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

Originally posted by 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

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


Originally posted by 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.

Britishaussie

Originally posted by 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
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 ...

Ulujain

Originally posted by 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


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.