karlos

I hope someone can help......

My application to become an Australian citizen has been approved and sent to my local council to arrange a ceremony date. They have told me the next ceremony I can attend is May next year. In the mean time my wife is expecting our first child next month.

The baby will be born outside of Australia. We are both PR visa holders.

Will I be able to apply for Australian citizenship for our child? If so, should I do this as soon as the baby is born, or wait until I am granted citizenship? Or will the baby have to be back in Aus to do this?

Any advice / links would be greatly appreciated.

Thanks.

slipshot

I'm not sure of the exact details in your situation, but for us, English father, Australian mother, unmarried (shock!) with two kids, because the mother was Australian, we were able to apply for citizenship and then a passport without issue. I think the link you need is as follows:

http://www.citizenship.gov.au/becomi...by-descent.htm

Others may correct me...

Andy

ptlabs

> Will I be able to apply for Australian citizenship for our child?

Not when your child is born overseas when neither parent is an Australian citizen.


> If so, should I do this as soon as the baby is born, or wait until I am
> granted citizenship?

You are not a citizen until you make the pledge in your citizenship ceremony. You cannot apply for your child to be an Australian citizen by descent (if born overseas) until you are an Australian citizen yourself.


> Or will the baby have to be back in Aus to do this?

Your baby will have no citizenship or immigration status in Australia and will have to apply for a child visa just like any non-citizen.

More information here:
http://ptlabs.topcities.com/faq0.html#pcm005

Peter

JAJ

That is very unusual. Normally people get a ceremony within 3 months of approval (this is DIMA policy). Have you thought about challenging the council and/or DIMA and asking for an earlier ceremony?

But then you say you are living outside Australia. Why do you not want your child born in Australia in the first place?

DIMA may have the right to cancel your approval if they think you no longer intend to reside in Australia or maintain a "close and continuing association" with Australia.

karlos

Thanks for the information.

We do live in Australia and the child should have been born in Australia, but my wife has had complications whilst visiting family overseas. Therefore she has to stay with them until the baby is born and she is safe to fly back again. A real nightmare!

Thanks again for the information provided.

karlos

Peter,

Thank you very much for this information.

I remember you provided some very helpful advice when we were applying for our residency.

Cheers.

JAJ

Bottom line is:

- if you have your ceremony before child is born, then the child can be registered as an Australian citizen by descent

- if child is born before that, you will have to sponsor for a child migration visa. Once child is in Australia (and you are an Australian citizen) you can make a separate application for the child to be granted Australian citizenship. The residence requirement will not apply to the child.

ptlabs

I would just add that it the baby's acquisition of Australian citizenship by grant (or "conferral", the newly coined term) this way is relatively painless - no interview or pledge is required. A fee is payable, however.

One strategy to avoid paying additional fees to DIMA is to include the baby with the mother's citizenship application when the mother becomes eligible. The residence requirement for the baby remains waived/non-existent, and there's still no interview or pledge for the baby obviously.

Policy states that the applicants should be in Australia for the citizenship application to be approved.

Peter