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Citizenship Q: baby born while applying for PR

Citizenship Q: baby born while applying for PR

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Old Feb 17th 2009, 6:51 am
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Default Citizenship Q: baby born while applying for PR

Well, Hello

We are applying for PR via ENS in Perth, have been allocated CO, spoke to her and all is good except for my medical. Have repeated the required test, and CO says if all is clear, as soon as she has the results, we are PR
However - I am very pregnant, baby is due on 01.March, so could come any day now really...

I know that babies born in Australia while parents have PR automatically get citizenship, but how about if your application was still being processed? Does that count? Like if you get LAFHA, you lose that as soon as you apply for PR, as you are considered to be PR IYKWIM....

Anyone been in this situation? We would so like bubba to be an Ozzi....
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Old Feb 17th 2009, 9:45 am
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Default Re: Citizenship Q: baby born while applying for PR

Originally Posted by GreenSauce
Well, Hello

We are applying for PR via ENS in Perth, have been allocated CO, spoke to her and all is good except for my medical. Have repeated the required test, and CO says if all is clear, as soon as she has the results, we are PR
However - I am very pregnant, baby is due on 01.March, so could come any day now really...

I know that babies born in Australia while parents have PR automatically get citizenship, but how about if your application was still being processed? Does that count? Like if you get LAFHA, you lose that as soon as you apply for PR, as you are considered to be PR IYKWIM....

Anyone been in this situation? We would so like bubba to be an Ozzi....
Technically speaking you are not PR until your visa is validated, i.e. you have made a validation trip to Oz. This has been discussed a number of times here, you can search for similar threads to read more on this. As I see it, there are three possible scenarios:

1. Your grant comes in first, you fly over to validate still being pregnant (bad idea, but for argument sake). If you have your baby in Oz then, that would mean an automatic citizenship for the bub.

2. Your case gets frozen until you have your baby and then she is added to your application and have an immigration-style medical exam done. All visas then are granted together and you fly over to validate together.

3. Your visa gets granted, but you give birth before you fly over to validate. I can't remember seeing this one on the forum, but can imagine that you could sponsor your baby for the PR visa of her own.

I'd suggest to consult an agent to put your mind at rest, one thing you don't need is an extra portion of stress right now.
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Old Feb 17th 2009, 9:57 am
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Default Re: Citizenship Q: baby born while applying for PR

Originally Posted by newjersey
Technically speaking you are not PR until your visa is validated, i.e. you have made a validation trip to Oz. This has been discussed a number of times here, you can search for similar threads to read more on this. As I see it, there are three possible scenarios:

1. Your grant comes in first, you fly over to validate still being pregnant (bad idea, but for argument sake). If you have your baby in Oz then, that would mean an automatic citizenship for the bub.

2. Your case gets frozen until you have your baby and then she is added to your application and have an immigration-style medical exam done. All visas then are granted together and you fly over to validate together.

3. Your visa gets granted, but you give birth before you fly over to validate. I can't remember seeing this one on the forum, but can imagine that you could sponsor your baby for the PR visa of her own.

I'd suggest to consult an agent to put your mind at rest, one thing you don't need is an extra portion of stress right now.
Thanks for the response newjersey!

I should have added, that we are onshore, applying via ENS 856. So the baby will be born in Australia - you are right, dont need any extra stress like flying right now!
Oh well, I understand if we stay here, on his 10th birthday baby will be an australian citizenship - thats not tooooo long to wait
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Old Feb 17th 2009, 1:41 pm
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Default Re: Citizenship Q: baby born while applying for PR

Originally Posted by GreenSauce
Thanks for the response newjersey!

I should have added, that we are onshore, applying via ENS 856. So the baby will be born in Australia - you are right, dont need any extra stress like flying right now!
Oh well, I understand if we stay here, on his 10th birthday baby will be an australian citizenship - thats not tooooo long to wait
If your baby is born here while you're still waiting for your PR then you will have to add him/her to the application. If born after PR is granted then baby will be a citizen from birth.

Not sure where you got 10 years from but if he or she is born prior to you becoming PR he or she will become PR when you all do. It is then a 4 year wait for him or her to be eligible for citizenship.

www.citizenship.gov.au
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Old Feb 17th 2009, 2:15 pm
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Default Re: Citizenship Q: baby born while applying for PR

If the baby is born before the PR visa comes through, as stated above it will need to be added to your application and would gain PR when you do. In this instance, as long as you apply for citizenship before the baby turns 16, he/she will be able to be included in your citizenship application (there is no need to wait until the baby turns 4!).

The '10 years' you refer to is only applicable if you don't get PR - if the baby is born in Australia and remains resident in Australia on a temporary visa, he/she would be able to become a citizen on its 10th birthday.

In any event, if your PR visa comes before the baby does then then the babe is automatically a citizen...

Cheers

Sara

Last edited by saraliz; Feb 17th 2009 at 2:19 pm.
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Old Feb 17th 2009, 11:35 pm
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Default Re: Citizenship Q: baby born while applying for PR

Originally Posted by saraliz
The '10 years' you refer to is only applicable if you don't get PR - if the baby is born in Australia and remains resident in Australia on a temporary visa, he/she would be able to become a citizen on its 10th birthday.
Automatic citizenship on 10th birthday for children living in Australia can also happen if the child is a PR (but parents haven't taken citizenship) or even if child has no visa (not generally recommended).
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Old Feb 24th 2009, 2:20 pm
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Default Re: Citizenship Q: baby born while applying for PR

Sorry to repeat things, but we just got very excited reading this thread and we wanted to clarify.......

We just got our PR last month (892 business visa), and our next baby is due in 9 weeks... so you're saying this new baby WILL be an Aussie Citizen even though the rest of the family members are still on PR? Will he also be a Pommie Citizen (dual citizenship)?

And our other children will be able to apply for citizenship at 10 yrs old even if we are still only on PR? We will be applying for Citizenship asap, but just checking for clarity on this one.

Thanks-a-million..!!
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Old Feb 24th 2009, 2:35 pm
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Default Re: Citizenship Q: baby born while applying for PR

Originally Posted by Rogue Trader
Sorry to repeat things, but we just got very excited reading this thread and we wanted to clarify.......

We just got our PR last month (892 business visa), and our next baby is due in 9 weeks... so you're saying this new baby WILL be an Aussie Citizen even though the rest of the family members are still on PR? Will he also be a Pommie Citizen (dual citizenship)?

And our other children will be able to apply for citizenship at 10 yrs old even if we are still only on PR? We will be applying for Citizenship asap, but just checking for clarity on this one.

Thanks-a-million..!!
if you and/or your children live in australia for four years, and you have PR for atlease one year, you are eligible to apply for itizenship. (i think so, all these things are clearly shown at http://www.citizenship.gov.au/applyi...ation-process/)
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Old Feb 24th 2009, 2:51 pm
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Default Re: Citizenship Q: baby born while applying for PR

As I understand it........

Originally Posted by Rogue Trader
We just got our PR last month (892 business visa), and our next baby is due in 9 weeks... so you're saying this new baby WILL be an Aussie Citizen even though the rest of the family members are still on PR? Will he also be a Pommie Citizen (dual citizenship)?
Assuming you don't have to go offshore and come back again, yes and yes

And our other children will be able to apply for citizenship at 10 yrs old even if we are still only on PR?
Only if they were born in Australia.
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Old Feb 24th 2009, 10:47 pm
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Default Re: Citizenship Q: baby born while applying for PR

Originally Posted by Rogue Trader
Sorry to repeat things, but we just got very excited reading this thread and we wanted to clarify.......

We just got our PR last month (892 business visa), and our next baby is due in 9 weeks... so you're saying this new baby WILL be an Aussie Citizen even though the rest of the family members are still on PR? Will he also be a Pommie Citizen (dual citizenship)?
Yes, your new baby will be an Australian citizen by birth whether you are a citizen or PR. He or she will also be a British citizen if you register his or her birth in the UK.
And our other children will be able to apply for citizenship at 10 yrs old even if we are still only on PR? We will be applying for Citizenship asap, but just checking for clarity on this one.
Yes, your children will be able to apply for citizenship at 10 years in the country however if you are applying for citizenship you would more than likely include them on your application and they would become citizens at the same time you do.
Thanks-a-million..!!
See www.citizenship.gov.au for all the answers on who is eligible for citizenship when.
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Old Feb 24th 2009, 11:06 pm
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Default Re: Citizenship Q: baby born while applying for PR

Originally Posted by Rogue Trader
Sorry to repeat things, but we just got very excited reading this thread and we wanted to clarify.......

We just got our PR last month (892 business visa), and our next baby is due in 9 weeks... so you're saying this new baby WILL be an Aussie Citizen even though the rest of the family members are still on PR?
Yes, child will be an Australian citizen.

http://britishexpats.com/wiki/Eviden...an_Citizenship

Will he also be a Pommie Citizen (dual citizenship)?
Probably:
http://britishexpats.com/wiki/Britis...en_Born_Abroad

And our other children will be able to apply for citizenship at 10 yrs old even if we are still only on PR? We will be applying for Citizenship asap, but just checking for clarity on this one.
You should be eligible for citizenship long before 10 years! Possibly as soon as 1 year after PR ... depends on how much time you spent as temporary residents.

The other children, if they were not born in Australia, will never become citizens unless an application is made!
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Old Feb 24th 2009, 11:08 pm
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Default Re: Citizenship Q: baby born while applying for PR

Originally Posted by GreenSauce
Thanks for the response newjersey!

I should have added, that we are onshore, applying via ENS 856. So the baby will be born in Australia - you are right, dont need any extra stress like flying right now!
Oh well, I understand if we stay here, on his 10th birthday baby will be an australian citizenship - thats not tooooo long to wait
When you apply for citizenship, you can add the child to the application.

If you choose NOT to become citizens, then an Australian born child will still automatically become a citizen at age 10, if living in Australia throughout.
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Old Feb 24th 2009, 11:32 pm
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Default Re: Citizenship Q: baby born while applying for PR

Indoirish, Louie, Dorothy, JAJ...

You are a bunch of champions..!!
Thanks for such quick and comprehensive replies.
And thanks for all the links.

Goodonya!
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Old Mar 2nd 2009, 11:58 am
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Default Re: Citizenship Q: baby born while applying for PR

Originally Posted by Rogue Trader
Indoirish, Louie, Dorothy, JAJ...

You are a bunch of champions..!!
Thanks for such quick and comprehensive replies.
And thanks for all the links.

Goodonya!
Nine weeks

Please keep us informed

All the very best to Sarah and the children. I do hope a suitably 'Aussie' name will be chosen

All the very best!

Jules xx
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Old Mar 2nd 2009, 12:47 pm
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Default Re: Citizenship Q: baby born while applying for PR

Originally Posted by julesandco
Nine weeks

Please keep us informed

All the very best to Sarah and the children. I do hope a suitably 'Aussie' name will be chosen

All the very best!

Jules xx
G'day Jules thanks!

LOL..!! Yeah, just 9 weeks to go... getting very excited in the Rogue household.

Sorry - just seen your reply on the old thread... don't get on here much any more.

Looks like little Bruce (just kidding) will have the coveted blue passport about 10 months before the rest of us... bugger..!

We'll let you know when (s)he arrives.

Take it easy mate,

Rogue & co x
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