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Candrews

Child visa 101

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Hello

I’m planning to move to Australia with my 7 year old daughter. I have Australian citizenship through descent. I gained this after she was born. 

Starting the child visa 101 process now. I’m doing lots of research into it and still have some questions/queries if anyone can help.

Can I apply for the child visa even though I am not living yet/have never lived in Australia?

On the 47CH form, do I put my current uk address/work/and income?

My father and brother have Australian citizenship, should I add this information to the application?


Do I need to state what job I will have when we do live to Australia? - although I’m applying and have had interest, I can’t give potential work a date when I could start yet.
 

Thanks 

 

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On 13/02/2022 at 15:49, Candrews said:

Hello

I’m planning to move to Australia with my 7 year old daughter. I have Australian citizenship through descent. I gained this after she was born. 

Starting the child visa 101 process now. I’m doing lots of research into it and still have some questions/queries if anyone can help.

Can I apply for the child visa even though I am not living yet/have never lived in Australia?

On the 47CH form, do I put my current uk address/work/and income?

My father and brother have Australian citizenship, should I add this information to the application?


Do I need to state what job I will have when we do live to Australia? - although I’m applying and have had interest, I can’t give potential work a date when I could start yet.
 

Thanks 

 

You don’t need this visa. If you are a citizen then your daughter can claim citizenship too, it takes about 3 weeks and costs AUD315 but you do need written consent from the other parent on the birth certificate. 
here’s the link https://immi.homeaffairs.gov.au/citizenship/become-a-citizen/by-descent

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25 minutes ago, emmajane0429 said:

You don’t need this visa. If you are a citizen then your daughter can claim citizenship too, it takes about 3 weeks and costs AUD315 but you do need written consent from the other parent on the birth certificate. 
here’s the link https://immi.homeaffairs.gov.au/citizenship/become-a-citizen/by-descent

That advice may not be correct. A citizen through descent (which is what the OP said he is) cannot (normally) pass on their citizenship to a child born outside Australia.

It may sound harsh but if you think about it if people were allowed to pass on their citizenship by descent indefinitely then you'd end up with a situation where there were millions of people around the world claiming to be Australian on the basis of a Great Great Great Great Grandparent despite none of their ancestors even visiting Australia for generations.

PS We needed a 101 visa for my son as he was born after our PR visa was granted and before we had moved to Australia and yes it was all done using UK address and work as that was all we had at the time.

Edited by Ken

Chartered Accountant (England & Wales); Registered Tax Agent & Fellow of The Tax Institute (Australia) www.kbfayers.com

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33 minutes ago, emmajane0429 said:

You don’t need this visa. If you are a citizen then your daughter can claim citizenship too,

I don't think that is correct, because the OP didn't get citizenship until AFTER the child was born. 

  • Like 1

Scot by birth, emigrated 1985 | Aussie husband granted UK spouse visa March 2015, moved to UK May 2015 | Returned to Oz June 2016

My new novel, A Dance With Danger, is due out August 2022

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I agree with Ken and Marisa - the explanation is in the Department's website:

You may be eligible if you were born outside Australia and one or both of your parents at the time of your birth, was also an Australian citizen.

Your parent will need to have spent at least 2 years lawfully in Australia before you apply if they became an Australian citizen:

  • by descent, or
  • by adoption outside Australia 

____________________________________________________________________

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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