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dependent of dependent revisited

dependent of dependent revisited

Old Jul 5th 2002, 8:53 pm
  #1  
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Default dependent of dependent revisited

Please can anyone clear up an urgent query for me?

I need to know if a (under 16 and still at school) teenage daughter who is pregnant
at the time of lodging a PR application can be regarded as a dependant?

What happens when the baby is born - could it be included in the application as a
dependant of a dependant? No other means of support, and no ongoing relationship with
the baby's father seems likely at this point.

Any advice very much appreciated - panicking at the moment...

Elaine M
(unfortunatly her original thread went a bit wayward so in case there is some one out there who can help this family, i have restarted this thread, please if you wish to talk only about morals a new thread would be a good idea. good luck elaine)
shaun and lor xxxxx
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Old Jul 5th 2002, 9:26 pm
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Default Re: dependent of dependent revisited

*small ahem* (previous reply at end of this message *done in airport announcers voice*)

I did try to be as helpful as poss... I am going through the court at the moment trying to get permission to remove my child from the country as are a few others. Every situation is unique, and only seriously general advice can be given on these situations.

I know that my reply probably got lost in the cross fire, but I have to say, no disrespect meant to you (Elaine and family as I was a teenage mum, 15 when I had my son), this has been an interesting debate and I am bitterly dissapointed that people still look at the likes of myself with disdain and disgust :-( thought there was more to worry about than a teenage pregnancy?!?!?! Alas I did not post this tread to get dragged down so I will leave it at this

Again Elaine, I wish you and your daughter (whatever she decides to do) the best of luck

Yvonne :-)

Elaine...

A person is a dependant child in the eyes of Aussie law til they are 18 (unless they are not dependant; have a job etc.) which would mean for both your daughter and her child, they would need permission from the father to permanently leave the country. If you are going with your daughters father, no prolem, but your daughters child will need this paper to say so. It can be in a form of a letter signed by the father and witnessed by a solicitor or a court order. I am not sure what the situation is if your daughter is pregnant whilst applying regarding the paper required, this will have to be answered by an expert.

Best of British to you :-)

Yvonne
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Old Jul 5th 2002, 10:00 pm
  #3  
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Default Re: dependent of dependent revisited

[QUOTE]Originally posted by shaun/lor

What happens when the baby is born - could it be included in the application as a
dependant of a dependant?
[/QUOTE

Here is a thought, get your daughter over to Oz to have the baby, baby gets Oz citezenship immediatly, no problems. :-) My youngest daughter has a US passport obtained this way, wish I had thought about it for the first child as well.
 
Old Jul 6th 2002, 12:26 am
  #4  
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Default Re: dependent of dependent revisited

> Here is a thought, get your daughter over to Oz to have the
> baby, baby gets Oz citezenship immediatly, no problems. :-)

Note that your baby will only receive Aussie citizenship immediately only if at least one of the parents is Australian or an Australian PR. Otherwise, your child is non-Australian.


> My youngest daughter has a US passport obtained this way,
> wish I had thought about it for the first child as well.

The US and Australia have different citizenship rules governing babies born on their soil. So, what works in the US cannot be assumed to work elsewhere. In this case, citizenship laws are definitely different.

Cheers,
Peter
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Old Jul 6th 2002, 8:20 am
  #5  
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Default Re: dependent of dependent revisited

Hi Shaun/lor,

If the teenage daughter has already had the medical and visa grant is imminent, you
can consider her dependent (and in fact she could be dependent even after the baby is
born if there is no marriage and no relationship to the father).

If she ends up being independent of you, there is always the remaining relative
option to consider.

You probably need to get some professional advice about this.

Cheers

George Lombard

www.austimmigration.com.au shaun/lor wrote in message
<[email protected]>...
    >Please can anyone clear up an urgent query for me?
    >
    >I need to know if a (under 16 and still at school) teenage daughter who is pregnant
    >at the time of lodging a PR application can be regarded as a dependant?
    >
    >What happens when the baby is born - could it be included in the application as a
    >dependant of a dependant? No other means of support, and no ongoing relationship
    >with the baby's father seems likely at this point.
    >
    >Any advice very much appreciated - panicking at the moment...
    >
    >Elaine M (unfortunatly her original thread went a bit wayward so in case there is
    >some one out there who can help this family, i have restarted this thread, please if
    >you wish to talk only about morals a new thread would be a good idea. good luck
    >elaine) shaun and lor xxxxx
    >
    >
    >
    >--
    >Posted via http://britishexpats.com
 
Old Jul 7th 2002, 10:20 am
  #6  
Jaj
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Default Re: dependent of dependent revisited

    >On 6 Jul 2002 01:20:07 GMT, ptlabs <[email protected]> wrote:
    >> Here is a thought, get your daughter over to Oz to have the baby, baby gets Oz
    >> citezenship immediatly, no problems.
    >
    >Note that your baby will only receive Aussie citizenship immediately only if at
    >least one of the parents is Australian or an Australian PR. Otherwise, your child is
    >non-Australian.
    >

Even if a child with Australian citizenship was taken to Australia, on an Australian
passport (in which case the question of whether a visa would be given to the child
would be irrelevant), the parent in the other country could (as far as I know) apply
to the Australian courts for the child to be returned to the former country of
residence. If the other country was party to the Hague Convention, that is.

This issue is not going to go away. With so many Australians marrying people from
overseas, some of these relationships are going to break down, and in some of
these cases, the partners are going to have a fundamentally different view of
where they want to live. And a child can only be in one place at any one time.
Hence the need for some kind of due process to resolve issues like these, however
imperfect that may be.

Where Australians are marrying people from other countries, most of the children of
such relationships will have Australian citizenship and hence the question of whether
a visa will be issued or not won't apply.

In any case, a non-custodial parent who trys to block his child from being taken to
Australia risks becoming estranged from the child anyway - either in the short term,
or whenever the child reaches an age where he can figure out consequences of that
objection on his own life and future.

    >
    >> My youngest daughter has a US passport obtained this way, wish I had thought about
    >> it for the first child as well.
    >
    >The US and Australia have different citizenship rules governing babies born on their
    >soil. So, what works in the US cannot be assumed to work elsewhere. In this case,
    >citizenship laws are definitely different.

Although until 19 August 1986, Australia did have the same basic rule in this respect
as the US.

Jeremy
 

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