Permanent Residency Queries

[Rosie Roo]

Hello,

I am in the process of applying for my residency and moving from a 457 to a 187 visa. On my application I also have my partner (also from England) and our 18month old (born in Australia).

When we (hopefully) get residency then our son will become a citizen straight away as I understand it.

For the 187 visa, I will have to stay with my employer for two years as part of the requirements and live in the regional area. I currently believe this will happen, BUT I just wanted to find out what will happen if for some reason I leave early, and consequently break the terms of my visa and go home. 

So my questions are:

- would my little boy remain a citizen, even if we were to all go home? Or would that get revoked?

- would my partner be linked to my conditions so have his visa removed too? Or are his conditions completely separate, meaning that even if my visa was cancelled, his would still stand?

- if my partner and I split up, then does his residency still stand?

I would appreciate any advice you can offer!

Thank you in advance! 

[LouDYorkie]

Hmm, this is not how I understood children were dealt with. I thought that a child would only be a citizen if WHEN THEY WERE BORN one of the parents was ALREADY a citizen or permanent resident.
You may need to verify the child’s status as it sounds like both you and your partner are temporary residents, making the child a temporary resident currently.

[Skani]

1 hour ago, Rosie Roo said:

When we (hopefully) get residency then our son will become a citizen straight away as I understand it.

A child born in Australia now acquires Australian citizenship by birth only if at least one parent  was an Australian citizen or permanent resident at the time of birth.  If he were still living in Australia on his 10th birthday  he would automatically acquire Australian citizenship.    To gain citizenship before that your son would have to be included on any application for citizenship you might make.

 

Edited April 16, 2019 by Skani

[VERYSTORMY]

As mentioned, your child won't gain citizenship on your PR. He will need to be included in any future application you make.

With regards to your husband, he is granted PR in his own right and if you were to split up and him remain, he would continue to have PR. 

[Rosie Roo]

Thank you for all you advice. It is really helpful to know.

So when the PR is accepted, is it right in saying that it is just my visa that is affected if I do not work for my employer for the two years and have to go home, but my partners and child’s visa will remain as full PR? Despite the fact that their visas are only in place due to my sponsorship?

Thanks again.

[LouDYorkie]

Thank you for all you advice. It is really helpful to know.
So when the PR is accepted, is it right in saying that it is just my visa that is affected if I do not work for my employer for the two years and have to go home, but my partners and child’s visa will remain as full PR? Despite the fact that their visas are only in place due to my sponsorship?
Thanks again.

Part of applying for the visa is based on you committing to the rules placed on you and fully intending to honour them. You appear to be concerned about not honouring them and how far any potential repercussions extend. I don’t know the answer to this, other topics on this forum have explored it though and the general consensus appears to be that this kind of activity is frowned upon at best but has unknown consequences down the line at worst.

[MaggieMay24]

20 hours ago, LouDYorkie said:

Part of applying for the visa is based on you committing to the rules placed on you and fully intending to honour them. You appear to be concerned about not honouring them and how far any potential repercussions extend. I don’t know the answer to this, other topics on this forum have explored it though and the general consensus appears to be that this kind of activity is frowned upon at best but has unknown consequences down the line at worst.

I think the OP is simply taking a sensible approach of asking about the potential impact if things don't go as planned and she ended up leaving her employer or even Australia.

[Marisawright]

20 hours ago, LouDYorkie said:

Part of applying for the visa is based on you committing to the rules placed on you and fully intending to honour them. You appear to be concerned about not honouring them and how far any potential repercussions extend. I don’t know the answer to this, other topics on this forum have explored it though and the general consensus appears to be that this kind of activity is frowned upon at best but has unknown consequences down the line at worst.

I didn't read it that way.   To me, it sounds as though she isn't convinced she wants to settle in Australia and she may end up going home, but she does not want to jeopardise her husband's visa. So she wants to know whether she can bail early, or whether she will have to stick it out until the conditions are met.  

[ali]

An important issue to consider (as you mentioned potentially splitting), once you get PR and if you and your husband ever separated then you just couldn't go back to the UK with your child without your husbands permission (and vice versa).  Sadly, a lot of people have ended up staying in Aus for the sake of being with their children because they haven't been allowed to return with their child/children, and essentially been trapped living somewhere they don't want to be.