Since giving birth to our own baby girl since migrating down under we’ve had a number of comments made on this associated post asking what the immigration status, residency or citizenship status of their own baby will be following the birth.
With this in mind I thought I’d write up a quick article to summarise the residency and citizenship status of your baby should you be blessed with the birth of a new child whilst spending your time down under.
On the assumption that you applied for your Permanent Residency visa before your baby was born the following circumstances will normally apply.
If your baby is born in Australia, and at least one parent is an Australian permanent visa holder or Australian citizen, your baby is an Australian citizen by birth. No Australian visa is required for this baby.
If your baby is born in Australia and neither parent is an Australian citizen or permanent visa holder, your baby will generally automatically acquire the visa of either parent dependent on whichever visa is more “beneficial”.
If your baby is born outside Australia, and at least one parent is an Australian citizen otherwise than by descent, your baby is eligible for Australian citizenship by descent.
If your baby is born outside Australia and at least one parent is an Australian citizen by descent and that parent was present in Australia lawfully for at least 2 years before your baby’s citizenship registration, your baby is eligible for Australian citizenship by descent.
If your baby is born outside Australia, and neither parent is an Australian citizen, your baby has no immigration status in Australia and will need a visa to enter Australia.
What happens if I have my Australian visa, but not validated it, and my child is born outside Australia?
If your Australian Visa has already been granted to you but you’ve not been to Australia to validate the Visa then you’re newborn child will not automatically be granted a visa as part of your own application.
You will have to advise the DIAC about the new addition to your family, as a change of circumstances before you validate your own Visa as your baby will have to be sponsored on a child visa in its own right.
This is normally a straight forward process however you should add at least 10 – 12 weeks for the new baby to be added.
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