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Guest linseyj

What will our baby be classed as? Pom, Aussie or Kiwi??!!

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Guest linseyj

:wub:Can anyone work this one out, as both me and my OH cant, and neither could the CO who granted our visa last week......

Ok, so I am British, my partner is a kiwi, but been in oz 25 years, not got citizenship or anything.

I am on a subclass 820 spouse visa........when our baby is born early next year no-one seems to know if it will be a British, Aussie or Nz citizen!! What passports can it have?!!

Not a major issue but am curious to know if this has happened to anyone else and if anyone knows the answer!!!!

 

Thanks

 

Linz

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Guest Working to fish

Not ozzie for sure ,they will let you know that as the years go by.

 

 

eddie:err::tongue:

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Guest linseyj

But if my OH got his citizenship, which he has been meaning to do for about 15 years(!) before bub is born, would that mean it could get auz citizenship etc, dont fancy going through the whole visa process again next year!!

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Guest Working to fish
But if my OH got his citizenship, which he has been meaning to do for about 15 years(!) before bub is born, would that mean it could get auz citizenship etc, dont fancy going through the whole visa process again next year!!

 

Um bit over my head this one :unsure:

 

eddie

 

best i leave for some one who knows what they are talking about :yes:

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Guest linseyj

Thats why I asked the CO at the immi offices on weds.............and even she didnt know!!

 

Will see if any other pomsinoz boff's can help! :)

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Guest Working to fish
Thats why I asked the CO at the immi offices on weds.............and even she didnt know!!

 

Will see if any other pomsinoz boff's can help! :Cheers for calling me a pomsinoz boff.

 

well made up ,have been called other things in the past:elvis:

 

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Guest proud2beaussie

What we really need to know is whether your partner has permanent residency,if he does,and the baby is born in Australia it will be entitled to Australian citizenship and passport.

As you are British then as far as I am aware it would also be entitled to a British passport as well.

Some links here.

Eligibility for a British passport through your mother, partner or where you live : Directgov - Travel and transport

Citizenship by birth

There is special rules for children born to New Zealand citizens which are detailed on the page in the secnd link.

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Guest brummie39

Hiya,

 

Heres my story. My dad is english, mum is dutch, both lived in australia when i was born but not permanant at time, and Im an aussie. It goes on country of birth.

I belive at some point in babys life, they may get dual nationilty, which i have, Aussie/english.

My son was born england, and he has dual. Aussie/english.

So to clarify a bit here, i belive it to be the place of birth, which is what i was.

Hope this is not confussing you, and may help.

What a lucky baby to have all this culture. Best of luck for when baby is born.

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Guest proud2beaussie

In case anyone is interested this is copied from the Immi website.

 

I was born in Australia. Am I an Australian citizen?

 

Whether you are an Australian citizen by birth depends on the date of your birth.

People born in Australia on or after 20 August 1986 become Australian citizens by birth if at least one parent is an Australian citizen or a permanent resident at the time of the person’s birth.

A child born in Australia to parents who are not permanent residents or Australian citizens acquires Australian citizenship automatically on his or her 10th birthday provided the child is ordinarily resident in Australia. Children born in Australia to foreign diplomats do not acquire Australian citizenship.

People born in Australia before 20 August 1986 became Australian citizens by birth unless one parent was entitled to diplomatic privileges and immunities or was a consular officer of a foreign country.

Children born in Australia to New Zealand citizen parents

 

Between 1 September 1994 and 26 February 2001, people born in Australia to New Zealand citizen parents became Australian citizens at birth if the parents were present in Australia as Special Category Visa holders. However, if the parents were diplomats, official guests, members of crew of an aircraft or vessel, members of the New Zealand armed forces, or the spouse or dependant relatives of such persons, the child did not become an Australian citizen.

From 27 February 2001, people born in Australia to New Zealand citizen parents generally do not become an Australian citizen at birth unless at the time of the birth one of the New Zealand citizen parents:

 

 

  • had been granted a permanent resident visa; or
  • had become an Australian citizen; or
  • was in Australia on 26 February 2001 as the holder a Special Category Visa; or
  • was outside Australia on 26 February 2001 but had been in Australia as a holder of a Special Category Visa for a period totalling one year in the two years before that date; or
  • had a Centrelink certificate, issued under the Social Security Act 1991, stating that the person was, for the purposes of the Act, residing in Australia on a particular date. These certificates are no longer issued.

 

More information is available.

See:

Fact Sheet 17 New Zealanders in Australia

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Guest linseyj
What we really need to know is whether your partner has permanent residency,if he does,and the baby is born in Australia it will be entitled to Australian citizenship and passport.

As you are British then as far as I am aware it would also be entitled to a British passport as well.

Some links here.

Eligibility for a British passport through your mother, partner or where you live : Directgov - Travel and transport

Citizenship by birth

There is special rules for children born to New Zealand citizens which are detailed on the page in the secnd link.

 

 

He reckons he has permanet residency as he came over here in 1984 from Nz, his mum and brothers are citizens but he just never got round to it!

The baby will be born in Australia, I really dont mind what citizenship he/she has, just think it would be great to have dual so it wont have to go thro all the visa business when he/she grows up and maybe decides to fly accross the pond!!

 

Confused!!

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Guest proud2beaussie

Your partner should contact DIAC and ask for a certificate certifying his residency status.

http://www.immi.gov.au/allforms/pdf/164.pdf

That will clarify the issue once and for all,if he does have PR it does not matter if he is a citizen as your child will still be a citizen.

If he isn't a pr then he probably comes under the special category visa anyway.

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Guest linseyj

Thanks for that Nigel, thought we were all done with DIAC!! Oh well!!

 

Either way the bub is the best news ever and we cant wait till march!! Will get the OH to sort it out soon!

 

Thanks for the advice, knew I would get more sense on here than anywhere else!

 

Have a safe trip to the homeland, I am off there myself in 2 weeks to surprise everyone, and now to surprise them again with our news!!!

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Guest Working to fish
Thanks for that Nigel, thought we were all done with DIAC!! Oh well!!

 

Either way the bub is the best news ever and we cant wait till march!! Will get the OH to sort it out soon!

 

Thanks for the advice, knew I would get more sense on here than anywhere else!

 

Have a safe trip to the homeland, I am off there myself in 2 weeks to surprise everyone, and now to surprise them again with our news!!!

 

No worries :err:

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Guest dudeyboy

hey, if your baby is born on oz it automatically becomes an australian citizen unless you choose otherwise, can also had dual with England if you choose, hope this helps

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My dad is english, mum is dutch, both lived in australia when i was born but not permanant at time, and Im an aussie. It goes on country of birth.

 

Thank you for this post. I'm not being personally critical, so don't take me wrong, but your post illustrates beautifully what I have been trying to tell everyone here.

 

You can't give unequivocal advice to people based upon your own experiences especially when what happened in your case was many years ago. The law changes all the time. Advice needs to be given based upon the law at the time the advice is given.

 

Nigel's post is excellent.


Les Mighalls BDS LLB(Hons) LDS FACLM, MARA Reg. No. 0639714

Migration Assistance Australia

www.migrationassistance.com.au

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:wub:Can anyone work this one out, as both me and my OH cant, and neither could the CO who granted our visa last week......

Ok, so I am British, my partner is a kiwi, but been in oz 25 years, not got citizenship or anything.

I am on a subclass 820 spouse visa........when our baby is born early next year no-one seems to know if it will be a British, Aussie or Nz citizen!! What passports can it have?!!

Not a major issue but am curious to know if this has happened to anyone else and if anyone knows the answer!!!!

 

Thanks

 

Linz

 

Your baby will have the right to citizenship by descent of the UK (because you are British);

UK Border Agency | If you were born outside the United Kingdom or a qualifying territory

 

of New Zealand (because your partner is a Kiwi):

The Department of Internal Affairs: Citizenship - Registering for New Zealand Citizenship as a Child

 

and of Australia because your Kiwi partner came here before 26th February 2001 and is therefore an Australian Permanent Resident:

Citizenship by birth

 

The British and Australian citizenships are automatic and you can apply for passports without any intermediate steps. You will have to apply for NZ Citizenship by Descent and then for a NZ passport:

http://www.dia.govt.nz/Pubforms.nsf/URL/ApplicationforRegistrationofNZCitizenshipbyDescent.pdf/$file/ApplicationforRegistrationofNZCitizenshipbyDescent.pdf

 

All 3 countries recognise dual (or triple) citizenship.

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Guest linseyj

Cool, thats great. I didnt know you could have triple citizenship!!

 

This will be one lucky baby with the world as its oyster when it grows up and may want to travel!!

 

Man, I wish one of my parents was an Auzzie and I wouldnt have had to go through all the stress of visa's etc!

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Guest proud2beaussie

I would say that there is a very good chance that by the time your child is old enough to travel the New Zealand/Australia border will be well and truly gone and therefore one passport will suffice.

There are already moves underway to classify all New Zeanland-Australia flights as domestic Australian and no immigration procedure will be needed for people taking those trips.

I expect Australia and New Zealand to have common passports within 10 years.

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