[Aussie44]

Hi again!

Apologies for the flood of questions; I just stumbled across this great forum!
This might not be the best forum for this question but hoping someone can help as Google is a little inconsistent!

My partner and I are considering having a child together soon. I'm Aussie and he is American. We want the child to have citizenship in both countries. I know Australia has dual citizenship but I don't think the US does.

If the child was born in Australia, would it also be a US citizen because my boyfriend is American?

If not, and we had the child in the US, would it be both an American and Australian citizen?

Thank you!

 

[Skybluebrewer]

Yes, the US does allow multiple citizenships.

Read here for the conditions of US citizenship at birth if born overseas.

 

[Skybluebrewer]

Here's one that's a bit easier to read.

 

[ampk]

A child born overseas with at least one parent an Australian Citizen, is eligible to be an Australian by descent.

 

[Aussie44]

Thank you! I ideally want to have the child in Australia (close to my family) however, my boyfriend, understandably, wants to ensure that the child will also be a US citizen and I know the US is a lot stricter. I appreciate your response

 

[Aussie44]

Thank you! This is really helpful, just reading it now

 

[Skybluebrewer]

These are all things you'll want to bring up with your RMA as there are a lot of little pitfalls you want to be aware of.

For example, you are applying for a partner visa soon and a medical is required, including a chest xray. It is NOT recommended to do this while pregnant but you won't get a visa grant without passing the medical, so being pregnant can delay the process significantly. Medicals are also only valid for 12 months and US applicants are taking that long or more (and there's always the risk of wait times increasing as time goes on). So if you do the medical early, it may not be valid by the time they look at your app and you could be requested to do another.

Also the must make first entry by date is very important. Any offshore partner visa must have that applicant enter Australia by that date to activate the visa or it will be cancelled. That day is dependent on the validity of medicals and police checks. So when you get those things is important. Too early and you risk being too pregnant to fly and if you're unfortunate enough that the date is timed wrong then you can throw the visa away.

In some cases, it's better to establish the first stage partner visa first and then look at having a child. Or consider applying onshore. Wait times can sometimes be longer but the partner is allowed to remain onshore while waiting with Medicare and work rights.

Just be sure you give the whole picture, including plans to have a child, to your RMA when you hire one.

 

[ampk]

Currently the sponsor does not need a medical, so only your American "boyfriend" needs a medical.

 

[Skybluebrewer]

Ah, got them backwards. Still a good idea to bring it up though. The RMA should be able to advise you on the citizenship by descent process if you have the baby in the US.

 

[Aussie44]

Thanks to you both! I did wonder if I needed to have the medical as well (given I'm the Australian citizen). We have just started looking into the visa process today, SO much to take in!

 

[Skybluebrewer]

No, only the applicant does. I just happen to be a pregnant American and so my brain flipped your roles and thought he was the Aussie while I wrote that post.

 

[ampk]

There is a little more to it than people think at the start.

It is all about the evidence in 4 categories, min 12 months de facto, passing medical and character basically. Oh and the +$7,000.

I normally tell people it can take 2-3 months to get an application ready to submit & start early on getting the form 888's done.

Another option currently available is your "partner" to get an ETA come to Australia then apply onshore for the Partner Visa. As soon as the Partner Visa is lodged he is eligible for Medicare and will have full work right 3 months after arrival in Australia on the ETA.

An on or offshore application depends a lot on peoples circumstances.