is he or is't he an Ozie?that is the question
May 31st 2004, 11:51 am
#1
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Joined: Dec 2002
Posts: 23
is he or is't he an Ozie?that is the question
the question is:
We are on a 457ie temp visa and have just had a baby(6 weeks ago )he has just been sent a Australian (QLD) birth certificate, but we will be going to the UK for a holiday soon and wonered if and how to get a passport for him but is he an Ozzie or a Pom??????
all replise gratefully received.
We are on a 457ie temp visa and have just had a baby(6 weeks ago )he has just been sent a Australian (QLD) birth certificate, but we will be going to the UK for a holiday soon and wonered if and how to get a passport for him but is he an Ozzie or a Pom??????
all replise gratefully received.
May 31st 2004, 12:35 pm
#2
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Joined: Jan 2003
Location: Inner Western suburbs of Sydney
Posts: 4,483
Re: is he or is't he an Ozie?that is the question
Originally posted by hank
the question is:
We are on a 457ie temp visa and have just had a baby(6 weeks ago )he has just been sent a Australian (QLD) birth certificate, but we will be going to the UK for a holiday soon and wonered if and how to get a passport for him but is he an Ozzie or a Pom??????
all replise gratefully received.
the question is:
We are on a 457ie temp visa and have just had a baby(6 weeks ago )he has just been sent a Australian (QLD) birth certificate, but we will be going to the UK for a holiday soon and wonered if and how to get a passport for him but is he an Ozzie or a Pom??????
all replise gratefully received.
No, not Australian if born here unless one of the parents is an Australian citizen or permanent resident at the time, or if he is resident in Australia for 10 years after birth. I could expand on the Citizenship Act at enormous length and Jeremy probably will if you ask him, but the short answer is that your son needs a UK passport...
Cheers,
George Lombard
www.austimmigration.com.au
Jun 3rd 2004, 7:46 pm
#3
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Joined: Apr 2004
Posts: 34,649
Re: is he or is't he an Ozie?that is the question
I would add to what George says, in that your child is not an Australian citizen and needs a UK passport. Assuming one of you (mother, or married father) was born or naturalised in the UK he's British by descent automatically. Otherwise an application for registration would be required.
He also needs to be added to your 457ie visa - the good news is that he has automatically been granted that visa at birth under s78 of the Migration Act. You need to bring the child's birth cert and UK passport to a DIMIA office to have the visa evidenced, and this needs to be done before you travel.
If DIMIA ask you to complete an application form for the child's visa, I suggest you contact a supervisor and mention s78 of the Act.
If you take Australian citizenship eventually before the child is 10, he's of course able to become an Australian citizen that way.
You should be aware that if your child is British by descent, any children your child has (ie, your future grandchildren) will not automatically be British if born outside the UK unless they get British citizenship from their mother. This applies even if your child lives for many years in the UK in the meantime. There are some registration options for people in this position:
http://www.ind.homeoffice.gov.uk/default.asp?PageId=148
Of course, UK law could change by the time your child is grown up, just be aware of the issue.
Jeremy
He also needs to be added to your 457ie visa - the good news is that he has automatically been granted that visa at birth under s78 of the Migration Act. You need to bring the child's birth cert and UK passport to a DIMIA office to have the visa evidenced, and this needs to be done before you travel.
If DIMIA ask you to complete an application form for the child's visa, I suggest you contact a supervisor and mention s78 of the Act.
If you take Australian citizenship eventually before the child is 10, he's of course able to become an Australian citizen that way.
You should be aware that if your child is British by descent, any children your child has (ie, your future grandchildren) will not automatically be British if born outside the UK unless they get British citizenship from their mother. This applies even if your child lives for many years in the UK in the meantime. There are some registration options for people in this position:
http://www.ind.homeoffice.gov.uk/default.asp?PageId=148
Of course, UK law could change by the time your child is grown up, just be aware of the issue.
Jeremy
Originally posted by George Lombard
Hi Hank,
No, not Australian if born here unless one of the parents is an Australian citizen or permanent resident at the time, or if he is resident in Australia for 10 years after birth. I could expand on the Citizenship Act at enormous length and Jeremy probably will if you ask him, but the short answer is that your son needs a UK passport...
Cheers,
George Lombard
www.austimmigration.com.au
Hi Hank,
No, not Australian if born here unless one of the parents is an Australian citizen or permanent resident at the time, or if he is resident in Australia for 10 years after birth. I could expand on the Citizenship Act at enormous length and Jeremy probably will if you ask him, but the short answer is that your son needs a UK passport...
Cheers,
George Lombard
www.austimmigration.com.au
