naomileah123

Hi,

I'm very confused as to whether I may be eligible for citizenship of not based on the fact that my father moved to Australia when I was 3 and became a citizen whenni was around 7 I believe. He also had a baby with an Australian national and my half brother is as such an Australian Citizen.

I'm in my final year of university and i'd like to emigrate out to my father and brother with my 3 year old son once I graduate.

Now I know if he was an Australian citizen at the point of my birth this would be very straightforward but what I want to know is, is there a way I can apply for citizenship via the fact he has been a citizen now for sort of 15+ years? Or can I apply based on the fact my half blood brother was born an Australian citizen?

Thank you!

BritInParis

No, you won't be eligible for Australian citizenship by descent if your father become a citizen after your birth.

If you're under 25 and a full time student then you could be eligible for your father to sponsor you for a subclass 101 Child visa which would make you a permanent resident of Australia. After four years of residence you could then apply to become an Australian citizen. You would need to apply before you finish university so I wouldn't waste any time if you are eligible and wish to pursue this. Processing times for subclass 101 visas lodged via London are currently minimal so if you applied in the next few weeks you could potentially emigrate as soon as you graduate. You could also include your child in the application but if you have ever been married or in a de facto relationship then you won't be eligible.

https://www.border.gov.au/Trav/Visa-1/101-

naomileah123

Is it not possible for me to apply via my brother then?

Pulaski

You will need permission from your son's father to remove your son from the UK irrespective of any agreement you have regarding custody and visitation rights, or failing that you'll need a court order, which may be far from easy to obtain.

naomileah123

He's not on the birth certificate, has only seen his son about 6 times in 3 years, doesn't pay a penny of maintenance and I doubt he'd even notice we moved lol! I've already checked with a solicitor in regards to being able to take my son.

Dorothy

It doesn't matter what the solicitor says. It matters what the Australian immigration people say. And they say that you need either permission or a court order

naomileah123

If he's not on the birth certificate can I not just fain no knowledge of who he is or his existence? I'll have to see if the solicitors can find a way around it because I know he'd try and block the move just to be an arse.

Pulaski

If you do, and if you can get around the Australian immigration requirements, which I very much doubt you can, you will live your life wondering when you'll get a court notice to appear for having abducted your son from the UK, and then face being summarily returned to the UK to appear in court because your son's father has exercised his inalienable rights to have a say in where his children live. .... There was a case of a father who had been estranged from his child for a number of years, no contact whatsoever who successfully petitioned for their child to remain in/ be returned to (I forget which) the UK. ..... In short, don't try the "I don't know" route.

naomileah123

Fabulous! It's insane a man who barely acknowledges his child can be given so much power to make decisions in his life. Looks like i'd better start looking in the best ways to ensure a judge will rule in my favour to take my son with!

verystormy

The situation with your son is irrelevant as you are not eligible for citizenship. You will need a visa in your own right. What are you studying?

Dorothy

No. You will need to qualify in your own right.

teza

As said you need to qualify in your own right and will also need permission or court order to move with your child, no matter how unfare you see it.

moneypenny20

Agreed. Sort out whether you're entitled to a Child Visa through your father and once you have that in hand, then sort out the legalities regarding your child. Not worth worrying about that at the moment.

BritInParis

The child will need to be included as a dependent on the application so that will need to sorted out before any visa can be granted.

That being said if the father is not listed on the birth certificate and there is no parental responsibility agreement or court order in place then it is unlikely that you will require the father's permission to remove the child from the UK as there is no evidence as to who the father is.