Baby Stranded Overseas

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.

Baby Stranded Overseas


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 03-14-2018, 08:57 PM
Active Member
 
Join Date: Oct 2015
Posts: 11
Users Flag! From germany

Baby Stranded Overseas

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?


  #2 (permalink)  
Old 03-14-2018, 09:53 PM
Moderator
 
Join Date: Jul 2011
Posts: 5,213
Users Flag! From canada

1526 likes received
148 likes given
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.

__________________
186 visa - Temporary Residence Transition stream
Granted Dec 2013

  #3 (permalink)  
Old 03-14-2018, 10:02 PM
CCMS's Avatar
Senior Member
 
Join Date: Oct 2013
Location: Cairns
Posts: 6,557
Users Flag! From australia

2421 likes received
181 likes given
Send a message via Skype™ to CCMS
Don't even consider "simply overstaying". Having the baby overseas instead of Australia will certainly complicate matters and you will have to plan accordingly.

__________________
Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA or download OUR APP from the Apple Store or Google Play

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 03-14-2018, 10:22 PM
Eh? Eh? is offline
Senior Member
 
Join Date: Aug 2017
Location: QLD
Posts: 891
Users Flag! From canada

191 likes received
56 likes given
Quote:
Originally Posted by cdwcdw View Post
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.

__________________
309/100 Visa Timeline:
Applied: February 12th, 2018, in Canada.
Front Loaded Application.
Visa Granted: March 20th, 2018.

  #5 (permalink)  
Old 03-14-2018, 11:01 PM
Senior Member
 
Join Date: Jan 2016
Posts: 4,534
Users Flag! From usa

1467 likes received
434 likes given
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.


  #6 (permalink)  
Old 03-14-2018, 11:19 PM
Senior Member
 
Join Date: Jan 2016
Posts: 4,534
Users Flag! From usa

1467 likes received
434 likes given
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.


  #7 (permalink)  
Old 03-15-2018, 09:47 AM
Active Member
 
Join Date: Oct 2015
Posts: 11
Users Flag! From germany

Thanks for the suggestions, everyone. It's certainly given us plenty to think about.


Closed Thread

Tags
child, citizenship, overstay, passport, visa

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
Australian born baby(citizen)-continue living overseas hotdawg Visas and immigration 5 10-07-2016 02:59 PM
Baby is on the way& what should I do to get PR visa and to live with my baby in Au? M.beyonsai Visas and immigration 8 09-26-2015 10:49 PM
Australain Citizenship for baby born overseas dap29 Visas and immigration 3 06-03-2015 04:05 AM
Stranded in the U.S.A. BerniceM Visas and immigration 13 01-07-2015 07:48 AM
Baby on the way ..what to do? NZlander Visas and immigration 1 09-15-2012 04:31 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 08:30 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