Returning from US with family

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Returning from US with family


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Old 11-05-2010, 03:17 PM
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Returning from US with family

Hello,

Can someone help me find the accurate information link, or someone who knows accurately the answer to my situation.

I am an Australian Citizen, my wife is a US Citizen, my wife has a daughter from a previous marriage and we have a daughter (born in the US). We are still married, living together, etc.

I want to return to Australia to settle permanently, with the family. We have been married 7 years and I came to the US on a marriage visa (all through the system).

Where do I start? My questions the the Immigration Dept. have gone unanswered for a few weeks.

Thanks,


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Old 11-05-2010, 03:33 PM
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Hi and welcome,

First of all, you should take a look at the DIAC website and have a good read of the information there about the offshore partner visa (309) if you haven't already:

Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)

Usually this is a two step process, where the applicant is granted a temporary visa, and then after 2 years in Australia they are assessed again for a permanent visa. However, since you have been together for over 2 years with a chid from the relationship, you will be able to request consideration for a permanent visa straight away.

Make sure you read the partner booklet, which is downloadable fromt the 'applying for the visa' section of the link above. There are a lot of documents that you will have to gather, as you will see from the list of evidence on the website and in the partner booklet, so you should expect to be able to apply later rather than sooner.

If you have any other questions, please get back to us


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Old 11-05-2010, 03:43 PM
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Thanks for the very quick response!

Maybe you can answer this one. What status does our daughter hold? (Australian father, American mother, born in the US)

She is obviously a US citizen, but is she an automatic Australian citizen/resident/anything, or is this dual citizen thing an urban myth? I understand there is paperwork involved, but I am curious as to how the Australian government classifies her.

Thanks,


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Old 11-05-2010, 04:23 PM
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Hi again,

You will have to apply through an embassy or consulate for your daughter to have Australian citizenship through decent. Both Australia and the US allow dual citizenship, so there won't be any problems in that regard. You'll probably need to get certified copies of her Australian citizenship, as well as her birth certificate showing your name as the birth father.

Also, if your wife has join custody of her child, she will have to show evidence that the father agrees to let her take the child to Australia. You will also have to undergo police checks as well to show that you are not a danger to her child i.e. you are not a child sex offender.


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Old 12-25-2012, 06:50 AM
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Quote:
Originally Posted by aussiegirl View Post
Hi again,

You will have to apply through an embassy or consulate for your daughter to have Australian citizenship through decent. Both Australia and the US allow dual citizenship, so there won't be any problems in that regard. You'll probably need to get certified copies of her Australian citizenship, as well as her birth certificate showing your name as the birth father.

Also, if your wife has join custody of her child, she will have to show evidence that the father agrees to let her take the child to Australia. You will also have to undergo police checks as well to show that you are not a danger to her child i.e. you are not a child sex offender.
Thanks Aussie Girl. I have a query in a simmilar issue. However I think I shall open a new thread about it and if the Mods deem it appropriate they can merge it. (sorry Mods for any extra work!) It leads on from your point about the police check and danger to her child. Your input here was helpful. If you have knowledge regarding my query it would be apreciated.


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