HPOP

Hi all,
I have some question about a new born baby.

I applied for immigration in March. Meantime my wife got pregnant.

1. I wonder if DIMIA is against having medicals while pregnant.
2. I wonder if DIMIA will object if I decided to not include my baby in the application and take him/her in AU at a later time, with a Dependent Child Visa.

I consider to complicated to move to AU with a little child. It is too difficult imo to take care of the baby if you are an immigrant, don't have an insurance, don't have a stable place to leave, you search for a job, your wife is learning to pass some exams etc.

Thank you very much,

HPOP.

JAJ

1. Yes, pregant women don't normally do medicals (because doctors in most developed countries advise pregnant women not to have x-rays if at all possible).

DIMIA will put your application on hold if they ask for medicals and you tell them your wife is pregnant. The family should all do medicals after the baby is born.

2. If your baby is born while your application is in progress you *must* tell DIMIA. The baby will have to do medical checks, and can be added to your application for free.

Note that even if you don't want to include your child in your application, the child *still* has to do medicals, so you might as well get the child its visa at the same time. Otherwise you will have more costs, medicals and form-filling for a dependent child visa at a later stage.

Jeremy

HPOP

Jeremy, thank you for your advice. Appreciate it.

I don't mind applying for dependent child visa at a later stage, no matter the costs. Hope DIMIA will agree with that.

And I think is better for the child if he/she stays at home. If I include the child in the application, I am afraid it has to come in AU to validate its visa. Putting a small child in a jet for a trip of 36 hours is not in my plans.

Best greetings,
HP.

JAJ

It's up to you.

Child will have to do medicals regardless, so this will not be avoided, whether you include your child or not.

It's not just the cost of applying for a dependent child visa, but also the delay of possibly a number of months while DIMIA processes the application.

If included in your application, the child would have to validate. Many people fly with young babies - I'm not clear why it's a problem for you. As your doctor if you need some medical advice on the subject.

Jeremy

JayDeee

HI Jeremy, Whilst we are on the subject of babies can you answer a question of mine

Hubby Australian (from Birth)
I'M British (from Birth)
Hubby has PR in the uk (we will be here for at least another year or 2) he is also about to apply for UK citizenship but I that might not be granted before a child is born.
I have temp spouse visa for Australia. (validating in Aug)

We have decided to have kids but dont know whether it would be better for it to be born in Australia or the UK.

If Born in the UK It would get UK citizen ship straight away but could we apply for an Australian passport aswell?

And If born in Australia would get Australian citizenship but would it also get a british passport?

It is important for both my hubby and I for our children to be able to feel at home in both countries so although we plan on being based in Australia we will be coming back to the UK for at least a month or so every year.

Cheers
Kala

JAJ

BORN IN UK
If born in the UK the child will be a British citizen by birth.

Although birth in the UK does not in itself confer citizenship (for those born after 1982), the child will be British if at least one parent is a British citizen or a permanent resident.

As you're a British citizen yourself, any UK born children you have will automatically be British. There's no need to look at the father's status, although for children born in the UK it makes no difference whether the parent is a citizen or a permanent resident.

If the child is born in the UK, you'll need to register it as an Australian citizen by descent:
http://www.immi.gov.au/allforms/pdf/118.pdf

This can be done via the Australian High Commission in London. The child will *not* be Australian until the registration process is completed. You can only apply for an Australian passport once the child is registered as an Australian citizen.

As an Australian citizen by descent, the child would need to live in Australia for 2 years before being able to register its own children (your grandchildren) as Australian citizens, if they were also born outside Australia.

BORN IN AUSTRALIA
The position is more or less reversed.

As the father is an Australian citizen, the Australia born child would be Australian automatically. The fact you (the mother) were on a temp visa would be irrelevant.

As an Australian birth certificate (for those born after 19.08.1986) does not prove citizenship, you could use form 119 to get a citizenship certificate for the child (fee is AUD55 currently):
http://www.immi.gov.au/allforms/pdf/119.pdf

You could also get the child an Australian passport.

As you (the mother) are British by birth, the child would also be a British citizen by descent automatically. The UK does not issue evidentiary certificates for those automatically British, so you would just need to apply for a British passport for the child.

Note that once the child is British 'by descent' it's stuck that way, no matter how long it lives in the UK in the meantime. Any children born to that child (ie your grandchildren) *outside* the UK will *not* automatically be British and would have to be registered. There are specific requirements and time limits involved.
http://www.ind.homeoffice.gov.uk/default.asp?PageId=148

Unless of course the other parent of the children was British born or naturalised, in which case your grandkids could inherit British citizenship automatically that way.

Laws might change by the time that became an issue. Just be aware of the fact that it's awkward for British citizenship to pass down beyond the first generation born outside the UK, even if the British citizen by descent lives a long time in the UK meanwhile before leaving again.

Children born to British citizens by descent *inside* the UK are automatically British citizens themselves (by birth).

Hope this helps. Laws concerning the ability of British citizens by descent to pass on citizenship to non-UK born children are complex - I suggest you should spend time becoming familiar with them, even if it's not going to be an issue until your kids are grown up.

The bottom line is that your children should have dual UK/Australian citizenship if born in either country, but the location of their birth might have repercussions for your future grandchildren.

Jeremy

JayDeee

Thank you very much for your reply Jeremy.

Much apprecieated

Kala

HPOP

Thank you Jeremy. Your advice helped me a lot.

You're great.

Best greetings,
HP.

eddi

Hi,

Me, my spouse and my daugther are Australian PRs from March 2003, currently living outside Australia. We have 10-months baby, who was born outside AU. Now, before moving to Australia for permanent , we are going to apply for PR visa for our child (101 category - dependent child).

My question is: After my child gets his Visa - How much time (5 years/1 year/ 6 months...) do we have to make his initial entry to Australia??

Thank you,
Eddi

JAJ

I hope you validated your PR visas before the child was born.

For first entry date on a child visa, it's the same rule as usual - normally 12 months after medical result, possibly less (6 months) in some circumstances.

Depending on the visa post involved, a Dependent Child visa may take anywhere from a few weeks to a number of months to process.

Jeremy

eddi

Jeremy,

Thank you for your speedy reply. And of course - we made initial entry to Oz in April 2003, before our child was born - in order to validate our PR visas.

Eddi

eddi

Hi,

I've started filling out all the required documents for the dependent child visa application for my son and I have a couple of addition questions... In our case – I am a sponsor for my child. Our son is our natural child. My wife and me are both Australian PRs since 2003, currently living outside Australia and going to move to Australia for permanent upon getting PR visa for our newborn son

1. In the checklist I see the following requirement:
�If the child is aged under 18, you need to provide evidence that the sponsor has the legal right to determine where the child shall live (eg. Court order) or a statutory declaration from each person with a legal responsibility to the child stating that they have no objection to the child’s migration.�

Does it mean we need to provide notarized document, signed by me and my wife, that neither me no my wife we have no objections for his immigration ? Please correct me if I wrong....

2. In the sponsorship application I required to provide my current residential address with the following note:
“If your residential address is not in Australia, please attach a statement outlining how you will meet your sponsorship obligations�

As far as I understand that requirement - we need to provide AU immigration authorities with some kind of cover letter, described :

-- Reasons for our currently being outside Australia
-- Willing to move to Australia for permanent
-- Ability to support our child (we may attach a record of investments related to our Australian bank account + value of our properties (house, cars etc.) we are going to sell before moving to OZ)
-- Evidence of our income for last 2+ years…

Do I miss something or that may be enough???

Thanks,
Adi