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Guest DanOh

Can non-Migrating dependent join us later?

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Guest DanOh

Any advice appreciated!! Am moving to Aus with new wife and baby, however I also have 14 year old child who lives with his mother, who won't let him have a medical. That's bearable as it doesn't affect my emigrating (she's done declaration) but I was keen that he might have the choice to join us later. Anyone had a similar issue and found a way through?? Getting his mother to agree to anything would be very hard.

 

Would he, if he wanted to join (and I had citizenship) be judged as an individual?

Does having half his family Perm Res make any difference?

Is it best if he joins us before he's 18? He's with his mum til 16.

 

Thank you, first post please excuse any obvious errors.

 

D

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Guest DanOh

hi,

 

thanks, quick update as I tried to discuss with his mother that a simple medical now (its not invasive) would be beneficial (....in that it would at least give him choices) at a later date and was met with a barrage of abuse/anger etc.

 

given that I'm trying to arrange for him to visit at the end of the year and don't want her to suddenly say (after I've booked a flight) that he can't come...and this hold up had already caused me to put my flight back a month (wife and baby have flown ahead) I've decided that we'll have to cross that bridge when we come to it if he ever wants to join us, sadly.

 

another detail that might make a difference is that my wife is australian.

 

good luck with your situation, post any advice if you can!

 

D

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If the ex refuses to allow a medical and refuses to sign the form to say she has refused a medical, you can write a stat dec stating those facts. It won't negatively impact your application.

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Guest Mary Cockerill

Hi DanO. Sorry to hear of the issues that you are experiencing. If your ex wife is Australian and was born in Australia then your son is eiligible to be registered as an Australian and obtain his own Australian passport. I am not sure of all the legalities and he may have to wait until he is 18 to register by himself. If the ex digs in and refuses to work with you, she may well just be shooting herself in the foot beacause your son may just turn around at 18 and say 'bye bye now I can do this on my own'. I get so angry when there is 1 parent that just doesn't want to work in 'the best interests of the child'. I do hope that you find an answer that everyone is happy with. Regards

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Guest Gollywobbler

Hi DanOh

 

another detail that might make a difference is that my wife is australian.

 

This is not a detail. It is crucial to whether or not your son is an Australian Citizen by descent. If he is, then his mother is quite right to tell the Aussie Government to shove off as far as demanding a medical for him is concerned, albeit that there are more effective and tactful methods of putting that point across than by screaming at you!

 

Australian Citizenship – Becoming an Australian Citizen

 

Is your ex an Australian Citizen by birth? Has she lost that Citizenship since then?

 

Even if she has lost her Aussie Citizenship and has no wish to reclaim it (which she now can) that might not affect her child's right to claim Australian Citizenship by descent anyway.

 

The Citizenship Act has recently been changed. It used to be possible to claim Citizenship by descent but I am not sure whether that is still the case. The best people to ask are Australia House in London. The people who deal with Citizenship issues there are very clued up and very helpful.

 

Ask in the Immi section of British Expats as well. "Is my son an Australian Citizen by descent?" Please use that heading because you need to attract the attention of JAJ. JAJ is Jeremy Jenkins:

 

Profile | George Lombard Consultancy Pty. Ltd.

 

JAJ is a walking textbook on Aussie Citizenship and on the Citizenship of several other countries as well. His chances of being right about the relevant law in relation to your son are higher than the Aussie Government's chances of being right if the new Citizenship legislation affects your son.

 

Cheers

 

Gill

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Hi Gill,

I reckon the OP's son would be a citizen by descent,Sec 15A of the Citizenship Act 2007 says :

You may be eligible to become an Australian citizen under this Subdivision in 2 situations:

you were born outside Australia on or after 26 January 1949 and a parent of yours was an Australian citizen at the time of your birth: see subsection 16(2); or

• you were born outside Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949: see subsection 16(3).

You must make an application to become an Australian citizen. The Minister must approve or refuse you becoming an Australian citizen.

You must be eligible to be an Australian citizen to be approved.

The Minister may be required to refuse your application on grounds relating to:

• non‑satisfaction of identity: see subsection 17(3); or

• national security: see subsections 17(4) to (4B); or

• cessation of citizenship: see subsection 17(5).

You will be registered if the Minister approves you becoming an Australian citizen.

You do not become an Australian citizen, even if the Minister approves you becoming an Australian citizen, unless a parent of yours was an Australian citizen at a particular time: see section 19A.

 

 

I believe that the test to determine whether the child is a citizen by descent would hinge on the citizenship status of the parent at the date of the childs birth,,I don't believe there is a requirement that an applicants parent be a current citizen so even if the mother had renounced/lost citizenship then in my view,having studied the act fairly rigorously over the last few years,the con would still be eligible to claim citizenship by descent.

Cheers

Jo


You may as well give cherries to a pig as advice to a fool.

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I read that as his wife (current) is Australian in which case that would have little to nothing to do with his son and he would not be a citizen by descent as she isnt his mother. Perhaps that needs to be cleared up

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Excellent point Quoll,glad you picked that up because I had missed it.

Cheers

Jo


You may as well give cherries to a pig as advice to a fool.

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