Jump to content

Giving birth in Aus on a 457 visa?


RDB

Recommended Posts

Hi, please can anyone advise on this who perhaps has similar experience...

I am British my decent, (born in Zimbabwe) so the only way I can pass British citizenship onto a new born child is if he/she's born in the UK. 

We have been living in the UK for 3 years and plan to move to Aus on a 457 visa. Our intention is to try for a baby while living in Aus.

Do you know whether the baby would be able to get British Citizenship if born in Aus? I know that the baby would be added to our 457 visa if born there, but was wondering whether I could get him/her a Brit passport.

It would have been more straight forward if I was born in the UK, as I know then the baby would definitely be eligible....however that's not the case

Many thanks

 

Link to comment
Share on other sites

That's an interesting one. 

On the surface you're correct in that the baby won't be British.

And the baby certainly won't qualify initially for an Australian passport as you're only here on a temp visa.  

What nationality is the other parent? Will the baby qualify for a Zimbabwean passport?

I think there are various safeguards to ensure the baby won't be stateless - but not sure what they are. Hopefully someone more knowledgable will respond.

 

Link to comment
Share on other sites

Thanks for your reply Nicky. 

The Zim side of things is complicated and I seriously doubt that I would be able to get the baby a Zimbabwean passport, as they regard me as an 'alien' since my mom was born in England (even though I was born in Zimbabwe), so not even I am regarded as a Zimbabwean citizen by the Zim govt. (as I said...its complicated) 

Also, because I lived out of Zimbabwe for more than a year (now 3 years in UK), I have lost my Zimbabwean residency and to visit my family I have to pay for a visa. 

My husband, again, is born in Zimbabwe, but because his mother was born in Germany (but she's British, as was during the war), he is also regarded as an alien and had to get a South African passport (through his dad's ancestry).

So, my worry is that the child will be stateless.

Anyone else had this problem? or perhaps know which govt body in the UK I could write to?

Thanks in advance

Link to comment
Share on other sites

I wonder if contacting the UK immigration department would shed any light.

Tbh I’d be seeking proper legal advice as this is too big an issue to risk being given incorrect info on a forum.

One scenario, if your child would be stateless if born in Aus would be that you try to have a child in the UK. A 457 is a temp visa only remember. 

Link to comment
Share on other sites

1 hour ago, snifter said:
1 hour ago, snifter said:

I wonder if contacting the UK immigration department would shed any light.

Tbh I’d be seeking proper legal advice as this is too big an issue to risk being given incorrect info on a forum.

One scenario, if your child would be stateless if born in Aus would be that you try to have a child in the UK. A 457 is a temp visa only remember. 

Thanks for advice - Yes might have to go that route of finding legal advice. Was just hoping perhaps someone had gone through similar experience. Will see if I can contact UK Immigration. Not pregnant at this stage - just wanted to understand the options.

Coming back to have baby in UK not a feasible option as no close family here that I could impose on to that extent, and unable to delay as job lined up in Aus for hubby.

 

Link to comment
Share on other sites

On 1/8/2018 at 20:02, RDB said:

I am British my decent, (born in Zimbabwe) so the only way I can pass British citizenship onto a new born child is if he/she's born in the UK.

 

On 1/8/2018 at 20:02, RDB said:

Do you know whether the baby would be able to get British Citizenship if born in Aus?

Haven't you answered your own question?  If the only way you can pass British citizenship onto the baby is if s/he is born in the UK, then that would mean you cannot pass citizenship onto them if they are born in Australia.

Link to comment
Share on other sites

19 hours ago, MaggieMay24 said:

 

Haven't you answered your own question?  If the only way you can pass British citizenship onto the baby is if s/he is born in the UK, then that would mean you cannot pass citizenship onto them if they are born in Australia.

In theory yes, however the law may extend further than my understanding of it, and/or furthermore protect against statelessness.

I am now pursuing legal advice.

Please delete this post.

Edited by RDB
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...