Go Back  British Expats > Living & Moving Abroad > Australia > Immigration, Visas & Citizenship (Australia)
Reload this Page >

457 visa for British baby born in Australia

457 visa for British baby born in Australia

Old Jun 7th 2012, 12:43 pm
  #1  
Just Joined
Thread Starter
 
Joined: Sep 2010
Location: Northern Beaches of Sydney, NSW
Posts: 18
Scimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really nice
Default 457 visa for British baby born in Australia

Hi there

I have a 10 month old baby who was born here in Australia. We have a British passport for her. We are about to travel back to the UK on a holiday visit, and wanted to make sure she had a visa for re-entry into Australia. The rest of us have 457 visas sponsored by my husband's work.

My husband's company have passed this on to their immigration agents, who appear to be treating it as a new visa application - they are asking us for stuff like copies of everyone's passports, birth certificates, two photos of her, proof that she is on our health insurance.

We don't have private medical insurance, we just have our reciprocal Medicare cards and I haven't even got round to getting her added on, but I can go to an office tomorrow to get that done.

However my main question is - do we have to provide all this? Isn't she just automatically granted a visa because we already have one?

(This is based on section 78 of the migration act as quoted by immigration advisers on this forum.)
http://www.austlii.edu.au/au/legis/c...58118/s78.html

If I go to a DIAC office myself would I be able to get it sorted out or would I still have to provide all the things the immigration agents are asking for?

Thanks so much in advance.
Scimum is offline  
Old Jun 7th 2012, 1:35 pm
  #2  
Lost in BE Cyberspace
 
Bermudashorts's Avatar
 
Joined: Feb 2009
Location: UK
Posts: 14,284
Bermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond repute
Default Re: 457 visa for British baby born in Australia

Yes it is my understanding that she assumes same visa that you have as temporary isa holders.
Bermudashorts is offline  
Old Jun 7th 2012, 1:41 pm
  #3  
Just Joined
Thread Starter
 
Joined: Sep 2010
Location: Northern Beaches of Sydney, NSW
Posts: 18
Scimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really nice
Default Re: 457 visa for British baby born in Australia

That's cool, but what would I have to do to make sure she really has one? If I turn up at a DIAC office with birth certs, passports and copies of our visas, do you think they'd be able to verify it straight away?

The immigration agent has sent a list of stuff, plus a couple of forms for my husband to fill in, and said they were submitting the application by post rather than online and it would take 3-4 weeks to be processed.

Is it possible they don't know about this law (even though it's their job to know)?
Or they are just trying to make money out of us?
Or do they know something we don't?
Scimum is offline  
Old Jun 7th 2012, 1:55 pm
  #4  
HMP Queensland
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,397
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: 457 visa for British baby born in Australia

Originally Posted by Scimum View Post
That's cool, but what would I have to do to make sure she really has one? If I turn up at a DIAC office with birth certs, passports and copies of our visas, do you think they'd be able to verify it straight away?

The immigration agent has sent a list of stuff, plus a couple of forms for my husband to fill in, and said they were submitting the application by post rather than online and it would take 3-4 weeks to be processed.

Is it possible they don't know about this law (even though it's their job to know)?
Or they are just trying to make money out of us?
Or do they know something we don't?
If you have an agent then he/she should be able to check with DIAC for you. DIAC won't deal direct with you anyway if you have appointed an agent.
Pollyana is offline  
Old Jun 7th 2012, 2:05 pm
  #5  
Just Joined
Thread Starter
 
Joined: Sep 2010
Location: Northern Beaches of Sydney, NSW
Posts: 18
Scimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really nice
Default Re: 457 visa for British baby born in Australia

Originally Posted by Pollyana View Post
If you have an agent then he/she should be able to check with DIAC for you. DIAC won't deal direct with you anyway if you have appointed an agent.
That's a pain I was hoping we might be able to sort it out quicker without the agent.

Now the fun bit will be going to the Medicare office without a visa for her, and trying to get her added onto our Medicare card. I guess I could print out the migration act and see if they will accept that!
Scimum is offline  
Old Jun 7th 2012, 2:09 pm
  #6  
HMP Queensland
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,397
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: 457 visa for British baby born in Australia

Originally Posted by Scimum View Post
That's a pain I was hoping we might be able to sort it out quicker without the agent.

Now the fun bit will be going to the Medicare office without a visa for her, and trying to get her added onto our Medicare card. I guess I could print out the migration act and see if they will accept that!
Unfortunately if DIAC have an agents name on the application they have to deal with that agent
Pollyana is offline  
Old Jun 7th 2012, 2:19 pm
  #7  
BE Forum Addict
 
elice_in_oz's Avatar
 
Joined: Feb 2010
Location: Amongst Melbourne's tall gum trees
Posts: 1,323
elice_in_oz has a reputation beyond reputeelice_in_oz has a reputation beyond reputeelice_in_oz has a reputation beyond reputeelice_in_oz has a reputation beyond reputeelice_in_oz has a reputation beyond reputeelice_in_oz has a reputation beyond reputeelice_in_oz has a reputation beyond reputeelice_in_oz has a reputation beyond reputeelice_in_oz has a reputation beyond reputeelice_in_oz has a reputation beyond reputeelice_in_oz has a reputation beyond repute
Default Re: 457 visa for British baby born in Australia

Originally Posted by Scimum View Post
That's a pain I was hoping we might be able to sort it out quicker without the agent.

Now the fun bit will be going to the Medicare office without a visa for her, and trying to get her added onto our Medicare card. I guess I could print out the migration act and see if they will accept that!
Medicare should have no problem with adding her as she is your dependent. You are on the reciprocal agreement and so she is. All you need is her Australian birth certificate.

About the visa, I can'tbremember providing as much info and paperwork as you've been asked for for any of my boys. We got their passport, then gave that along with their birth certificate to the employer's agent. I remember filling out a form and maybe also giving my partner's passport since he was the primary visa holder and mine to prove the relationship to the child, but I can't remember having to provide birth certificates of the parents. I would probably remember it as well since it is a pain for me as I have to give my birth certificate along with a certified translation (French birth certificate) and I am forever losing the translated documents

I may be wrong, but it should just be a matter of adding her to the visa and that took maybe a week for us, 10 days top. You should definitely query it with the agent. Ask also how much it might cost as that will give you a clus as to whether they are treating it as a new application or just an add-on. Don't remember paying for our kids to be added either but the company might have covered that.

Sorry for the vagueness but it was a few years ago. It certainly did not make a strong impression on me so it can't have been that hard. And we did it twice
elice_in_oz is offline  
Old Jun 7th 2012, 2:50 pm
  #8  
BE Forum Addict
 
Joined: Dec 2008
Posts: 3,396
roaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond repute
Default Re: 457 visa for British baby born in Australia

Originally Posted by Scimum View Post
I have a 10 month old baby who was born here in Australia. We have a British passport for her. We are about to travel back to the UK on a holiday visit, and wanted to make sure she had a visa for re-entry into Australia. The rest of us have 457 visas sponsored by my husband's work.
On something unrelated to the visa, I hope you're aware that your baby is British by descent which means she is unable to automatically pass on British citizenship if she has a child born outside the UK at any point when she's older.
roaringmouse is offline  
Old Jun 7th 2012, 2:57 pm
  #9  
Just Joined
Thread Starter
 
Joined: Sep 2010
Location: Northern Beaches of Sydney, NSW
Posts: 18
Scimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really nice
Default Re: 457 visa for British baby born in Australia

Thanks elice, that's very helpful. It does appear to me that the agent is treating it like a new application. Anyway dh has sent the migration act link to them so we will see what they say now.

Roaringmouse, yes I am aware of that legality. Probably because it's been mentioned on BE so many times. I hope she won't hate us for it when she's an adult
Scimum is offline  
Old Jun 8th 2012, 12:06 am
  #10  
BE Enthusiast
 
Joined: Nov 2005
Location: Whinging Aussie
Posts: 523
James516 has much to be proud ofJames516 has much to be proud ofJames516 has much to be proud ofJames516 has much to be proud ofJames516 has much to be proud ofJames516 has much to be proud ofJames516 has much to be proud ofJames516 has much to be proud ofJames516 has much to be proud ofJames516 has much to be proud ofJames516 has much to be proud of
Default Re: 457 visa for British baby born in Australia

Although if she lives in the UK for a period of time (three years) her citizenship 'upgrades' and she can pass it on to foreign born kids.
James516 is offline  
Old Jun 8th 2012, 3:56 am
  #11  
BE Forum Addict
 
Joined: Dec 2008
Posts: 3,396
roaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond repute
Default Re: 457 visa for British baby born in Australia

Originally Posted by James516 View Post
Although if she lives in the UK for a period of time (three years) her citizenship 'upgrades' and she can pass it on to foreign born kids.
Her citizenship status doesn't change, and nor would British citizenship be passed on automatically - however the ability to register a child becomes possible under current rules.
roaringmouse is offline  
Old Jun 9th 2012, 12:46 pm
  #12  
Just Joined
Thread Starter
 
Joined: Sep 2010
Location: Northern Beaches of Sydney, NSW
Posts: 18
Scimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really niceScimum is just really nice
Default Re: 457 visa for British baby born in Australia

Well, I have registered her with Medicare and all they asked for was her passport and birth certificate. So I need not have panicked about that.

The agent still says we need to do all the stuff they initially mentioned. I can't help feeling that they are making it all seem far harder than it should be. But they were the ones we used to get our original 457 visas so I guess we just have to stick with them.
Scimum is offline  
Old Jun 12th 2012, 5:26 am
  #13  
JAJ
Retired
 
JAJ's Avatar
 
Joined: Apr 2004
Posts: 34,649
JAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond repute
Default Re: 457 visa for British baby born in Australia

Section 78 is an automatic process of law. There is no need to appoint an agent because there is no visa application to begin with. However, you can use an agent if you wish.

Have you asked the agents if they are taking into account Section 78 in their advice to you? If so, what are they saying?
JAJ is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2022 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.