Permanent Residence

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Permanent Residence


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Old 07-13-2015, 08:20 AM
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Permanent Residence

Hi all

My friend and his wife have had a permanent residency for Australia for the past 8 months but have been staying out of Australia in another country. Now his wife is pregnant and would be giving birth in the next few months.

Their child would be born outside of Australia and in another country. Since both of them have permanent residency to Australia, does the new born child get PR as well even though the child is born in another country?


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Old 07-13-2015, 08:32 AM
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They will need to apply for a child visa for the baby.


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Old 07-13-2015, 11:22 AM
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No, they need to get a child visa for the baby since they are outside Australia. If the baby were born in Australia it would be granted Australian citizenship.

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Old 07-16-2015, 08:49 AM
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Thank you Mish and Maggie.

Could either of you please elaborate more on child visa? Where will the visa be lodged from, currently country of residence or Australia? What privileges will the child visa come with? How different will the child visa be from a PR?


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Old 07-16-2015, 09:10 AM
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Have a look at this link: Child visa (subclass 101)

It will end up being PR but you can't add people to a PR once the PR has been granted. I vaguely remember seeing recently that someone that had applied for the 101 for their child waited around 12 months for it to be processed.


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Old 08-24-2015, 04:18 AM
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Quote:
Originally Posted by Mish View Post
Have a look at this link: Child visa (subclass 101)

It will end up being PR but you can't add people to a PR once the PR has been granted. I vaguely remember seeing recently that someone that had applied for the 101 for their child waited around 12 months for it to be processed.
Hi what happens if the parents are on a Skilled Regional (Provisional) visa (subclass 489) and a baby is born 1 year after the grant of this visa. What type of visa will the baby get?


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Old 08-24-2015, 04:47 AM
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Quote:
Originally Posted by Maggie-May24 View Post
No, they need to get a child visa for the baby since they are outside Australia. If the baby were born in Australia it would be granted Australian citizenship.
Yes, the baby will be an Australian citizen if born in Australia.

Children born in Australia after 20 August 1986:
- Are not automatically granted Australian citizenship.
- In order to be an Australian citizen, at least one parent must be an Australian citizen or permanent resident at the time of the child’s birth.
- If neither parent is an Australian citizen or a permanent resident at the time of birth, the child is a temporary resident. The child will hold the same visa subclass as the parent’s temporary resident visa.
- The child may become an Australian citizen on their 10th birthday if ordinarily resident in Australia for those 10 years.


Last edited by darwin; 08-24-2015 at 04:51 AM. Reason: Mistake

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Old 08-24-2015, 05:10 AM
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Quote:
Originally Posted by awsum View Post
Hi what happens if the parents are on a Skilled Regional (Provisional) visa (subclass 489) and a baby is born 1 year after the grant of this visa. What type of visa will the baby get?
The child will hold the same visa subclass as the parentís temporary resident visa.
The child will have the same Nationality/Citizenship as the parent(s). The parent will need to register the birth at their Embassy in Australia.

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Old 08-24-2015, 08:41 PM
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Quote:
Originally Posted by JandE View Post
The child will hold the same visa subclass as the parentís temporary resident visa.
The child will have the same Nationality/Citizenship as the parent(s). The parent will need to register the birth at their Embassy in Australia.
Thank you.

Does that mean if the parents are on a Skilled Nominated visa (subclass 190), the baby will become an Australian citizen?


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Old 08-24-2015, 10:45 PM
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If the baby is born in Australia and one or both parents are Permanent Residents, then the baby will be an Australian citizen. If the parents hold temporary or transitional visas (such as the 489), then the baby will hold the same visa as the parents. There's undoubtedly paperwork to be completed and submitted to add the baby the parents' visa.

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