There is a problem in living in a society with a free flow of information. The answer is that some of that information is not true, or doesn’t apply to Australian situations.
I was a school kid in the early 70’s. No internet, obviously. Yet what did most kids grow up watching? Sesame Street! Entertaining, yes. Loved the Martians! But how did kids learn to say the last letter of the alphabet? Zeeeeeeee! I can remember arguing with my fellow 8 year olds that it was pronounced ZED! Yes, I was even bossy back then!
What does American TV teach us about immigration law?
- Marry in Australia, and she gets to stay
- Your child will automatically become an Australian Citizen at birth!
Both are wrong!
Let’s clear up the last one, because Down Under Visa had two incidents of confusion with clients just today.
A child born in Australia acquires the Citizenship of the parent. If both parents have different migration statuses, then the child gets the best status of the two parents!
So if one parent is an Aussie Citizen, then yes the child becomes an Australian Citizen at birth. However if the parent with the better migration position is on a temporary visa, the child can only take on that status. It is NOT possible for the child of a 457 holder or a student visa to acquire Citizenship at birth. The same applies to that large number of NZ Citizens in Australia, apart from those termed as “eligible New Zealand Citizens” who arrived before 26 February 2001.
But if a child is born overseas, say in Philippines, to an Aussie dad and a Filipina mum, they don’t automatically become an Australian Citizen. They are in fact a Filipino Citizen on birth, and will remain that way unless something is done about it.
I’ve had my say here about making sure your Filipina wife gets Australian Citizenship if you can. I will say basically the same thing about kids. If you have a child overseas and you are an Australian Citizen, you can and must do what you can to get them Australian Citizenship. A definite possibility, yet realise that if you don’t sponsor the child…..and especially if you were to die and were unable to sponsor the child…..then the child is going to be stuck here without your support.
So what’s your option?
A Citizenship By Descent application!
We need to prove that your child is in fact your biological child. We build clear history in paperwork that establishes that the child is in fact yours, and that you are an Australian Citizen. When this is demonstrated, then the child will be issued a certificate of Australian Citizenship. You can then apply for an Australian Passport for the child, and from that point on he/she may travel freely to Australia. No visas needed.
The only warning I will give is that you must not try to claim a child as your own if the child is NOT your own. Two reasons:
- They CAN do DNA testing, and you could get caught out committing fraud
- Understand that under Philippines Law you are committing an offense if you register a child as your own when the child is NOT your own.
We’ve had clients before who have tried to claim a child as their own, and they’ve run into trouble. Yes, whilst I agree that it’s the most chivalrous thing in the world to say “I will raise this child as my own and give the child my name”, you cannot do it legally!
If you marry a single mum, bring them both to Australia and you can give the child your name after 12 months. You can do it with a simple form from Births, Deaths and Marriages. No need for adoption. I did that myself years ago. But do it the legal way!
Please contact us if you would like us to manage an application for Citizenship By Descent for your child, and we will be happy to do so. Go to our website at www.downundervisa.com.au