Visa/Citizenship Confusion
 

Right. Been staring at the site and forms for so long my head's spinning and I hope someone can clarify this for me. I acquired citizenship by descent - I have the citizenship certificate and will be toodling up to London to get my passport as soon as my doctor finishes the guarantor bits of the form. The question is - what do I do about my wife and son - apply for a visa or citizenship? Catherine has no Australian links beyond being married to me so I think she applies for a visa and then gets citizenship after two years - correct? My son Josh wasn't born when I was granted citizenship but since I haven't been resident in Australia for two years I don't he qualifies for citizenship yet, so do I apply for a separate visia for him or put him on my wife's? Any help and two aspirin greatly appreciated :)

Re: Visa/Citizenship Confusion
 

Oooo im not sure - i have been an aussie citizen for 23 years or so so my kids have their aussie cit by descent even though they have never been but i spent 14 years in oz... ... i reckon you will have to apply for a spouses visa for your wife which i have been researching on and it takes around 5-14 days to be granted as long as you have all your medicals and paperwork sent in firsthand.

As for your baby i dont know!

Re: Visa/Citizenship Confusion
 

Not sure about your son, but your wife will apply for Spouse visa which is a relatively easy process. As you have a child, she will get PR right away and can apply for citizenship within 2 years.

I am sure others will be able to answer in more detail.

Good luck

Hels

Re: Visa/Citizenship Confusion
 

Hutch

I'm in the same boat as you

From what I'v read you will have to apply for a spouses visa. Your son should be added to this.

I need to also start the process and apply for a passport for myself and a spouses visa for my wife and kids.
Where did you get the application form for your Ozzy passport.

Any I see you only live down the road from me ( Chipping Sodbury)

Thanks
Jon

Re: Visa/Citizenship Confusion
 

And we're down the road too near Cirencester. Mass exodus from this neck of the woods!

Hutch, come and collect your aspirin any time! :D

Binbird

Re: Visa/Citizenship Confusion
 

Cool

When and where are you hoping to go in Oz.

jon

Re: Visa/Citizenship Confusion
 

Question: When?
Answer: When the bl***y house sells! :D

Question: Where?
Answer: Sydney (ish)!

Visa granted 2 weeks ago - would love to head out there in May and if not possible by then deffo by 1st October or we will have to waste some money validating and 5 airfares don't come cheap!

You?

Binbird

Re: Visa/Citizenship Confusion
 

Ok I could be wrong but my ex was granted citizenship when he was very young(about 6/7 yrs old) He has lived in the UK for the last 9 years and our daughter is 7 years old- born in UK (she has never lived in Oz ... yet :rolleyes: )

She was granted citizenship by descent....with no problem. Children of citizens are automatically entitled to it- regardless. I am (almost)positive :D

Re: Visa/Citizenship Confusion
 

Well, you can download a PDF from the immigration site and print it out yourself, but I actually phoned the embassy up and spoke to a guy in the passport office who sent an official one out - it arrived the next day which I thought was pretty impressive.


And yea, we're in Nailsworth - nice spot we have here, but we fell in love with Australia and we have plenty of family out there to ease the transition. I guess it helps that my wife gets on well with my parents and that they dote on my son Josh. We're just in the process of booking our flights for a two month stay (all of Dec and Jan) - bloody good deals around at the moment. Going through Dial-A-Flight we got £1450 for the two adults/one child with Cathay Pacific, which is a good thousand pounds cheaper than the last trip, although admittedly we left that late (booked July for Xmas!!) with Malaysian Airways. Only 10 months till we're out there again and I can seriously start looking into business premises and the like. :D

Re: Visa/Citizenship Confusion
 

The house market does seem to be picking up around here at the moment.

Best of luck with the sales anyway

Re: Visa/Citizenship Confusion
 

I'm afraid you are only correct if the parent is Australian by birth or naturalisation. If the parent is Australian by descent then he or she needs to have lived in Australia for two years.

This is to stop Australian citizenship passing indefinitely down the generations without ties to Australia being maintained.

Form 118 makes this very clear.

If your ex is a naturalised Australian then the 2 year residence requirement does not apply. Even if he was a citizen by descent, it sounds like he lived there for longer than that period anyway.

Jeremy

Re: Visa/Citizenship Confusion
 

As you are a citizen by descent and have not lived in Australia for 2 years your son does not qualify for citizenship by descent.

Just include him as part of your wife's spouse visa. As long as you have been together for 2 years she will get a PR visa straight away (as will your son) and they can both become Australian citizens after 2 years in Australia.

Jeremy

Re: Visa/Citizenship Confusion
 

When you have proof of citizenship you can sponsor your wife. Check out booklet 1 on www.immi.gov.au/allforms. Your son gets added to your wifes application. JAJ will be able to help you determine if your son is eligible to be registered as an Australian citizen. You should obtain a separate passport for your son.

As you have a child your wife should get PR if you have been partners for 2 years or more. To be eligible for citizenship you must have spent 2 years in the previous 5 as a PR in Australia.

I suggest reading the above booklet and the relevant forms from the link and come back with more detailed questions. Most of the info is in there.