Wife on Subclass 309 travelling overseas

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Wife on Subclass 309 travelling overseas

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Old 12-19-2010, 01:42 PM
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Wife on Subclass 309 travelling overseas

Hi all, I became an Australian citizen in January 2010 (so not an Australian citizen by descent). I married a girl from outside Australia. She came to Australia on spouse visa (sub class 309) and it has been 13 months for her on this visa since the time of her visa application.

Now, I have been offered a job in the Middle East. I want to move there but have two questions.

First, since my wife is on spouse visa with subclass 309, will her visa be still converted to permanent visa (subclass 100) after 2 years from the date of her visa application, provided that she stays with me in the overseas country for this whole time? Therefore, can she become a permanent resident of Australia while living overseas? If yes, do I need to go to the overseas country's embassy to get permanent resident visa labelled on her passport.

Secondly, my wife is currently pregnant. If we have the baby in an overseas country, will my child qualify for Australian citizenship and therefore Australian passport? Since I am not an Australian citizen by descent myself, I am worried if the authorities do not let my kid to become Australian citizen unless born in Australia. Are there any other conditions that I should be considering before moving to an overseas country?

Thanks in anticipation.

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Old 12-20-2010, 05:07 AM
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You can read on Partner Visa: Offshore Temporary and Permanent (subclasses 309 and 100) that PR can be granted abroad though you should check with Immi re the need for a validation trip though it could be advised of at time of grant.
You also need to advise Immi so as they will know how to contact you and send forms etc.
A child born with an Australian citizen parent will have Australian citizenship at birth.
Australian Citizenship – Becoming an Australian Citizen

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