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Urgent Help - Page 2


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  #11 (permalink)  
Old 01-05-2015, 08:15 AM
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Thanks Mish And CG i did post my question to Mark as well,waiting for reply.

And waiting for CO call as well,as i requested to her that i am off work today so if it is possible call me back.she said she going to consult with some senior about my daughter visa.hope she will come with some solution.


  #12 (permalink)  
Old 01-05-2015, 08:44 AM
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Location: Brisbane, Australia
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As I mentioned in my reply to your private message, your child is eligible for Australian citizenship by decent which makes her ineligible for any kind of visa to Australia.
Your case officer is correct, you need to apply for her passport ASAP if you don't want to face any issues with your partner visa application.

As for your daughter returning to India, Mr Modi has made things a lot easier for people who have Indian heritage and live in the USA, UK, Canada, Australia and few other countries to get life time visas to facilitate them coming home without any issues.
I don't think your friend has the correct information.

Kind Regards,
Becky

Sent from my iPhone using Australia Forum App

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__________________
2 Psalm 37:4 Delight yourself in the Lord and he will give you the desires of your heart..

Applied: AHC, New Delhi
Visa Grant:October 16, 2014
PR Eligibility: July 22, 2015
Subclass 100 Submission: August 08, 2015
PR Grant: December 08, 2015
Citizenship Eligibility: October 20, 2018
Citizenship Application: October 22, 2018
Location: Paper Application, DIBP Brisbane
Citizenship Interview and Exam: August 08, 2019
Citizenship Approval: August 24, 2019
Citizenship Ceremony: Awaiting

  #13 (permalink)  
Old 01-05-2015, 10:07 AM
Becky26's Avatar
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So after googling the information, it looks like you will have to withdraw your daughter's visa application and apply for her citizenship "by decent" first.
Once you have done that, the processing time for this at the AHC New Delhi is 15-20 days. A child born overseas can be registered as an Australian citizen by descent if at least one of the biological parents was an Australian citizen at the time of the child's birth.
Below is the link from AHC New Delhi website:-
Citizenship - Visas and Migration - Australian High Commission

Below is the link which shows the processing time frame:-
CURRENT AVERAGE PROCESSING TIMES - Australian High Commission

Once you have received your child's certificate of Australian Citizenship you may wish to apply for an Australian passport on their behalf.
Below is the link with more information:-
Citizenship - Visas and Migration - Australian High Commission

After that you will have to apply for an Exit permit for your daughter after she has been issued her Australian passport. Below is the link to the FRRO website where you can get the forms by filling out the form with your details where your daughter lives:-
A Servlet

Even though the AHC New Delhi website states that the person will need to apply for an Exit Permit, I don't understand the point of it when the person/child in this situation can apply for an OCI card which is valid for a lifetime, why would they still want them to go through the Exit Permit process. Here is a link from the Bureau of Immigration, India that explains who is eligible for an OCI card:-
Person Of Indian Origin (PIO)|Bureau of immigration India

Then after the Exit Permit, you'll have to go to the PSK which issued your daughter her Indian passport to surrender it by applying for a Surrender Certificate. Below is a link from the Passport Seva website which have information on how to do it and what forms to fill:-
Surrender Certificate : FAQ | Passport Seva

Hope this helps. Good Luck!

Kind Regards,
Becky

Sent from my iPhone using Australia Forum App

__________________
2 Psalm 37:4 Delight yourself in the Lord and he will give you the desires of your heart..

Applied: AHC, New Delhi
Visa Grant:October 16, 2014
PR Eligibility: July 22, 2015
Subclass 100 Submission: August 08, 2015
PR Grant: December 08, 2015
Citizenship Eligibility: October 20, 2018
Citizenship Application: October 22, 2018
Location: Paper Application, DIBP Brisbane
Citizenship Interview and Exam: August 08, 2019
Citizenship Approval: August 24, 2019
Citizenship Ceremony: Awaiting

Last edited by Becky26; 01-05-2015 at 10:13 AM.

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  #14 (permalink)  
Old 01-05-2015, 10:16 AM
Becky26's Avatar
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Below is a document checklist available on VFS Australia's website:-
CBD New Delhi Documents Checklist - Australian High Commission

Below is the information on the citizenship process available on DIBP's website, although I'm not too sure how current it is since there has been some contradicting information on their website a few times:-
Australian Citizenship – Child born overseas to an Australian citizen

Good Luck!!

Kind Regards,
Becky

Sent from my iPhone using Australia Forum App

__________________
2 Psalm 37:4 Delight yourself in the Lord and he will give you the desires of your heart..

Applied: AHC, New Delhi
Visa Grant:October 16, 2014
PR Eligibility: July 22, 2015
Subclass 100 Submission: August 08, 2015
PR Grant: December 08, 2015
Citizenship Eligibility: October 20, 2018
Citizenship Application: October 22, 2018
Location: Paper Application, DIBP Brisbane
Citizenship Interview and Exam: August 08, 2019
Citizenship Approval: August 24, 2019
Citizenship Ceremony: Awaiting

  #15 (permalink)  
Old 01-05-2015, 10:28 AM
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Posts: 139
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I called you Legend before and that always stand.Thanks for you useful information God will give you rewards for this help.

I waited for CO to called me back so i can talk or read what she suggesting but seem like she got more important things to attend first.so no call or email from her.

do you think i should write an email to her and ask her suggestions? or wait for her to call me or email me back regarding this issue.

original conversation as follows on phone.

She called me on my mobile..Mr x speaking yes i am Mr x i am RS CO calling from immi dept.

What is your Date of birth.

You have got daughter name Y..yes i do have and she is applicant along with my wife.

You are Ausi Citizen,yes i am Ausi citizen as well as i have OCI.

Why you didn't applied for your daughter passport on behalf of your ausi citizenship.

I said because one of my friend,warned me its going to be very hard to get her Exit Visa.so we went for indian passport option and once she is in australia we will apply for her ausi citizenship.

CO oh OK,i don't know about Exit Permit,let me talk to my senior.I am going to put you on hold.

Few minutes later she said,i will get back to you once i consult with my senior.

I said kindly please give me call back as i am off today and i have to go to work tomorrow.CO replied i will try..

Since i am waiting nothing on phone nor on email...

Thanks for you help Becky


  #16 (permalink)  
Old 01-05-2015, 10:40 AM
Becky26's Avatar
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Location: Brisbane, Australia
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Thank you for your kind words. Happy to help
Because your daughter is eligible for Australian citizenship, hence making her ineligible for an Australian visa; I don't quite understand how or what your case officer is discussing with her seniors. You have an OCI card, that makes her eligible for one too cause of the Indian parents/ancestors.

If my guess is right, you will have to apply for her Australian passport. I've never come across such a situation so far. Usually its been a fairly simple and straightforward procedure.
Maybe someone experienced can comment and share their experience.
Good Luck! and please do let us know when you hear from your case officer or when you call her.

Kind Regards,
Becky

Sent from my iPhone using Australia Forum App

__________________
2 Psalm 37:4 Delight yourself in the Lord and he will give you the desires of your heart..

Applied: AHC, New Delhi
Visa Grant:October 16, 2014
PR Eligibility: July 22, 2015
Subclass 100 Submission: August 08, 2015
PR Grant: December 08, 2015
Citizenship Eligibility: October 20, 2018
Citizenship Application: October 22, 2018
Location: Paper Application, DIBP Brisbane
Citizenship Interview and Exam: August 08, 2019
Citizenship Approval: August 24, 2019
Citizenship Ceremony: Awaiting

  #17 (permalink)  
Old 01-10-2015, 02:41 AM
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Join Date: Dec 2014
Posts: 139
Users Flag! From australia

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Hey everyone i am still waiting for CO to call me and further discussion about my daughter case.i am waiting from last 5 days but no phone call or email from CO.I don't know what she is discussing with seniors.

Upon my discussion with my few friends,one of my friend who came from Afghanistan and he is Australian citizen.He told me when he got married and applied for his wife and his son visa,who was born in Afghanistan.

No one asked this question regarding Citizenship By descent.simply he applied his wife and son visa under 309/100 and they got it.After that he applied citizenship for his son in Australia and this he filled form 118 and 119.

Now i am very confused what to do? i don't wanted to bother CO with my phone call or email rather wait for their response.

No where i found any answers regarding,my daughter issue...don't know what to do.
Hope someone went through this problem in past,please share your views and solutions.

Thanks


  #18 (permalink)  
Old 01-10-2015, 05:55 AM
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Location: Syney NSW
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From what has been posted, the case officer is wrong.

__________________
Westly Russell
Registered Migration Agent
Number 0316072
pinoyau.com

  #19 (permalink)  
Old 01-10-2015, 12:00 PM
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Posts: 139
Users Flag! From australia

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Thanks Wrussell for reply,but could you please explain bit more....


Last edited by maklaw; 01-10-2015 at 12:28 PM.

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