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Well we are now proper prisoners in Australia now!

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Old Oct 20th 2005, 2:32 pm
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Default Re: Well we are now proper prisoners in Australia now!

Originally Posted by JAJ
The point about 'voiding' your PR visas is absolute nonsense - it can't happen. And if you have PR then the child is a citizen and Australian citizens cannot apply for, be granted or hold Australian visas.

It's right in one sense however, you will need an Australian passport to get the child back into Australia (if it's a citizen). Get that now, as well as a British passport.

Since your child's birth certificate proves nothing about citizenship, and you've already encountered at least one Australian who believes that he's not a citizen because you're not, also get your child a citizenship certificate. It will save hassles later on, if the passport is lost:
http://www.immi.gov.au/allforms/pdf/119.pdf

All this shows that an overseas consulate is not the right place to get advice on Australian immigration and citizenship matters. The fact it may be staffed by Australians proves nothing.



Jeremy
Wow, thanks Jeremy. We are going to get him an Australian passport now and thanks for the link to the citizen certificate we will get that done too.
We arn't experts in this field and so rely on what were told by the consulate, unfortunately they don't all sing from the same hymm sheet. We have had nothing but contradictory advice since we got here. Thanks again at least you seem to know what your on about.
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Old Oct 20th 2005, 3:27 pm
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Default Re: Well we are now proper prisoners in Australia now!

[QUOTE=ladylisa]
Originally Posted by arkon
Also Our marrage certificate is from the British virgin islands and also clearly does not compute. I mean what box can you tick for that one?


Sounds like a case of 'computer says no' my sympathies to you. I had the same problems last year when the US embassy in London lost my passport and refused to acknowledge they had lost it. I was therefore stuck in the UK and my husband in the US for weeks. Very long winded and stressful situation indeed. The only reason it was sorted out in the end is that my FIL had a friend that was an MP he made a few calls and hey presto all sorted.


That old phrase - Its not what you know but who you know - springs to mind!

Great you hd it sorted out though.

ARKON, I so feel for you going through this.
Cross fingers for you.
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Old Oct 20th 2005, 3:37 pm
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Default Re: Well we are now proper prisoners in Australia now!

Originally Posted by arkon
Wow, thanks Jeremy. We are going to get him an Australian passport now and thanks for the link to the citizen certificate we will get that done too.
We arn't experts in this field and so rely on what were told by the consulate, unfortunately they don't all sing from the same hymm sheet. We have had nothing but contradictory advice since we got here. Thanks again at least you seem to know what your on about.
There is a fee for the Certificate of Evidence of Australian Citizenship, I think it's AUD55 or so. Check on form 990i:
http://www.immi.gov.au/allforms/pdf/990i.pdf

Don't get confused with the AUD120 fee for grant of Australian citizenship, it doesn't apply in cases where one is Australian from birth.

For an Australian passport: http://www.passports.gov.au


Make sure you do pursue the British passport application for your child. It's the only way you're going to be able to be sure he really is a British citizen.

Most children born to UK parents overseas are automatically British but there are exceptions, and if he were one of the exceptions it would be important to apply for citizenship before the time limit to do so expired. Some people get a very bad surprise later on when they discover their child is not a citizen and it's too late to fix.

And leaving this scenario aside, it's a lot easier to gather together the documentation to prove's he's British now rather than at some time in the future. Once a full validity British passport is issued, getting future British passports will be much easier.



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Old Oct 21st 2005, 2:32 am
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Default Re: Well we are now proper prisoners in Australia now!

Originally Posted by JAJ
There is a fee for the Certificate of Evidence of Australian Citizenship, I think it's AUD55 or so. Check on form 990i:
http://www.immi.gov.au/allforms/pdf/990i.pdf

Don't get confused with the AUD120 fee for grant of Australian citizenship, it doesn't apply in cases where one is Australian from birth.

For an Australian passport: http://www.passports.gov.au


Make sure you do pursue the British passport application for your child. It's the only way you're going to be able to be sure he really is a British citizen.

Most children born to UK parents overseas are automatically British but there are exceptions, and if he were one of the exceptions it would be important to apply for citizenship before the time limit to do so expired. Some people get a very bad surprise later on when they discover their child is not a citizen and it's too late to fix.

And leaving this scenario aside, it's a lot easier to gather together the documentation to prove's he's British now rather than at some time in the future. Once a full validity British passport is issued, getting future British passports will be much easier.



Jeremy
Thanks again, Were waiting for his new photos to be signed by a JP we know in the UK now so we can try and continue with the UK passport app. We can't apply for the Australian one yet as the consulate has all our documents!

I'll keep you all posted on how this pans out.
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Old Oct 21st 2005, 9:29 am
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Default Re: Well we are now proper prisoners in Australia now!

Originally Posted by arkon
Today we got a call from the british high commision which seems fully staffed by Aussies and they want somone who has known our 3 month old son for 2 years to counter sign the back of the photos. Also Our marrage certificate is from the British virgin islands and also clearly does not compute. I mean what box can you tick for that one? As a result we are having a right ding dong trying to get him a UK passport, Then we were asked what did we want a passport for him anyway!!!! I mean WTF has it got to do with them! We explained it was so we could visit a dying relative and I think the consulate then begrudingly said so long as we can get someone that has known us for 2 years to counter sign then he can have one. We have only been here 10 months so we need to now send the photos home to somone who has never seen him to counter sign the photos and send them back to us. What a load of tosh!! Then the consulate threw another spanner in the works by saying "of course you won't be able to bring him back into australia without a visa and if you get him a visa it will void your own PR visas!!!!

So now we are having to go for an interview with some Australian pen pusher to get him an Aussie passport so that at least he can get back in without voiding ours!

It took 6 hours on the phone over 2 days to Dima and the british consulate to finally get a plan of action but as of now I don't hold out much hope.

So its now official, we are prisoners here, we can either leave and leave our son behind, or leave and not be able to get him back in, or If we muff it up and get the wrong visa for him then ours could be made void so he can come back but we can't

I've condensed the saga somewhat but you get the idea. So basically chaps if you have a baby out here and try and get him a passport, tread very carefully and watch what out for the misinformation the officials give you otherwise you could end up voiding your own visas!! :scared:
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Old Oct 21st 2005, 9:43 am
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Default Re: Well we are now proper prisoners in Australia now!

Originally Posted by arkon
Thanks again, Were waiting for his new photos to be signed by a JP we know in the UK now so we can try and continue with the UK passport app. We can't apply for the Australian one yet as the consulate has all our documents!

Why are they holding on to your documents? They should take copies and return the originals to you. I suggest you ask them to do this.




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Old Oct 21st 2005, 4:44 pm
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Post Re: Well we are now proper prisoners in Australia now!

Originally Posted by arkon

And cop for this one today the Australian handling our UK passport application started to have doubts about my wife's legitimacy for having a
a lot of foriegn consulates/embassys are largely staffed with local employees as it helps to keep costs down, i also experienced this when i got my visa last year at the american embassy in london, was actually dealt with by a english woman and could hear the women next to her was french.

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Old Oct 22nd 2005, 3:09 am
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Default Re: Well we are now proper prisoners in Australia now!

Originally Posted by antjen
a lot of foriegn consulates/embassys are largely staffed with local employees as it helps to keep costs down,
Just because they are "local" does not mean they are qualified to give advice in local immigration/nationality matters.

In fact, as a matter of principle, it's normally inappropriate for diplomatic missions to do this. Other than referring people to information resources from the local government, or reputable lawyers or community advice centres locally.




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Old Oct 22nd 2005, 6:29 pm
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Default Re: Well we are now proper prisoners in Australia now!

Originally Posted by JAJ
Just because they are "local" does not mean they are qualified to give advice in local immigration/nationality matters.
Jeremy

just because they are local, it does not mean they are not as equally able/qualified to advise on immigration/nationality matters either!!

- just because someone is british - it does not make them an expect on all matters british

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Old Oct 22nd 2005, 7:51 pm
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Default Re: Well we are now proper prisoners in Australia now!

Originally Posted by antjen
just because they are local, it does not mean they are not as equally able/qualified to advise on immigration/nationality matters either!!

- just because someone is british - it does not make them an expect on all matters british

Anthony
I think this it what Jeremy is saying though. All the Australian employees we have dealt with at the consulate don't seem to have a clue and all give advice which actually conflicts with the guy you spoke to yesterday thats sat right next to him. The don't seem to sing from the same hymm sheet. A different woman would have signed it off and approved it bassed on all the docs we gave them. But we are just plain unlucky and get the anal one.
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Old Oct 24th 2005, 1:19 am
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Default Re: Well we are now proper prisoners in Australia now!

Originally Posted by arkon
Today we got a call from the british high commision which seems fully staffed by Aussies and they want somone who has known our 3 month old son for 2 years to counter sign the back of the photos. Also Our marrage certificate is from the British virgin islands and also clearly does not compute. I mean what box can you tick for that one? As a result we are having a right ding dong trying to get him a UK passport, Then we were asked what did we want a passport for him anyway!!!! I mean WTF has it got to do with them! We explained it was so we could visit a dying relative and I think the consulate then begrudingly said so long as we can get someone that has known us for 2 years to counter sign then he can have one. We have only been here 10 months so we need to now send the photos home to somone who has never seen him to counter sign the photos and send them back to us. What a load of tosh!! Then the consulate threw another spanner in the works by saying "of course you won't be able to bring him back into australia without a visa and if you get him a visa it will void your own PR visas!!!!

So now we are having to go for an interview with some Australian pen pusher to get him an Aussie passport so that at least he can get back in without voiding ours!

It took 6 hours on the phone over 2 days to Dima and the british consulate to finally get a plan of action but as of now I don't hold out much hope.

So its now official, we are prisoners here, we can either leave and leave our son behind, or leave and not be able to get him back in, or If we muff it up and get the wrong visa for him then ours could be made void so he can come back but we can't

I've condensed the saga somewhat but you get the idea. So basically chaps if you have a baby out here and try and get him a passport, tread very carefully and watch what out for the misinformation the officials give you otherwise you could end up voiding your own visas!! :scared:

Arkon , I feel for you! Am going thru' something similar with my friends. They have been here for 10 months also and theie daughter was born in June. I signed passport photos and decleration after clarifying with Canberra that I had only known them since Jan. As long as I put a letter in stating this that was ok.Problem , UK passport denied for baby because parents aren't married(and mum British by descent ). It sounds like they are treating you guys the same way , as an unmarried couple with an "illigit" child. They are returning home in Jan. They are jumping thru' hoops too !I hope it all works out for you. Stick with it , you'll get things sorted and soon , hopefully , be on your way home.
All the best to you all,
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Old Oct 24th 2005, 1:27 am
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Default Re: Well we are now proper prisoners in Australia now!

Originally Posted by Tass
Arkon , I feel for you! Am going thru' something similar with my friends. They have been here for 10 months also and theie daughter was born in June. I signed passport photos and decleration after clarifying with Canberra that I had only known them since Jan. As long as I put a letter in stating this that was ok.Problem , UK passport denied for baby because parents aren't married(and mum British by descent ). It sounds like they are treating you guys the same way , as an unmarried couple with an "illigit" child. They are returning home in Jan. They are jumping thru' hoops too !I hope it all works out for you. Stick with it , you'll get things sorted and soon , hopefully , be on your way home.
All the best to you all,
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Thanks Tass, They now want us to post the wifes passport to them as they are having trouble believing that a scottish person is British!! I mean how stupid can you get.
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Old Oct 24th 2005, 9:11 am
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Default Re: Well we are now proper prisoners in Australia now!

Originally Posted by arkon
Thanks Tass, They now want us to post the wifes passport to them as they are having trouble believing that a scottish person is British!! I mean how stupid can you get.
Arkon
Is there any chance you can send them a copy of the "Bio" page only. It tells them all they seem to think they need to know and that way they cannot hang on to the original.As JAJ said they have no right to hold on to documents in the manner you described in an earlier posting.
Probably you cannot unless copy certified ( extra expense ) but it might be worth a try confirming with them first. Original Passports are a bit precious.
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Old Oct 24th 2005, 12:38 pm
  #29  
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Default Re: Well we are now proper prisoners in Australia now!

Originally Posted by Tass
.Problem , UK passport denied for baby because parents aren't married(and mum British by descent ).
Simple solution to this problem, if father is British born or naturalised: apply to register the child as British.
http://bhc.britaus.net/passports/pas...ult.asp?id=376


Did the consulate tell them about this?

I hope they have already made the application as there is a time limit (age 18). Furthermore, if they don't register the child as British now, he or she will need a visa to live in the UK.



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Old Oct 24th 2005, 12:52 pm
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Default Re: Well we are now proper prisoners in Australia now!

Originally Posted by JAJ
Simple solution to this problem, if father is British born or naturalised: apply to register the child as British.
http://bhc.britaus.net/passports/pas...ult.asp?id=376


Did the consulate tell them about this?

I hope they have already made the application as there is a time limit (age 18). Furthermore, if they don't register the child as British now, he or she will need a visa to live in the UK.



Jeremy
No , they were very vague. They had phoned consulate 4 times to ask questions and were never told until they went in person to lodge application and were then taken away to a side room.I had warned them after reading info you had given me before.Apparently it takes 6 months to have baby recognised and registered as the illigit child of the father and then however long after that to apply for passport.
Thanks again Jeremy,
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