Urgent Help

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree2Likes

Urgent Help


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 01-05-2015, 05:37 AM
Senior Member
 
Join Date: Dec 2014
Posts: 139
Users Flag! From australia

11 likes received
6 likes given
Urgent Help

Hello Mish,becky and other senior members could you please advise me about my child visa...

I am australian citizen and my wife is indian citizen. we also have 17 months old daughter who born in india.

In 2014 we applied for my wife visa under 309/100 and added my indian born daughter as well,who is holding indian passport.

i just got call from My wife's visa CO and she asked me why i didnt applied for my daughter's australian passport as she is eligible for one.

i told her one of my friend told me not to apply for australian passport,because then its very hard to get exit visa for your daughter from india.

as my daughter born in india and we had to choose between indian and australian passport,so we choose for indian passport,and applied for her australian visa along with my wife visa.

I told this facts to CO and she replied that she will discuss this with her seniors and she will get back to me ASAP.she also mentioned that we cant added/apply my daughter visa under 309/100.

please give me some suggestion,i am freaked out.

Thanks.


  #2 (permalink)  
Old 01-05-2015, 05:49 AM
CollegeGirl's Avatar
Moderator
 
Join Date: Nov 2012
Posts: 9,033
Users Flag! From usa

4424 likes received
6268 likes given
Unfortunately I'm not sure we're going to be able to help on this one - hopefully your CO will come back with answers for you.

The CO is correct that any child born overseas to an Australian citizen is automatically eligible for citizenship via descent and typically applies for a passport. Since the child is considered a citizen just by being born to you, she is not eligible for any sort of Australian visa. Why would she need one? She's a citizen.

Does India allow dual citizenship? If not (and some things I've found with a quick Google have indicated it potentially does not) then by applying for an Indian passport for your child you may have renounced her Australian citizenship? In that case she would need a visa and would need to be included on the application.

Good luck figuring this all out!

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

  #3 (permalink)  
Old 01-05-2015, 05:52 AM
Senior Member
 
Join Date: Dec 2014
Posts: 139
Users Flag! From australia

11 likes received
6 likes given
I don't have problem with this if they allow her to come in australia on indian passport.

on the line after few years she can choose,she want to carry indian citizenship or she want to have australian because after few years she will be eligible for one anyway.

Thanks for your help,i am just confused what going to happen now.


Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 01-05-2015, 05:58 AM
Moderator
 
Join Date: Jan 2013
Location: Australia
Posts: 11,213
Users Flag! From australia

3687 likes received
1175 likes given
I will just put briefly what I told you in PM.

The case officer I believe is correct as the child is eligible for Australian citizenship.

Becky is the best person to ask on the in and outs of India.

India doesn't allow duel citizenship but I have heard that people reapply for Indian citizenship after they get Australian citizenship. Becky can confirm if this is possible.


  #5 (permalink)  
Old 01-05-2015, 06:07 AM
Moderator
 
Join Date: Jan 2013
Location: Australia
Posts: 11,213
Users Flag! From australia

3687 likes received
1175 likes given
I did a quick google search. Your daughter applies for Australian citizenship but has to renounce her Indian citizenship and then apply for an OCI which will allow her visa free entry into India more or less lifelong (google told me so don't shoot me if I am wrong).

Google also told me that once you are an Australian citizen the GoI will no longer recognise you as a full Indian citizen and hense you can't keep the Indian passport.

This must be how people essentially get to keep both (in a way).


  #6 (permalink)  
Old 01-05-2015, 06:58 AM
Senior Member
 
Join Date: Dec 2014
Posts: 139
Users Flag! From australia

11 likes received
6 likes given
yes you are right about OCI but i am confused why she can't have indian passport as her mother is indian and she born in india.As indian constitution gives right to that person who born in india with one of his/her parent is indian at the time of birth.

Citizenship of India

Acquisition and loss of Indian citizenship is based upon the Citizenship Act of 1955. Despite the variety of states, peoples, and languages in India, the law recognizes only Indian citizenship. Dual citizenship is not recognized. So, in case an Indian citizen acquires a foreign citizenship he loses citizenship of India. One can get citizenship of India by birth, by descent, or by naturalization.

Citizenship by birth

Child born within the territory of India, regardless of the nationality of the parents, becomes an Indian citizen. Though the law of India does recognize citizenship through birth in the country, unless the citizenship is actively applied for, the Indian government does not consider the child a citizen of India. The person has the right to return to India upon reaching the age of 18 and applying for Indian citizenship.

Citizenship by descent

Child born of an Indian father, regardless of the child’s country of birth.
Child of an Indian mother and a foreign father is considered an Indian citizen if the mother and child continue to live in India and the father does not give the child his country’s citizenship.
Child born out of wedlock to an Indian mother, regardless of the child’s country of birth. Children born abroad must be registered at an Indian Consulate.

But i can't understand why CO got problem with her indian citizenship,in my daughter case she should have visa and then we change it over in australia.As her mother is indian citizen and father australian.


  #7 (permalink)  
Old 01-05-2015, 07:03 AM
GBP GBP is offline
Senior Member
 
Join Date: Jun 2013
Posts: 1,366
Users Flag! From australia

466 likes received
60 likes given
it is probably because DIBP cannot grant a visa to a person that is an Aus citizen.


  #8 (permalink)  
Old 01-05-2015, 07:08 AM
Moderator
 
Join Date: Jan 2013
Location: Australia
Posts: 11,213
Users Flag! From australia

3687 likes received
1175 likes given
Probably because she is eligible for Australian citizenship.


  #9 (permalink)  
Old 01-05-2015, 07:22 AM
EDT's Avatar
EDT EDT is offline
Senior Member
 
Join Date: Aug 2014
Posts: 563
Users Flag! From australia

161 likes received
Maklaw if I were you I will consult a migration agent to help you fix this mess if its doing your head.

__________________
Visa: Subclass 309/100
Applied: Australian Embassy in Madrid
Lodged: June 5, 2014
Medicals and finger prints: supplied 3 weeks later after lodging applicafion
Case Officer Allocation: straight away
309 Grant Date: 23/01/2015
Arrival in Australia: 24 April 2015
Visa Subclass 100: submitted May 2016
Visa subclass 100 grant : 19 October 2017
Citizenship eligibility: 24 April 2019

  #10 (permalink)  
Old 01-05-2015, 08:01 AM
CollegeGirl's Avatar
Moderator
 
Join Date: Nov 2012
Posts: 9,033
Users Flag! From usa

4424 likes received
6268 likes given
Or you can post in the Ask Mark thread - that might be helpful to you as well.

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
urgent help shael Visas and immigration 1 08-14-2014 12:02 PM
Urgent Enrica Visas and immigration 3 04-09-2014 01:02 AM
urgent help august Visas and immigration 1 12-22-2012 01:43 PM
Hello - Urgent Help ragz_tl New member introductions 0 05-30-2011 10:50 AM
urgent psychopainkiller Visas and immigration 2 07-02-2010 06:57 AM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 10:09 PM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com