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-   -   PR, going back to the UK & having children query (https://britishexpats.com/forum/australia-54/pr-going-back-uk-having-children-query-571222/)

ChazB Nov 4th 2008 11:16 pm

PR, going back to the UK & having children query
 
Hi All,

I've been reading the forums for a few years on and off now, since emigrating from the UK to Australia, sponsored by my company, over 3 years ago. It's a great source of info and inspiration, although sometimes a worry too, but that's the nature of forums I guess....

Anyway I am posting a question that I hope someone can help with, perhaps someone has been in the same situation or wondered about the same thing as I cannot find the answer easily on the Australian immigration or citizenship websites:

Me & my partner both have Australian PR, since Nov 2007. We are leaving Nov 2008 to go back to the UK to live and work for approximately 12 months, perhaps a bit less (to enable us to apply for Aus citizenship within the following year after we return). However my query relates to having children in the UK whilst we are out of Australia but still on PR with the intention to return. Does the child become a citizen of Australia automatically or a Permanent Resident or just a UK citizen - who we would then need to obtain an Australian visa for before returning?

Thanks in advance,
ChazB.

goldchoccycoin Nov 5th 2008 3:05 am

Re: PR, going back to the UK & having children query
 
If the child is born in the UK then you will need to apply for a visa for the child (child sponsored).

The kid is only a Aus Citizen if born in Aus.

Good luck.

JAJ Nov 5th 2008 5:10 am

Re: PR, going back to the UK & having children query
 

Originally Posted by ChazB (Post 6941097)
Me & my partner both have Australian PR, since Nov 2007. We are leaving Nov 2008 to go back to the UK to live and work for approximately 12 months, perhaps a bit less (to enable us to apply for Aus citizenship within the following year after we return).

If you validated your visas after 1 July 2007, then it's 4 years.

Even if you still come under the 2 year rule, last day to apply under that system is 30 June 2010.

ChazB Nov 6th 2008 9:08 pm

Re: PR, going back to the UK & having children query
 
Thanks for the replies. I will check out about the child visa.

We validated our PR just after grant in late Nov 2007, but arrived in Oct 2005 on a 457 visa. So in total we have been here 3 years, 2 years of which were on a 457, and one year with PR. Does this have any significance for citizenship do you know? Or do we need to live here for one more year before we can apply?

goldchoccycoin Nov 6th 2008 9:55 pm

Re: PR, going back to the UK & having children query
 
Hi Chaz, you will come under the new rules for Citizenship (me too).

If you have spent 3 years here in total, you only need one more year of residence for citizenship - so you were correct initially.

There is a residence calculator on www.citizenship.gov.au

JAJ Nov 7th 2008 1:50 am

Re: PR, going back to the UK & having children query
 

Originally Posted by ChazB (Post 6947737)
Thanks for the replies. I will check out about the child visa.

It's all in booklet 2 but remember that rules can be changed anytime to make it more difficult. There are also health criteria for the child, so nothing can be guaranteed.


We validated our PR just after grant in late Nov 2007, but arrived in Oct 2005 on a 457 visa. So in total we have been here 3 years, 2 years of which were on a 457, and one year with PR. Does this have any significance for citizenship do you know? Or do we need to live here for one more year before we can apply?
Residence requirements are at http://www.citizenship.gov.au ... some of the time as temporary resident may count.

Be aware that if you leave and subsequently return, you may find that you re-set the 4 year clock to zero.


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