Sammy G

Hi Everyone

I am pretty new here and have been absorbing as much as I can but our
situation is a bit tricky so I will briefly outline. I have my dad on
the job in Oz trying to get the best info for us as well. I have dual
citizenship british & aussie and have been in Uk for last 7 years but
now its time to go home. I am currently Pregnant with our 1st little
bundle due 04.05.04. (considered a high risk pregnancy) But we both
really want the baby to be born in Oz

My partner & I are engaged and would be eligible for defacto but don't
have time to apply here (4 months processing time) I don't really want
to go to Oz on my own just in case anything goes wrong, and I wouldn't
be allowed to fly so late on if I were to wait till it was finished.

We could do the prospective marriage visa but that puts us very soon
after the baby arriving - I would definitely like to enjoy our big
day and not be so exhausted from the new baby. so that isn't really
an option but maybe our only one. Its nine months from application
isn't it??

What we were originally going to do was get him out there on a tourist
visa and apply for the de-facto as soon as possible but after doing the
research and reading here that may not be such a great idea either so
now I am starting to get stressed....... Our flat is sold and we will be
homeless in about 4- 6 weeks.

We need to make a decision. Would they really deport him if he goes out
under a tourist visa and applies for his de-facto visa. HELP!!!!!!!!!!!

Thanks for any advice at all. Sammy G

Bkate

Originally posted by Sammy G

    > Hi Everyone

    > I am pretty new here and have been absorbing as much as I can but our
    > situation is a bit tricky so I will briefly outline. I have my dad on
    > the job in Oz trying to get the best info for us as well. I have dual
    > citizenship british & aussie and have been in Uk for last 7 years but
    > now its time to go home. I am currently Pregnant with our 1st little
    > bundle due 04.05.04. (considered a high risk pregnancy) But we both
    > really want the baby to be born in Oz

    > My partner & I are engaged and would be eligible for defacto but don't
    > have time to apply here (4 months processing time) I don't really want
    > to go to Oz on my own just in case anything goes wrong, and I wouldn't
    > be allowed to fly so late on if I were to wait till it was finished.

    > We could do the prospective marriage visa but that puts us very soon
    > after the baby arriving - I would definitely like to enjoy our big
    > day and not be so exhausted from the new baby. so that isn't really
    > an option but maybe our only one. Its nine months from application
    > isn't it??

    > What we were originally going to do was get him out there on a tourist
    > visa and apply for the de-facto as soon as possible but after doing
    > the research and reading here that may not be such a great idea either
    > so now I am starting to get stressed....... Our flat is sold and we
    > will be homeless in about 4- 6 weeks.

    > We need to make a decision. Would they really deport him if he goes
    > out under a tourist visa and applies for his de-facto visa.
    > HELP!!!!!!!!!!!

    > Thanks for any advice at all. Sammy G



The only advice I can think of is do a 'front loaded' de facto
application I think they are coming back in four weeks. Do a search on
here for front loaded, spouse or de facto visa there is a wealth of info
on it. Basically you submit everything together forms, medicals, police
checks, prove of relationship etc. If you hav'nt already read the
partner booklet which you can download from www.immi.gov.au.
Hope that helps!

George Lombard

Hi Sammy,

Your partner can certainly travel to Australia and then apply for a spouse
visa onshore. At a seminar yesterday DIMIA effectively stated that they
would never cancel a visitor visa because someone arrived one day and lodged
an onshore spouse visa the next. But there would be the problem of arriving
on a visitor visa and completing the arrival card with the statement that he
only intended a visit. If he told the truth they might not let him into the
country...

Cheers

George Lombard

Jaj

Out of interest, why do you want the baby to be born in Australia?

From a citizenship point of view it *might* be better to have the
child born in the UK. The answer will depend on the following:

- How did you get British citizenship (birth, descent from a parent,
or naturalisation)?
- Same question for your Australian citizenship
- How long have you lived in Australia in the past?

Jeremy

    >On Fri, 21 Nov 2003 15:20:25 +0000, Sammy G <member18121@british_expats.com> wrote:
    >Hi Everyone
    >I am pretty new here and have been absorbing as much as I can but our
    >situation is a bit tricky so I will briefly outline. I have my dad on
    >the job in Oz trying to get the best info for us as well. I have dual
    >citizenship british & aussie and have been in Uk for last 7 years but
    >now its time to go home. I am currently Pregnant with our 1st little
    >bundle due 04.05.04. (considered a high risk pregnancy) But we both
    >really want the baby to be born in Oz


This is not intended to be legal advice in any jurisdiction

Sammy G

Originally posted by Jaj

    > Out of interest, why do you want the baby to be born in Australia?


    > From a citizenship point of view it *might* be better to have the

    > child born in the UK. The answer will depend on the following:


    > - How did you get British citizenship (birth, descent from a parent,

    > or naturalisation)?

    > - Same question for your Australian citizenship

    > - How long have you lived in Australia in the past?


    > Jeremy


    > [

    > HI Jeremy

    > We have been trying to get to Oz for the past 12 months but our flat
    > wasn't selling so its not that we have only decided to go since I got
    > pregnant it just that timing is never quite how you want it to be!

    > We have looked into the babies rights and the baby would be entitled
    > to both through me. I was born in Australia and lived there till 7
    > years ago so if the baby was born in the Uk it would be entitled to
    > Aussie citizenship by descent. If the baby is born in Oz then the
    > baby will have British citizenship by descent as I have my british
    > Citizenship by naturalisation.


    > Sammy

Jaj

Hi Sammy
You're quite correct the baby should have dual citizenship either way.
Naturalised British citizens can pass on their citizenship to children
born outside the UK.

I presume your British naturalisation certificate is dated on or after
4th April 2002, otherwise you have probably lost Australian
citizenship and will have to apply for resumption.

The only other point to consider is that it's somewhat easier for
Australian citizens by descent to pass on their citizenship to
children born outside Australia (they need to have lived in Australia
for 2 years) while there are many more restrictions on British
citizens by descent passing on British citizenship to non-UK born
children. These are explained here:
http://www.ind.homeoffice.gov.uk/default.asp?PageId=148

This won't affect your child but would affect your future
grandchildren, although citizenship law can change in that kind of
timeframe.

Jeremy

    >> HI Jeremy
    >> We have been trying to get to Oz for the past 12 months but our flat
    >> wasn't selling so its not that we have only decided to go since I got
    >> pregnant it just that timing is never quite how you want it to be!
    >> We have looked into the babies rights and the baby would be entitled
    >> to both through me. I was born in Australia and lived there till 7
    >> years ago so if the baby was born in the Uk it would be entitled to
    >> Aussie citizenship by descent. If the baby is born in Oz then the
    >> baby will have British citizenship by descent as I have my british
    >> Citizenship by naturalisation.
    >> Sammy
    >--
    >Posted via http://britishexpats.com

This is not intended to be legal advice in any jurisdiction

Sally1968

Originally posted by Sammy G

    > Hi Everyone

    > I am pretty new here and have been absorbing as much as I can but our
    > situation is a bit tricky so I will briefly outline. I have my dad on
    > the job in Oz trying to get the best info for us as well. I have dual
    > citizenship british & aussie and have been in Uk for last 7 years but
    > now its time to go home. I am currently Pregnant with our 1st little
    > bundle due 04.05.04. (considered a high risk pregnancy) But we both
    > really want the baby to be born in Oz

    > My partner & I are engaged and would be eligible for defacto but don't
    > have time to apply here (4 months processing time) I don't really want
    > to go to Oz on my own just in case anything goes wrong, and I wouldn't
    > be allowed to fly so late on if I were to wait till it was finished.

    > We could do the prospective marriage visa but that puts us very soon
    > after the baby arriving - I would definitely like to enjoy our big
    > day and not be so exhausted from the new baby. so that isn't really
    > an option but maybe our only one. Its nine months from application
    > isn't it??

    > What we were originally going to do was get him out there on a tourist
    > visa and apply for the de-facto as soon as possible but after doing
    > the research and reading here that may not be such a great idea either
    > so now I am starting to get stressed....... Our flat is sold and we
    > will be homeless in about 4- 6 weeks.

    > We need to make a decision. Would they really deport him if he goes
    > out under a tourist visa and applies for his de-facto visa.
    > HELP!!!!!!!!!!!

    > Thanks for any advice at all. Sammy G



Just thought I would let you know that the 4 months processing time is
just a guide line. I don't know of anyone who applied for a spouse visa
that had to wait that long. We applied in the summer and from the day
that we sent it off to receiving it back was 25 days. If you front load
then you should be able to get you visa much quicker.



Good luck with the baby.



Sally and family