Dzamburu

Dear all,

We are on 457 and we applied for 176 (all documents are finalized except wife's x-ray). We're expecting baby next month. We are from HR country and my baby must wait for citizenship there about 12 months and after that she can get new passport. We can't put baby in our passports without citinzenship. She will get automatically 457 but where they gonna put sticker and how I can complete 1022 form if I haven't got passport for baby. I don't know how she can leave Australia without passport as well. And finally, what's gonna happen with our 176 visa? Are they gonna finalize our 176 visa without baby's passport or I should wait another year + new medicals.. etc?

Thanks everyone

Dorothy

Why does your baby have to wait 12 months to get a passport from the country of his/her citizenship? Surely if you are citizens of a country your child would be a citizen of that country too.

Dzamburu

Yes by the law. But administration is other story. I must register baby first in book of citizens (timeframe is couple of months) after that to apply to citizenship certificate (again couple of months) and finally for passport 2-3 weeks. And to prove that we are citizens we need to provide citizenship certificates but not older than 6 months (our certificates are older than 6 months and we need to get new ones as well).. Nigtmare

George Lombard

Hi DZ,

I doubt your 176 visas can easily be granted without there being a passport for the baby, but haven't seen this particular situation before, and would be arguing for them to put the visa label on a "visa evidence card" and hoping for mercy...

Cheers,

George Lombard

JAJ

Problem is that without a passport, baby cannot travel anywhere.

It might be simpler - if more expensive - to have the baby do medicals etc, and be declared on the application as a non-applicant. Rest of the family go offshore for 176 grant and on return, lodge a Child visa onshore (subclass 802) for the baby.

Of course, if no-one else can look after baby then mother is also stranded onshore - same strategy usually, but instead the application onshore would be for a Spouse visa. Hopefully they'd be together 2+ years so could get an immediate 801 visa.

George Lombard

Not sure how it would go with declaring the baby a non-applicant, but it's true that the child would need a passport to go offshore to collect the subclass 176 visa and there would need to be someone to care for the child in Australia while mum is overseas.

Cheers,

George Lombard

JAJ

Unclear why DIAC would have any problem with child and/or spouse as a non-applicant provided the reason was explained and medicals etc. were done.

I thought it happened a lot in the opposite situation, onshore PR applicant with an offshore spouse/child.
Another possible option would be if the employer could sponsor for ENS, this could be done onshore.

Is an x-ray a problem late in pregnancy? If so, wife could do x-ray now and even if she couldn't travel, husband could and if he came back as a PR before child was born, child would be an Australian citizen. Only spouse would need a visa then.

Original poster, if he or she doesn't want to wait a year, might well wish to consider finding a good agent to negotiate through one of these solutions.