Australia Citizen by decent

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Old Jul 3rd 2013, 8:25 am
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Default Australia Citizen by decent

Hi there, my daughter has recently had a baby in the UK and was thinking of moving out to Australia next year. The problem is that she is applying for her husbands visa and was going to apply for the baby's too but has been told that babies no longer get citizen by decent. My daughter is a citizen by decent as I am born Australian.

She has been told she will have to apply for a visa for the baby of 2800pounds and another 2000 pounds for her husbands visa. She was also told that the baby has to have been in Australia for 2 years before she can apply?

They were hoping to come next year and do 6 months and see how they went I suggested they come whilst she is on maternity but she has been told if she does that she will loose her maternity pay too and will have to pay back any that she has had.

Can anybody tell me if this information she has been given is correct?
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Old Jul 3rd 2013, 8:47 am
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Default Re: Australia Citizen by decent

Originally Posted by aussiedude
Hi there, my daughter has recently had a baby in the UK and was thinking of moving out to Australia next year. The problem is that she is applying for her husbands visa and was going to apply for the baby's too but has been told that babies no longer get citizen by decent. My daughter is a citizen by decent as I am born Australian.

She has been told she will have to apply for a visa for the baby of 2800pounds and another 2000 pounds for her husbands visa. She was also told that the baby has to have been in Australia for 2 years before she can apply?

They were hoping to come next year and do 6 months and see how they went I suggested they come whilst she is on maternity but she has been told if she does that she will loose her maternity pay too and will have to pay back any that she has had.

Can anybody tell me if this information she has been given is correct?
If she needs to apply for a Spouse Visa for her husband it costs $2680, plus $670 for the child. The baby does not have to be in Australia for two years, thats rubbish. The application takes about 6 months and should be done in the UK.

http://www.immi.gov.au/migrants/fami...as-partner.htm
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Old Jul 3rd 2013, 10:45 am
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Default Re: Australia Citizen by decent

Originally Posted by aussiedude
The problem is that she is applying for her husbands visa and was going to apply for the baby's too but has been told that babies no longer get citizen by decent. My daughter is a citizen by decent as I am born Australian.
If you daughter is Australian by descent (i.e. born outside Australia and registered Australian) then she would need to have spent at least 2 years in Australia (which can be added up from any number of trips) to be able to apply to obtain Australian citizenship for her child. This is possibly where the 2 years in Australia bit is coming into things.

Has she spent any time in Australia? If she has a period totalling 2 years before the baby was born, then she is able to apply for citizenship by descent for the baby.

If she hasn't, then the baby will need to be included in her husbands spouse visa application as Pollyanna pointed out.
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