Still Game

Hi

So we're going to be applying for a partner visa over the next year. Our child (born in UK) will obviously be part of our application. Would it be better however to obtain a passport for our child instead? I know the long run it's much better to have a passport (and not to have to ever worry about visas) however would it be better to include include them in our application and then apply for a passport later down the track?

As far as I can see you have to register for citizen by descent first and then the passport vs adding a child to the partner visa? Have to apply for citizenship first ?

I had also heard you can register the child's birth in Australia, however not sure if that would make the visa/passport easier or not? Anyone know what this entails and if this a better option?

Sorry, been reading through reams of pages on the internet and eyes a bit crossed... the answer is probably staring me in the face I just can't see it

oh edit: also (now that I've gotten over the big jump in partner fees!) also wondering if, once you apply for a partner visa, could my OH start applying for jobs etc..? When would the bridging visa kick and do you have to apply for this separately?

Many thanks

Bermudashorts

If you mean that the child is an Australian citizen, then they do not need a visa and you should not be applying for a visa for them. They would indeed get a passport if they want to travel.

If the visa is lodged onshore amd the applicant is there on another substantive visa, then a bridging visa will kick in when the current visa expires.

Pollyana

If I remember rightly, you're an Aussie? So you are sponsoring your sposue for a visa? If your partner applies onshore then the bridging visa willkick in when their current visa runs out. The bridging visa would have full working rights and they can start applying for jobs whenerver they like.
If applying offshore they aren't eligible for a bridging visa.
And yes, the kiddie needs an Aussie passport, not a visa.

Still Game

Ok thanks both, glad I checked! Yes, I was born in Oz and have a passport (been in UK for 15 years and also have a British passport).

Our daughter isn't a citizen however - she was born in the UK and we haven't applied for anything for her yet - aside from a British passport (and a visa to enter Oz last year on a holiday).

So I'm guessing I need to apply for citizenship for her and then her passport.

In conjunction apply for spouse visa passport. Let's say we move to Oz, on a short holiday visa for my OH and we apply onshore, that will allow the bridging to kick in and he can apply for jobs once there, have I understood correctly?

Still Game

Sorry, another question. I've just read that by the child (baby) becoming a citizen, the responsible parent also becomes Australian citizen by descent. I read it on another forum, currently searching the correct website for info, no luck so far.

Would this mean my British husband could also become an Aussie citizen by descent by applying for our child?

BritInParis

None of that makes any sense I'm afraid so, no, your and your husband's citizenship status won't be affected by your child becoming an Australian citizen by descent.

How and when did you become a British citizen?

Still Game

My citizenship was never mentioned nor is it an issue.

What I actually read on another forum is if a child successfully applies for citizenship, then then the responsible adult (ie the adult responsible for the child) also becomes an Australian citizen. As mentioned am searching for this on the official website however for clarification.

Why does it matter re when I became a British citizen and the reason behind? Does that impact??

BritInParis

You stated that the responsible parent becomes an Australian citizen by descent. Presuming you and your husband are still happily married and your child hasn't been taken into care that would be you and your husband. My comment was that neither you nor your husband's citizenship would be affected. You wouldn't become an Australian citizen by descent if you're an Australian citizen by birth and your husband wouldn't become an Australian citizen at all. There's little point searching for official clarification because it's nonsense.

Australian nationality law restricted dual nationality prior to 4 April 2002. If you obtained your British citizenship before this date then how you obtained it is important as certain actions could have caused you to lose your Australian citizenship in which case your child would be ineligible for Australian citizenship by descent and you would not be able to sponsor your husband for an Australian partner visa.

Still Game

Ahh I understand. My second post was more correct, ie: I didn't mean to write 'responsible parent will be citizen by descent' rather 'responsible parent will become citizen'. I see that that now probably means if that sole parent was responsible for that child. No, we're happily married and hope to always be so! The forum I read that from obviously is incorrect.

Actually, am I a British citizen? Perhaps mistakenly I thought by obtaining a British Passport that I became a citizen.. however, perhaps I am not. I obtained a passport in 1999 (father is from the UK). I'm now hugely worried I've lost my Australian citizenship?????

BritInParis

Not a problem. I'd be interested to see the context of that comment you read as it seems so far removed from reality.

A common misconception. Obtaining a passport doesn't make you a citizen - you need to be a citizen in order to obtain a passport.

If your father was born in the UK and he was married to your mother at the time of your birth then you would have been born a British citizen. If that's the case then there's no danger of you having lost your Australian citizenship. You will need to provide your full Australian birth certificate as evidence of how you obtained your British citizenship for both your husband's Partner visa application and your child's application for Australian citizenship by descent.

Still Game

In Australia? Really?

My father moved to Oz when he was 6 from the UK. Then later in life married my mother and I was born and brought up in Australia. in 1999 I obtained a British Passport to travel in the UK for a bit and basically stayed.

Phew... re citizenship! I was almost crying then ! So basically I have an Aussie passport (born and bred) and a UK passport (through my father). You're saying I still have citizenship in Australia and don't in the UK. Have I got that right?

Thanks for your info, really helpful.

BritInParis

I'm saying you have both. You have dual citizenship. An Australian citizen by birth and a British citizen by descent. As your acquisition of British citizenship was involuntary and you were a minor at the time then it doesn't affect your Australian citizenship.

Still Game

Ok thank you. You really had me incredibly worried there for a sec! So, just in case anyone else is reading, we can apply for citizenship by descent for her and thus a passport. However, my British hubby will need a spouse visa.

flashmarsh

Hi

we have just done this. My husband is Australian, I am British and we have a daughter born in the UK. We applied for citizenship by descent for her which took about a month and then we applied for an Australian passport which took about 3 weeks (although you have to lodge the application in person). We have then applied for a spouse visa for me. Hope that helps

Still Game

Thank you flashmarsh, definitely helpful. Where are you heading to?