Baby question
 

Hi

My wife & I recently received our residency visas. A few weeks ago my
wife discovered that she was pregnant. Obviously there is a long way
to go yet but does anyone know what the position is if we:

a) move to Oz in the next couple of months and have a child there.
Does the child automatically have residency?


b) have the baby here & move out in a year's time. What is the
residency status of the child?

Re: Baby question
 

    >On Tue, 11 Nov 2003 20:44:58 +0000, Eric Hammond <nospam> wrote:
    >Hi
    >My wife & I recently received our residency visas. A few weeks ago my
    >wife discovered that she was pregnant. Obviously there is a long way
    >to go yet but does anyone know what the position is if we:
    >a) move to Oz in the next couple of months and have a child there.
    >Does the child automatically have residency?

Child will automatically be an Australian citizen if born in Australia
and you have PR.
    >b) have the baby here & move out in a year's time. What is the
    >residency status of the child?

No automatic residency or citizenship status for a child.
You need to sponsor for a Dependent Child visa (new form, new fee,
processing time required etc). Read the Child Migration booklet on
the DIMIA site.

Although since 1 Nov 2003 there is no longer a requirement for a PR to
be 'usually resident' in Australia in order to sponsor for child
visas, any medical problems the child has could cause problems. There
is a health waiver available on child visas, but access to this is not
automatic and depends on a number of factors.

Jeremy



This is not intended to be legal advice in any jurisdiction

Re: Baby question
 

PS you must validate your visa before the baby is born, otherwise any
medical problems with the baby could lead to your PR visas being
cancelled. A birth of a child before validation could well mean that
Adelaide demand to see medicals for the child (and you would be
legally obliged to notify DIMIA), and they do have the power to cancel
unvalidated PR visas under that circumstance.

You should also consider what impact (if any) being born in Australia
will have on the child's citizenship of your country of nationality or
current residence, if that's important to you.

Jeremy

    >On Tue, 11 Nov 2003 20:49:27 GMT, [email protected] (JAJ) wrote:
    >>b) have the baby here & move out in a year's time. What is the
    >>residency status of the child?
    >No automatic residency or citizenship status for a child.
    >You need to sponsor for a Dependent Child visa (new form, new fee,
    >processing time required etc). Read the Child Migration booklet on
    >the DIMIA site.
    >Although since 1 Nov 2003 there is no longer a requirement for a PR to
    >be 'usually resident' in Australia in order to sponsor for child
    >visas, any medical problems the child has could cause problems. There
    >is a health waiver available on child visas, but access to this is not
    >automatic and depends on a number of factors.
    >Jeremy
    >This is not intended to be legal advice in any jurisdiction

This is not intended to be legal advice in any jurisdiction

Re: Baby question
 

Hi jeremy,Just out of matter of interest (i dont know)does the child not have the right to become a citizen once it comes of age?the reason i ask is that it didnt ask to be born in a particular place etc..sorry if its dumb question :D
regards mutz

Re: Baby question
 

    >On Tue, 11 Nov 2003 21:19:54 +0000, mutznuts1 <member@british_expats.com> wrote:
    >Hi jeremy,Just out of matter of interest (i dont know)does the child not
    >have the right to become a citizen once it comes of age?

Most countries don't grant citizenship automatically based on birth.
The UK stopped doing so in 1983, Australia changed its rules in 1986.

The rules about citizenship are certainly easier if you are born in
Australia - for example children born to permanent residents are
automatically Australian citizens if born inside Australia, but not if
born outside Australia. However, there are many children now born in
Australia who don't become Australian citizens at birth.

It won't affect the original poster as he says he has a permanent visa
so his Australian born children will automatically be citizens even if
he never takes citizenship himself.

    >the reason i ask
    >is that it didnt ask to be born in a particular place etc..sorry if its
    >dumb question :D

It's not a dumb question.

Usually the child will have the nationality of one or both its
parents. There are circumstances where a child born in Australia may
not get either parents citizenship under the law of that particular
country (and hence is 'stateless'). In such cases, the child can be
registered as an Australian citizen.

Another way children born in Australia without citizenship can become
Australians is if they live in Australia for the first 10 years of
their life. If they do, they automatically become Australian citizens
on their 10th birthday. This applies no matter what their status was
previously in Australia, eg even if the child was an unlawful non
citizen.

Other than that, many Australia born children without citizenship at
birth become naturalised Australian citizens when their parents
acquire PR and subsequently citizenship.

Jeremy
This is not intended to be legal advice in any jurisdiction

Re: Baby question
 

jaj
thanks for comprensive reply :) i am enlightened
regards mutz

Re: Baby question
 

Jeremy,
Could you point me to any website / newspaper that mentions this waiver?

Thanks!

-dex

Re: Baby question
 

It should be in a number of places, but here's one:
http://www.immi.gov.au/legislation/a...1112003(3).htm

Bear in mind that this almost certainly means that the 'usually
resident' requirement will be enforced more strictly for PRs
sponsoring for other visas, eg spouse.

Jeremy

    >On Thu, 13 Nov 2003 04:14:59 +0000, dex <member@british_expats.com> wrote:
    >Originally posted by Jaj
    >> Although since 1 Nov 2003 there is no longer a requirement for a PR to
    >> be 'usually resident' in Australia in order to sponsor for child
    >> visas,.....
    >Jeremy,
    >Could you point me to any website / newspaper that mentions this waiver?
    >Thanks!
    >-dex
    >--
    >Posted via http://britishexpats.com

This is not intended to be legal advice in any jurisdiction

Re: Baby question
 

Thanks, Jeremy.

Re: Baby question
 

Hi,

I am trying to find information regarding subclasses 101, 102 and 802 - did a serach on DIMIA website but to no avail. I am a PR visa holder currently residing outside Australia. Would like to apply for a PR for my new born - under what category would this fall? Thanks

Nina

Re: Baby question
 

Have a look at the Child Migration Booklet.

Re: Baby question
 

I looked , but strangely it does not mention the Sub class
Nina

Re: Baby question
 

I don't think you are being very clear about what you're looking for.
The information on Child Migration starts at this page, which makes
the requirements quite clear:
http://www.immi.gov.au/migration/fam...dren/index.htm

Next step after that is the Child Migration booklet.
If you're still confused after that, your only option is to hire an
experienced migration professional to handle your case.

Jeremy

    >On Fri, 14 Nov 2003 06:12:21 +0000, NinaU <member@british_expats.com> wrote:
    >Originally posted by dex
    >> Have a look at the Child Migration Booklet.
    >I looked , but strangely it does not mention the category
    >Nina
    >--
    >Posted via http://britishexpats.com

This is not intended to be legal advice in any jurisdiction

Re: Baby question
 

Jeremy

I am aware of the category - but not the sub class....101.....802?

Re: Baby question
 

Dependent Child (offshore) = subclass 101
Adopted Child (offshore) = subclass 102
Dependent Child (onshore) = subclass 802

Jeremy


    >On Fri, 14 Nov 2003 05:08:54 +0000, NinaU <member@british_expats.com> wrote:
    >Hi,
    >I am trying to find information regarding subclasses 101, 102 and 802 -
    >did a serach on DIMIA website but to no avail. I am a PR visa holder
    >currently residing outside Australia. Would like to apply for a PR for
    >my new born - under what category would this fall? Thanks
    >Nina
    >--
    >Posted via http://britishexpats.com

This is not intended to be legal advice in any jurisdiction