Quoll Posted May 10, 2018 Share Posted May 10, 2018 5 hours ago, Marisawright said: The rule is that the mother must be an Australian citizen at the time of the birth. But not an Australian by descent who has not lived in Australia for at least 2 years before the child is born. If the OP inherited Aus citizenship from a parent without having lived there at all then the kids will need 101 visas. 1 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted May 10, 2018 Share Posted May 10, 2018 10 hours ago, Quoll said: But not an Australian by descent who has not lived in Australia for at least 2 years before the child is born. If the OP inherited Aus citizenship from a parent without having lived there at all then the kids will need 101 visas. But the father is applying for a Partner Visa, they would go on that as dependents. Quote Link to comment Share on other sites More sharing options...
TheKeetons Posted May 10, 2018 Author Share Posted May 10, 2018 On 09/05/2018 at 00:30, snifter said: If you are an eligible Aus citizen and your kids were born in the UK you can apply for Aus citizenship by descent for them, and once you have that certificate, their Australian passports. Its a really simple process and there is no reason to have to include them on the application for a visa (and therefore pay the costs and the medicals etc for them) if they are entitled to hold Aus citizenship already. My son was born in the UK. Aus husband, I'm English. We got his Aus citizenship and Aus passport sorted before he was a few months old. I applied for a partner visa when he was 4 or 5 and we didn't include him in the application. The only reason I can think you want to skip on applying for the Aus passports etc is because you are in a real hurry to get to Aus and plan to apply onshore in a few weeks and so don't want to apply and wait for their passports to come through. TBH even if you are wanting to do this, its even more reason to get their Aus citizenship and passports sorted IMHO. If you plan to apply off shore (which is the far more reasonable, wait times are way less these days and you'd have the visa granted before you move there, whereas on shore means up to 2 years on a bridging visa and uncertainty, which is far from ideal for you all) you really should get the ball rolling on Aus citizenship and passports. I am a British lady but I have my Australian Citizenship. I thought I would have to be an Australian by decent to get my children Australian Citizenship? If I can get them a passport, do I go to the Australian High Commission in London for this? Ta, Ra Quote Link to comment Share on other sites More sharing options...
TheKeetons Posted May 10, 2018 Author Share Posted May 10, 2018 Hi - thanks to everyone for all your help. I was getting quite excited that the kids could get Citizenship automatically because their Mum is a Citizen but i’ve not lived in Australia since 2006 and i’m British and the kids were born in the UK within the last 5 years. So I thought it sounded too good to be true. Oh well. More forms. more money. Thank you. Quote Link to comment Share on other sites More sharing options...
Quoll Posted May 10, 2018 Share Posted May 10, 2018 (edited) 47 minutes ago, TheKeetons said: Hi - thanks to everyone for all your help. I was getting quite excited that the kids could get Citizenship automatically because their Mum is a Citizen but i’ve not lived in Australia since 2006 and i’m British and the kids were born in the UK within the last 5 years. So I thought it sounded too good to be true. Oh well. More forms. more money. Thank you. Were you born in Australia? If not, did you live in Australia for at least 2 years? If so, then your kids will be citizens by descent. You have to register them at the High Commission then you can apply for their passports. It doesnt matter how long you have been out of Australia for. The kids might be quite straightforward but getting visas isnt a cheap process at the best of times. https://www.homeaffairs.gov.au/Forms/Documents/118.pdf Edited May 10, 2018 by Quoll Quote Link to comment Share on other sites More sharing options...
TheKeetons Posted May 10, 2018 Author Share Posted May 10, 2018 Thank you SO much. I wasn’t born in Australia but I lived their between 2000 and 2006. I shall pursue this now at The High Commission. Thank you once again. Quote Link to comment Share on other sites More sharing options...
TheKeetons Posted May 18, 2018 Author Share Posted May 18, 2018 Hi, i’m just reading these forms and I don’t think my kids would be eligible because I got my residency/Citizenship through a previous de facto relationship and I wasn’t born in Australia. Damn. Quote Link to comment Share on other sites More sharing options...
Quoll Posted May 18, 2018 Share Posted May 18, 2018 1 hour ago, TheKeetons said: Hi, i’m just reading these forms and I don’t think my kids would be eligible because I got my residency/Citizenship through a previous de facto relationship and I wasn’t born in Australia. Damn. Were you a naturalized Australian citizen at the time of their birth? If so then they can apply for citizenship by descent. You dont need to be a citizen by descent (and if you were a citizen by descent you would have to prove 2 years residence in Australia before their birth). You keep on saying citizen by descent but I dont think that is what you mean - you mean an Australian born citizen when you talk about citizen by descent. If you were naturalized before their birth then they are eligible - did you go to your citizenship ceremony and then get your passport then have your kids - that's as good as being an Australian born citizen. Quote Link to comment Share on other sites More sharing options...
TheKeetons Posted May 18, 2018 Author Share Posted May 18, 2018 Well, thank you for clarifying things for me. Phew, it looks positive again. I should have found out what the word ‘naturalised’ meant. The only other thing I hope is ok is the fact that I lived in Australia between 1999 and 2006 and not exactly 2 years prior to the application. We are planning to go back though. Thank you SO much for clearing this up for me. ra Quote Link to comment Share on other sites More sharing options...
rammygirl Posted May 19, 2018 Share Posted May 19, 2018 Your kids are citizens by descent you are a citizen by conferral. Quote Link to comment Share on other sites More sharing options...
Quoll Posted May 19, 2018 Share Posted May 19, 2018 8 hours ago, TheKeetons said: Well, thank you for clarifying things for me. Phew, it looks positive again. I should have found out what the word ‘naturalised’ meant. The only other thing I hope is ok is the fact that I lived in Australia between 1999 and 2006 and not exactly 2 years prior to the application. We are planning to go back though. Thank you SO much for clearing this up for me. ra If you are a naturalised citizen it doesn’t matter how long you lived there and the 2 years requirement Is only if you are a citizen by descent - my son, for example is a citizen by descent because he was born in Britain of an Australian father. He lived in U.K. from 6 months - 24 years when he came to U.K. on a holiday. His son, born in London can be registered as a citizen by descent because my son spent 23 years in Aus before his birth. Your case is much more straightforward. You were naturalised, you got your passport, you had your kids, they are citizens by descent. Quote Link to comment Share on other sites More sharing options...
TheKeetons Posted July 31, 2018 Author Share Posted July 31, 2018 Lodged my Citizenship application for my boys today! Thanks y’all! Quote Link to comment Share on other sites More sharing options...
Beffers Posted July 31, 2018 Share Posted July 31, 2018 On 8 May 2018 at 06:53, TheKeetons said: Hi, I am an Australian Citizen living in England with my husband and 2 children. We could lodge my family’s ‘partner visa’ form in England and wait a year but I was wondering what would happen if we moved over with my family on holiday visas and then lodged the forms. How long would it take before my husband was able to work? Do you initially get a bridging visa that he can work on? I suppose the other risk is being rejected after you’ve moved over. Thank you for your help in advance. Rachel If your kids have citizenship by descent, then You don't include them in the application. If you went over "on holiday" you would need valid tourist visas for non Australians to enter the country and also return tickets, as the visa you'd enter on is only a tourist visa. If Immigration got wind that you were entering illegally to register a spouse application, it could result in a three year ban. Better off to apply offshore and wait it out. Processing times onshore are longer than offshore and he might have to take a job well below salary being on a bridging visa as its a risk to employers. Just things to be wary of. If you're a genuine couple with Aussie kids, I'd apply offshore and enter the country legally on a one way ticket than pretending you're on holiday , having to book return flights and all that. Quote Link to comment Share on other sites More sharing options...
wrussell Posted August 1, 2018 Share Posted August 1, 2018 (edited) It is not illegal to enter Australia on a visitor visa with a view to lodging a further application onshore. Here is the current policy statement: Intention to make a further application in Australia If an applicant applies for a visitor visa but intends to make a further visa application in Australia (whether this intention is stated or not), this does not necessarily indicate that the applicant does not intend a genuine temporary stay and is not a reason in and of itself to refuse the visitor visa. If the Regulations allow an application to be made in Australia by an FA-600 visa holder in Australia, s65 delegates should not be seeking to block this pathway. In addition, an intention to apply for a further visa in Australia does not necessarily indicate that the person will not leave Australia before the FA-600 visa ceases. The question to consider is not “will this person apply for a visa in Australia” but rather, “if this person does not apply for another visa in Australia, or if they apply and are refused, will they abide by the conditions of the visa and will they leave Australia”. The answer to this will help to determine if the applicant intends a genuine temporary stay. If there is a stated intention to apply in Australia for a visa (such as a Partner visa), s65 delegates should focus on assessing if the applicant intends a genuine temporary stay in relation to the FA-600 visa for which the person have applied – the focus is not on assessing any relationship: · The genuineness of a relationship will be assessed if and when a Partner application is made. Applying for a Partner visa in Australia is a legitimate visa pathway. · It is acceptable for a person to apply for an FA-600 visa in order to be with their partner to maintain an established relationship. · An applicant who discloses an intention to continue a relationship (or, enter into a relationship (as they have not met before)) should not be disadvantaged as a result of that disclosure Taking a fair and reasonable approach Officers should take a fair and reasonable approach to the genuine temporary stay requirement, particularly if the applicant is in a continuing partner relationship with an Australian citizen or permanent resident and/or there are children involved – refer to In a partner relationship with an Australian citizen/resident. The focus should be on the current intentions of the applicant. Consequently, the genuine temporary stay requirement can be satisfied, even if there is a possibility that the applicant might later attempt to make a further application in Australia, seek permanent residence and/or return to Australia. If the period of stay requested raises concerns about an applicant’s ability to meet the genuine temporary stay requirement, case officers should consider whether a shorter period of stay would enable them to be satisfied that the visa criteria are met. Edited August 1, 2018 by wrussell 1 Quote Link to comment Share on other sites More sharing options...
TheKeetons Posted August 1, 2018 Author Share Posted August 1, 2018 Hi Westly Russell, Thank you so much for your very helpful post. I’ve thought about this option before but the ETA tourist visa from the UK is valid for 3 months so if we were to then lodge the application visa, do we get some kind of bridging visa that my husband can work on as this is absolutely imperative, and how long would it take for them to issue the bridging visa? Do you get it on the spot at the Immigration office? I’d have to be clear on all this because when you have 2 young children, you can’t really take big risks. Many thanks and I would be hugely grateful if you could help me with the above. Kindest Regards, Rachel Quote Link to comment Share on other sites More sharing options...
wrussell Posted August 1, 2018 Share Posted August 1, 2018 A bridging visa is granted automatically and pretty well immediately upon lodgement of a valid onshore partner visa application, which must be lodged online. It is automatically activated when the stay period of the ETA expires - 3 months from entry. Quote Link to comment Share on other sites More sharing options...
TheKeetons Posted August 12, 2018 Author Share Posted August 12, 2018 Thank you. And do you know if you can work on it? Ta Quote Link to comment Share on other sites More sharing options...
wrussell Posted August 12, 2018 Share Posted August 12, 2018 That is what I do. If you want me to assess your case, please go to my website: pinoyau.com and use the contact form. Quote Link to comment Share on other sites More sharing options...
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