Livewire Pom

Hi
We are just starting the emigration process. I am an Aussie citizen by desecent so getting my family in on a spouse visa. The problem is my son, who is currently 15. He does his GCSEs next May (08). The plan was to go to Aus for a hol in summer 2008 after he has finished his exams to validate our visas then return to the UK for 2 years while he does his A levels. We were then going to emigrate properly in 2010 when he has finished. However, he will be 18 that year and I am worried this will impact our residency visas and he may not be able to stay, even though he will probably go on to Uni.
Has anyone had similar experiences with 18 year olds? Would we be better coming next year for good so he could do his HSC instead?
Any advice would be appreciated. We are planning to move to QLD.
Thanks
Nicki x

JAJ

The visa issues are probably not as insurmountable as you think. Read about visa validity at http://www.immi.gov.au/allforms/pdf/968i.pdf

It would be worth a paid consultation with an agent familiar with these areas (not all are).

But more importantly - if your son's future is going to be in Australia, then why on earth is there such a concern about A-Levels? Why not do the Australian equivalent instead? (ie, he could move after GCSE).

Also bear in mind that the residence period for citizenship is likely to increase to four years on 1 July 2007, and based on the timescales you mention, this will affect your son. As a permanent resident for example, he will be eligible for domestic uni fees but not for fee discount/deferrals that are restricted to Australian citizens.

And clearly he ought not to even think about any kind of gap year or time overseas before his citizenship is obtained. Another reason to move sooner - so he'll then be a citizen by the time he finishes uni, in case he wants to go overseas then.


Incidentally - on another thread you say that : "Wife is an Aussie by birth?"
http://britishexpats.com/forum/showthread.php?t=427661

While on this thread you say : "I am an Aussie citizen by desecent"

Which of these statements is true? The answer (citizen by birth or citizen by descent) will make a big difference to options for your children and you can't really expect meaningful assistance if the information you give is not consistent.

chatty66

Hello nikki. we applied with our daughter who was 17... our agent said it would be better to hold off until she was 18 as long as they are dependant and in full time study there dosent seem to be a problem.. just have to fill out a bit more paperwork and submit exam and school reports as evidence.. we are waiting to go until youngest now 16 has done her a levels.. we looked into moving her but felt it was too much of an upheaval right at the end of her education.. however if she could of started at equivalent gcse year we would of gone then.. so we are going 2008... good luck chatty66

James516

A bit harsh - clearly the original post on the other thread was from the husband, and the one in this thread is from the wife. It's not uncommon for married couples to use the same login on BE.

Livewire Pom

Thanks for your advice everyone, and thanks for your support James. As you said, my husband posted the other thread. Obviously there is a big difference between a citizen by descent and one by birth and we are not trying to mis lead anyone! Just a slip by my hubby - sorry. Will try and be more consistent.

As for my son, yes I agree it would be better to move him over there after his GCSEs next May 08, but am just a bit worried that we have not been out there to check it out and look round etc. I have only been for a week before so to just turn up without a job for my husband etc seems scary but I guess a lot of people do it.
Thanks again
Nicki

ptlabs

It is also not uncommon for people to post inconsistent stories in an online forum like this. Registered agents and knowledgeable regulars help out for free in their spare time here, so intentionally inconsistent stories wastes everyone's time.

While acknowledging partners may well share one login, it's probably got netiquette to sign off properly?

Peter

James516

Gee, it must be hard when you make thousands of ££££'s by simply helping to fill in some forms that people don't bow and scrape when you give out some pro bono advice.

Sorry everyone, let's hear three cheers for the migration agents who generously give up their time on forums like these to encourage people to move to Oz, for which they will of course need the services of a .... migration agent!!!

Livewire Pom

Hi everyone
I am not wanting to start a mass online brawl-it was just a mistake honest!
But I am a little confused. As I have citizenship by descent I have an Aussie passport and a British one. Therefore I thought (possibly wrongly) that once I got to Aus I would be classed as an Australian citizen, just as much as if I had been born there. I realise we have only just started the process and have a lot to learn, can anyone help me out with this one! Is a citizen not a citizen full stop? Is it just my children who will have different rights maybe?
Thanks for all your help. It is appreciated.
Nicki

JAJ

Being Australian by descent as opposed to being Australian by birth/naturalisation only affects your rights to pass on citizenship to children born outside Australia.

Other than that - no difference.

Have you ever lived in Australia in the past and when did you get your Australian citizenship?

If you were an Australian citizen (by descent) when your children were born and you have accumulated 2 years legal residence in Australia (not necessarily as a citizen) then they could be eligible for Australian citizenship now, even though you are a citizen by descent.

Also you should know that once you are settled in Australia, you can apply for your children aged under 16 to be granted Australian citizenship (ie, naturalised) without them needing to meet a residence requirement. This works because DIMA/DIAC waives the residence requirement for permanent resident children under 16 with an Australian parent.

Livewire Pom

I have never lived in Australia and have just applied for my passport.
My mother ( an Australian born and bred) applied for my 'right to citizenship' in 1989 and I have a certificate titled 'Extract from Register of citizenship by descent' confirming I am a citizen by descent. Does this mean I have been a citizen since 1989 (date on certificate0 or am I not officially a citizen until I get my passport and move there?
I have 3 children, aged 14, 8 and 7, all born in the UK.
Thanks again for your advice
Nicki x

JAJ

In that case it appears you became an Australian citizen in 1989. As you're Australian by descent you need to have clocked up 2 years legal residence in Australia for your children to be eligible for Australian citizenship by descent.

As far as getting Australian citizenship for your children:

- if aged under 16, you can apply for them to be naturalised once you have taken up residence in Australia as a family (no specific residence requirement); or
- (this may apply to your older child especially), once you have lived for 2 years in Australia, your children will probably be eligible for citizenship by descent as you were Australian when they were born. You have to clock up the 2 years before the child applies for citizenship, not before the child is born. If you can't get your older child naturalised before age 16, this may mean your child can still get citizenship after 2 years, not 4 years (the new residence requirement for citizenship).