jubri

hi all,
Just a Q on including baby (due 22/8/04) on Spouse Visa appl. We will not be loading appl till after the baby is born.
I'm an Aussie by birth - hubby is Brit - Baby can be registered as Oz citizen by decent & we will then obtain an Aussie passport for her.
On the Spouse appl Q 37 asks to lists your children & then asks will they be migrating with you - Technically she will not be migrating as she will have an Aussie passport by then!!!!
Is this right - do we need to list her as migrating???
I ask because when you then go to Q.39 it asks do you have the legal right to determine where each child shall live etc.
I'm confused as to whether she needs to be listed or not.!
Any advice would be appreciated .

Cheers

A very pregnant Jubri

Britishaussie

I asked DIMIA this very question. Australian citizens cannot be included on a visa application so your hubby should just apply on his own behalf. Where it mentions children, yes, put your baby's name, put resident in UK and say "yes" to migrating with you. On the line underneath comment that she is an Australian citizen already and if necessary, elaborate in the extra information page at the back of the application, or write a brief covering letter. That's what we're going to do as our son is the same (I am the Aussie sponsor).

As for Q39, look again (I had to!). I asked this question before and now feel a bit silly. Q38 asks "Are any of your family members included in this application under 18 years of age?". As your child is NOT included in the application as she is already Australian, you answer NO and go to question 40.

Hope this helps.

jubri

Thanks for that - you are right - i just re-read Q38 & DO feel a bit silly now - Just confused us as we thought if we put her down as a child of ours & just leave it as - NO not migrating - they would think hubby was not a very good father!!! ha ha
Thanks for replying - has cleared it up for me

Cheers
Jubri

Britishaussie

Yes- I thought exactly the same thing ("what sort of parents ARE they?"). They're just trying the old intelligence test I think - I fail at the first hurdle in most cases ...

Peter

I am in the same boat. You only include people on the application that are actually migrating. Since your child will be an Australian by descent, they aren't technically migrating.

Just mention in your statement that your child is accompanying you both to Australia and include copies of the birth certificate, citizenship certificate and the bio page of their passport.