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Immigration Forum / Australia and NZ / October 2005



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Having an Australian citizen baby

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Barbitana - 18 Oct 2005 11:40 GMT
Hi friends,
Could anyone please shed light on the rights of parents having
Australian born children (and normally citizen)? can they expect any
kind of residency?

Tq
spottydog - 18 Oct 2005 11:49 GMT
> Hi friends,
> Could anyone please shed light on the rights of parents having
> Australian born children (and normally citizen)? can they expect any
> kind of residency?
>
> Tq

As far as I was aware for a baby born in Australia to automatically be
an Autralian citizen one of the parents has to hold PR or citizenship
therefore at least one already has residency and the other could apply
as a spouse (assuming the parents are still together).
JAJ - 19 Oct 2005 01:00 GMT
> Hi friends,
> Could anyone please shed light on the rights of parents having
> Australian born children (and normally citizen)? can they expect any
> kind of residency?
>
> Tq

No, because if neither parent is a citizen or permanent resident
then 'normally' an Australia born child will not acquire
citizenship by birth.

Jeremy

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This is not intended to be legal or professional advice in any
jurisdiction

Tincx - 28 Oct 2005 10:11 GMT
> No, because if neither parent is a citizen or permanent resident
> then 'normally' an Australia born child will not acquire citizenship
> by birth.
>
> Jeremy

Hi Jeremy

My wife is pregnant and we are both PR's living in Australia, therefore
i presume the baby will become an Australian Citizen upon birth. We
still obviuosly have to wait to become citizens ourselves, but i
wondered if you know whether the baby would hold dual citzenship as we
are citizens of the UK also.

Does the baby have to travel to the UK to obtain its citizenship there
or can it be granted from Australia?

Thank you for your time.

Cheers

Tincx
JAJ - 28 Oct 2005 10:20 GMT
> Hi Jeremy
>
[quoted text clipped - 12 lines]
>
> Tincx

Correct.   However as many people don't understand the fact that
children born to PRs in Australia are citizens, you are advised to
document this by getting a citizenship certificate for the child:
http://www.immi.gov.au/allforms/pdf/119.pdf

Unless it's changed recently, the fee is AUD55.

The child will also need an Australian passport but having a citizenship
cert as well will prevent a delay in replacement should the passport
ever be lost (especially if this happens later in life).

The birth cert proves nothing about citizenship.

The baby will be a British citizen (by descent) automatically if:

- the mother is born or naturalised in the UK; OR
- provided parents are married, the father is born or naturalised
 in the UK.

Just get a British passport to prove this.  Do that sooner rather than
later, for the reason below.

If both parents are British by descent themselves, only one parent is
British by descent, or the father is not married to the mother (and the
mother isn't British born/naturalised) then you may have to apply for
the child to be registered as a British citizen.

There are time limits for doing this.

Hence it's important to be assured your child really is British
automatically by getting a British passport immediately.    Lots of
parents get a nasty surprise when they *think* their child has a
particular citizenship and only discover later on that it doesn't.
Often it's too late at that stage to fix the problem.

http://bhc.britaus.net is the website of the British High Commission in
Australia.  They can issue British passports and accept citizenship
applications.

Jeremy

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This is not intended to be legal or professional advice in any
jurisdiction

Tincx - 28 Oct 2005 14:51 GMT
> Correct.   However as many people don't understand the fact that
> children born to PRs in Australia are citizens, you are advised to
[quoted text clipped - 36 lines]
>
> Jeremy

Thanks Jeremy, that reply was everything i needed to know.

Thank you again.

Cheers

Tincx
SuperSeagulls - 30 Oct 2005 11:51 GMT
> Thanks Jeremy, that reply was everything i needed to know.
>
[quoted text clipped - 3 lines]
>
> Tincx

Congratulations Tincx - havent heard from you for a while. Hope it is
all going well for you.

SS
Tincx - 30 Oct 2005 15:45 GMT
> Congratulations Tincx - havent heard from you for a while. Hope it is
> all going well for you.
>
> SS

Hey SS

Thanks Mate :)

When are you coming out here? Must be soon. I hope your capital
investment bond worked out well with the exchange rates I think you must
of come out of it with a bit of pocket money ;)

Threlly lives up the road but we havent managed to meet up yet!

Anyway - kinda hijacked this thread so take it easy and keep in touch.

Cheers

Tincx
SuperSeagulls - 31 Oct 2005 08:46 GMT
> Hey SS
>
[quoted text clipped - 11 lines]
>
> Tincx

Hi mate

Am arriving in May but leave the UK in February (spending10 wekes
travelling through South America en route!!).

I get the bond back in a month or so...the rate is ok, but it has been
better ......

Sorry for hijacking the thread....

SS
 
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