RDB Posted January 8, 2018 Share Posted January 8, 2018 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 Quote Link to comment Share on other sites More sharing options...
NickyNook Posted January 8, 2018 Share Posted January 8, 2018 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. Quote Link to comment Share on other sites More sharing options...
RDB Posted January 8, 2018 Author Share Posted January 8, 2018 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 Quote Link to comment Share on other sites More sharing options...
Guest Posted January 8, 2018 Share Posted January 8, 2018 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. Quote Link to comment Share on other sites More sharing options...
barker Posted January 8, 2018 Share Posted January 8, 2018 Contacting the UK sounds like a good plan. If I were in your shoes, I would do anything I could to give my child UK over Zimbabwe citizenship, to make their lives easier in the future. 1 Quote Link to comment Share on other sites More sharing options...
RDB Posted January 8, 2018 Author Share Posted January 8, 2018 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. Quote Link to comment Share on other sites More sharing options...
CivCdn Posted January 8, 2018 Share Posted January 8, 2018 Did you check your eligibility for a PR visa? If you were to become a permanent resident before the child was born, they would automatically become a citizen. 1 Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted January 9, 2018 Share Posted January 9, 2018 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. Quote Link to comment Share on other sites More sharing options...
RDB Posted January 10, 2018 Author Share Posted January 10, 2018 (edited) 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 January 10, 2018 by RDB Quote Link to comment Share on other sites More sharing options...
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