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309 visa - with baby


Lauren L

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Hey guys,

First time aussie living in the uk and married to a Brit! We are looking at starting the 309 visa process for my wife so we can move back to Oz (I’m an Aussie on a uk partner visa). 

My question is-

we are looking to have a baby in the next 12-14 months but not sure how it will go with her visa application and I will be having the baby (yes we are both female :) ). 

1. If I am pregnant before we lodge application do we have to advise them?

2. If I conceive after the application is lodged do we have to inform them?

3. If the baby is born in the uk is it an easy process to get the child Australian citizenship and an Australian passport?

 

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Your child will qualify for citizenship by descent, which is a pretty straightforward process.

As far I being pregnant is not a question anywhere, but if you were waiting for the visa and had a baby you would update your application to say so, attached copy birth certificate as this obviously adds weight to your relationship, and depending on how long you have been together might help you get the 100 straight away (between 2-3 years).

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5 minutes ago, Jon the Hat said:

I would seriously suggest you get naturalised as a British Citizen before you move as it will only get harder and more expensive.

Hi Jon,

Thanks for your reply 🙂

Unfortunately I cant get naturalized as i'm only within the 1st 2.5 years of the UK spouse visa... 

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3 minutes ago, Lauren L said:

Hi Jon,

Thanks for your reply 🙂

Unfortunately I cant get naturalized as i'm only within the 1st 2.5 years of the UK spouse visa... 

If you are married you only need 3 years in the UK, and you don't have to intend to stay in the UK either.  Worth thinking about if you are thinking of moving only 6 months before then.

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2 minutes ago, Jon the Hat said:

If you are married you only need 3 years in the UK, and you don't have to intend to stay in the UK either.  Worth thinking about if you are thinking of moving only 6 months before then.

I first came here on a working visa landed on 30th September 2016 then got the partner visa in June 2018.. so does the  time on the working visa count or only the partner visa?

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5 minutes ago, KitCat said:

I’m in the same position as you Lauren L, and also was originally on a work visa from Nov 14 (received my partner visa in Dec 17). Unfortunately, none of that previous time counts. 

It sux doesn’t it!! Lol

we just can’t wait for the 5 years to get indefinite leave to remain so I can get naturalised then move back to OZ - miss the lifestyle and money !! 😆

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