NnN Posted February 4, 2020 Share Posted February 4, 2020 (edited) HI ALL I am new to this topic. my 186 trt stream visa got refused and we applied to AAT, so I am on bridging visa. My son is born in Australia and turned 10 recenrly . we are going to apply for his Australian citizenship. My question is once my son gets his citizenship than what options we have available to stay in Australia if we want to apply any visa on my son basis. Edited February 4, 2020 by NnN Quote Link to comment Share on other sites More sharing options...
rammygirl Posted February 4, 2020 Share Posted February 4, 2020 How is your son eligible for citizenship? Quote Link to comment Share on other sites More sharing options...
purplealster Posted February 4, 2020 Share Posted February 4, 2020 (edited) As far as I am aware, a child can only be eligible for Australian citizenship if the parents were PR or citizens themselves at the time of the childs birth. My son was born an australian citizen because we were PR at the time of his birth but his sister was not because when she was born two years earlier we were on 457 visas and therefore she had the same status as us. Just being born in Australia doesn't automatically give you citizenship. Edited February 4, 2020 by purplealster Quote Link to comment Share on other sites More sharing options...
Nemesis Posted February 4, 2020 Share Posted February 4, 2020 19 minutes ago, NnN said: HI ALL I am new to this topic. my 186 trt stream visa got refused and we applied to AAT, so I am on bridging visa. My son is born in Australia and turned 10 recenrly . we are going to apply for his Australian citizenship. My question is once my son gets his citizenship than what options we have available to stay in Australia if we want to apply any visa on my son basis. you would need to look at whether he can sponsor you for parents visas. Quote Link to comment Share on other sites More sharing options...
NnN Posted February 4, 2020 Author Share Posted February 4, 2020 20 minutes ago, rammygirl said: How is your son eligible for citizenship? If Child born in Australia stays in Australia on valid visa till 10th birthday is eligible for citizenship Quote Link to comment Share on other sites More sharing options...
Nemesis Posted February 4, 2020 Share Posted February 4, 2020 1 hour ago, NnN said: If Child born in Australia stays in Australia on valid visa till 10th birthday is eligible for citizenship yes, but whether he is eligible to sponsor you is anther matter Quote Link to comment Share on other sites More sharing options...
NnN Posted February 4, 2020 Author Share Posted February 4, 2020 Just now, Nemesis said: yes, but whether he is eligible to sponsor you is anther matter I think that's my question too Quote Link to comment Share on other sites More sharing options...
DukeNinja Posted February 4, 2020 Share Posted February 4, 2020 I'm pretty confident child labour is frowned upon nowadays. Quote Link to comment Share on other sites More sharing options...
DukeNinja Posted February 4, 2020 Share Posted February 4, 2020 2 hours ago, NnN said: I think that's my question too Jokes aside, speaking to a MARRA registered migration agent may be of help to you. Quote Link to comment Share on other sites More sharing options...
ali Posted February 4, 2020 Share Posted February 4, 2020 What visa were you thinking of applying for - a parent visa? Does his other parent have the right to reside in Australia or are they part of your refused application? I do think your situation sounds complex - without knowing much about the visa's I do know that some ask for a sponsor to assure a financial undertaking (which your child would be unable to do age 10) - you may have to be a certain age in order to be a sponsor. I agree that you should speak to a migration agent. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted February 4, 2020 Share Posted February 4, 2020 3 hours ago, NnN said: If Child born in Australia stays in Australia on valid visa till 10th birthday is eligible for citizenship Are you sure? I can’t find that on gov website. Quote Link to comment Share on other sites More sharing options...
Quoll Posted February 4, 2020 Share Posted February 4, 2020 38 minutes ago, rammygirl said: Are you sure? I can’t find that on gov website. Neither can I. The regulations for citizenship by conferral for children under 15 seem to indicate that they need to be permanent residents which would not be the case here I would have thought. Quote Link to comment Share on other sites More sharing options...
purplealster Posted February 4, 2020 Share Posted February 4, 2020 It would seem this is in fact true - just google 'child born australian citizen parent temporary'. However, it is unlikely a 10 year old would be able to sponsor a parent on a 143 at that age especially when there are obligations that need to be fulfilled - financial, medical etc. 1 Quote Link to comment Share on other sites More sharing options...
ramot Posted February 4, 2020 Share Posted February 4, 2020 I googled if a child is born in Australia will they be Australian citizens and it seems to imply yes on their 10th Birthday even if neither of the parents is Australian? But that was in 2011, rules might have changed So it might be worth getting advice from an agent, 1 Quote Link to comment Share on other sites More sharing options...
purplealster Posted February 4, 2020 Share Posted February 4, 2020 Here is link to a government website updated in Jan 2020 https://guides.dss.gov.au/child-support-guide/1/6/2 Look under heading Australian citizenship can be acquired automatically by birth or by adoption 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted February 4, 2020 Share Posted February 4, 2020 14 hours ago, NnN said: If Child born in Australia stays in Australia on valid visa till 10th birthday is eligible for citizenship In that case, your first step is to apply for his Australian passport, before you try to do anything else. That way you are sure his citizenship is on the official record. Quote Link to comment Share on other sites More sharing options...
Quoll Posted February 5, 2020 Share Posted February 5, 2020 17 hours ago, purplealster said: Here is link to a government website updated in Jan 2020 https://guides.dss.gov.au/child-support-guide/1/6/2 Look under heading Australian citizenship can be acquired automatically by birth or by adoption So, basically an anchor baby. 1 Quote Link to comment Share on other sites More sharing options...
paulhand Posted February 5, 2020 Share Posted February 5, 2020 1 hour ago, Quoll said: So, basically an anchor baby. I disagree ... 1. This term is defined as "offensive" by the Oxford dictionary 2. It is generally used to in reference to countries (particularly the US) where a child automatically acquires citizenship at birth, whatever the legal status of the child's parents. 3. In this case, the child was born in Australia and has been living here legally for the last 10 years, as have his parents. It is the only home he knows. On 04/02/2020 at 16:07, NnN said: HI ALL I am new to this topic. my 186 trt stream visa got refused and we applied to AAT, so I am on bridging visa. My son is born in Australia and turned 10 recenrly . we are going to apply for his Australian citizenship. My question is once my son gets his citizenship than what options we have available to stay in Australia if we want to apply any visa on my son basis. If your son becomes an Australian citizen, then there are potential routes to a parent visa. As a child, he cannot sponsor you, but another relative or community group can. You should seek some professional help as this can get complex and expensive. 2 Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.