I need some advise on how to go along with this. Any useful inputs/solutions are greatly appreciated, thanks. Regards, Kenneth Link to comment Share on other sites More sharing options...
Pommie Posted May 15, 2016 Share Posted May 15, 2016 The citizenship of your child will follow the citizenship of the parents (presumably the mother in this instance), so even if the baby is born in Australia (and hence has an Australian birth certificate), the baby will still have a Malaysian passport. Its not like America.... Normally, for partner visa's you need to demonstrate that you have spent time in a 'true' relationship (shared bank accounts, bills, etc), however I am not sure if it applies to PR visa holders or whether you would need to be a citizen. Link to comment Share on other sites More sharing options...
Bungo Posted May 15, 2016 Share Posted May 15, 2016 Hi, I am a Australia PR and currently stay in Malaysia for work. As of today I just find out that my girlfriend who is also in Malaysia is pregnant. I am planning to get married asap and apply for the partner visa (subclass 309/100) offshore. But i think there isnt enough time for the application to be processed. Besides, the another problem I foresee is the health check requirement where X-ray is to be performed (NOT recommended for pregnant woman). While the visa is being processed and if she enters Australia to give birth, is she considered as a foreigner and has to pay the high medical fees ? Another question is will the child be granted citizenship automatically? I need some advise on how to go along with this. Any useful inputs/solutions are greatly appreciated, thanks. Regards, Kenneth No she is not going to get the partner visa before the baby is born, it takes longer than that to process and as you mention she can't do medicals either. She would not just be "considered" a foreigner in Australia, she clearly will be one! So yes there would be medicals bills to pay unless Malaysia has a reciprocal agreeemnt with Australia. I would think it makes far more sense for her to have the baby in Malaysia, then add it onto the partner visa application and the baby will get a visa when she does. If the baby were to be born in Australia then it would be a citizen as one parent has PR. However arriving into Australia newly married and pregnant and on the wrong visa is not a risk I would like to take. Link to comment Share on other sites More sharing options...
Pommie Posted May 15, 2016 Share Posted May 15, 2016 Bungo is correct about the baby being entitled to citizenship if one of the parents holds PR... that was a new one on me... you learn something new each day as they say... Link to comment Share on other sites More sharing options...
MaggieMay24 Posted May 16, 2016 Share Posted May 16, 2016 If she's applied for a 309 visa, she can enrol in Medicare as many people have successfully done this. It may be useful to have your baby born as an Australian citizen since it saves applying for a child visa later. Link to comment Share on other sites More sharing options...
AJ Posted May 16, 2016 Share Posted May 16, 2016 Bungo is correct about the baby being entitled to citizenship if one of the parents holds PR... that was a new one on me... you learn something new each day as they say...Only if it is born in Australia. Link to comment Share on other sites More sharing options...
Slawka Posted May 16, 2016 Share Posted May 16, 2016 Only if it is born in Australia. AJ is correct, only baby born in Australia to parent who has PR will get citizenship. Link to comment Share on other sites More sharing options...
Ken Wong Posted May 24, 2016 Author Share Posted May 24, 2016 If she's applied for a 309 visa, she can enrol in Medicare as many people have successfully done this. It may be useful to have your baby born as an Australian citizen since it saves applying for a child visa later. Hi Maggie, thanks for the info about the 309 visa, I will have a look on the immigration website to delve in deeper for info. Link to comment Share on other sites More sharing options...
Ken Wong Posted May 24, 2016 Author Share Posted May 24, 2016 thanks everyone for the great inputs, I may consider having the baby being born in Australia to save the hassle of applying visas later. Link to comment Share on other sites More sharing options...
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