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Hi everyone - I'd really like some advice.

My Irish wife is in Australia on a spousal visa. Our 3-year-old daughter is a dual citizen. We are expecting another child in August.

Since my Irish mother-in-law is ill and awaiting a serious operation, my wife intends to return home for a few months to care for her. She will bring our daughter with her and will almost certainly give birth over there.

Here's the problem: according to Home Affairs website, the wait time for citizenship by descent is six months. This will in effect leave my family, including our newborn, stranded overseas until next year.

Am I missing something? Would an Australian tourist abroad who happened to give birth really be stranded wherever she happened to be - Canada, Spain, the Congo - for over half a year till the baby's citizenship could be confirmed? That makes no sense to me.

Now we're thinking of bringing in the newborn on an Irish passport (and an Australian visa) and simply have the little one overstay. Of course, getting through immigration at the airport might be tricky.

Any suggestions out there? What should we do?
 

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No, you're not missing anything. A child born overseas is not automatically an Australian citizen, you'd need to apply for citizenship by decent.

Certainly arriving on a visitor visa and applying in Australia is an option, but I would not recommend having her "simply" overstay her visa. If you do this, for her entire life she would need to answer "Yes" to any visa application that asks if she has every overstayed a visa.
 

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Don't even consider "simply overstaying". Having the baby overseas instead of Australia will certainly complicate matters and you will have to plan accordingly.
 

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Am I missing something? Would an Australian tourist abroad who happened to give birth really be stranded wherever she happened to be - Canada, Spain, the Congo - for over half a year till the baby's citizenship could be confirmed? That makes no sense to me.
This same thing happened to a guy on my hockey team. Him and his wife were in Canada on two years visa's (WHV, I believe) from Germany, they had a baby in Canada right near the end of their WHV and then had to transition into visitor visa's while their new baby's German citizenship came through.

I'd strongly suggest following CCMS' advice. He's a trusted and well respected RMA. I would even recommend booking in a consultation with him to advise you professionally.

Good luck.
 

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I have no idea about any of this, but personally I wouldn't want to put my newborn into a germ infested aircraft or two for that long straight away. I would wait until my child had a few rounds of vaccinations and was at least a few months old before doing so.

If you applied for CBD straight away, then waited a few months to travel, then having the child enter on a tourist visa that lasts 3 or 6 months or whatever the stay period would be be a safe bet to have the citizenship approved before the visa runs out? If she has a UK passport for instance, couldn't she get an ETA which is a 3 month stay period, and if you still don't have Aussie citizenship for her by the time you near the end of that, just take a quick cheap hop to the nearest country and reenter to reset the stay period?

And of course, she'd need a passport to get a visa to come here in the first place. Otherwise you might just have to wait for the CBD to go through and then sort out an Aussie passport... I don't know how that would work. I know in the US, both parents of a minor child need to be present to apply for a passport, and if not, then one has to have the original document for notarized consent from the other parent so that would take time to mail if that's the case for this situation as well.

Like I said, I have no idea. I'm no expert. Just thought I'd brainstorm a bit for you and you can then consider professional help and see if any of those are viable options.
 

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Maybe she could also consider just getting a doctor's note for permission to fly in the third trimester and just coming back to Australia to give birth.
 
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