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LB93

Help Getting Newborn Back to Aus

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Hi everyone,

 

Looking for a bit of insight, I know the issue I have is pretty specific but wondering if anyone could offer some guidance.

 

Myself (British citizenship who has PR in Aus till 2023, 801 visa) and my wife (aus citizen) moved back to the UK at the end of last year just to see how life was after living in aus for 6 + years (couldn’t have picked worse timing lol). We ended up having a baby boy in September here.

 

Now we have decided that things aren’t looking too great here, and are going to make the move back to Aus. This is where things get complicated due to the little one.

 

We have applied for his citizenship by decent, but looking online the processing times are looking at 7+ months for 90% of applications, and then we would need to apply for his aus passport which is further waiting, and we were looking at going back to aus at the end of the year as we aren’t in a very good position here (living with parents due to not being able to secure a house because covid).

 

We have gotten his UK passport already, so my question is can we travel to aus with him using his UK passport, and get a visitor visa while his citizenship by decent is approved? Ive looked on the immi website and it looks as if this is possible but feeling a bit lost with it all and looking for some insight.

 

I should also mention i have tried to get in touch with the consulate in london for some advice but having difficulty getting through to them, so have sent an email last week but no reply. 

 

Thanks in advance for any help.

 

Cheers

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You can apply for a visa but you’d also need a travel exemption with the visa.
We recently returned to Australia with our kids British passport and their citizenship by descent documents and no issues with them entering Australia. Just Incase the citizenship doc comes through sooner. 


Applied from London - 6th September 2019 

Medical uploaded 17th Jan

AFP clearance uploaded 27th Jan 

UK police clearance uploaded 23rd March 

Australian husband - together 10 years, married 7.
2 children with dual citizenship. 
 

Travel exemption and visitor visa granted July 2020, arrived in Australia September 2020.

 


 

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1 minute ago, lepea said:

You can apply for a visa but you’d also need a travel exemption with the visa.
We recently returned to Australia with our kids British passport and their citizenship by descent documents and no issues with them entering Australia. Just Incase the citizenship doc comes through sooner. 

Hi there

 

Thanks for the reply, good to know we can sort passports out when we get there, glad we got his british one done as quick as we did. 

 

Regarding the visa, looking on the "You had a baby" page of the immi website it states:-

 

Other passports

A baby who may be eligible for Australian citizenship (but has not yet acquired Australian citizenship by descent) can travel on a visa to Australia on a passport issued by another country. This may be done as long as the baby is not confirmed by us to be an Australian citizen. You could consider bringing the baby to Australia on a visitor visa, for example.

You can still apply for citizenship by descent for your baby in Australia, if your baby has already travelled to Australia on a visa.

 

Does this mean we can get an Evisitor visa if we arrive in Jan, then have a 3 month valid visa there and hopefully his citizenship by decent comes through? 

That is if he doesn't get his citizenship before Jan which doesn't seem likely. 

 

Thanks for the reply!

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7 hours ago, LB93 said:

Does this mean we can get an Evisitor visa if we arrive in Jan, then have a 3 month valid visa there and hopefully his citizenship by decent comes through? 

 That is if he doesn't get his citizenship before Jan which doesn't seem likely.

Pretty much. But as mentioned above, in the current environment, you need to get the visa and the travel exemption so you can get on the plane.  


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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Are they even issuing visit visas at the moment?


So many wineries ......so little time :yes:

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9 hours ago, paulhand said:

Pretty much. But as mentioned above, in the current environment, you need to get the visa and the travel exemption so you can get on the plane.  

Hi there 

 

Thanks for the reply. Looks like this is what we will do then. If the citizenship doesn't come through within the 3 months that he is on a visitor visa will we need to leave aus and come back to get another 3 months? 

 

Cheers 

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1 hour ago, rammygirl said:

Are they even issuing visit visas at the moment?

Hi there 

 

Im not exactly sure but im guessing since my wife is a citizen and im a resident and we are looking at returning permanently, we would get an exemption. Im going to get onto the consulate here in the UK and get some answers, i was just wondering if anyone had been in a similar situation before, going over with a UK born son before te citizenship by decent was issued. 

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2 hours ago, rammygirl said:

Are they even issuing visit visas at the moment?

Yes they are ... if you have a travel exemption. 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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For anyone interested, we applied for a visitor visa and an exemption at the same time, both came through 2 days later. Going to book flights for Jan when prices aren't as crazy and hope that it doesn't get cancelled. 

 

Thanks for all the advice everyone! 

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On 30/10/2020 at 05:56, LB93 said:

For anyone interested, we applied for a visitor visa and an exemption at the same time, both came through 2 days later. Going to book flights for Jan when prices aren't as crazy and hope that it doesn't get cancelled. 

 

Thanks for all the advice everyone! 

Good luck with the flights! That's really useful information, thanks. I'm in a sort of similar situation (baby not born yet though!) so will bookmark this for future reference as may need to take the same route. 

Safe travels back to Australia. Hoping we can get over there next year!

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