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Any parents moved from USA


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#1 spaceybaby

Posted 06 January 2013 - 02:51 PM

Just looking to hear from any parents that have immigrated to/back to australia with new borns, experiences, and opinions would be really appreciated.


I am an Australian born citizen, and DH is American citizen. We will be applying for a partner visa for him.. Just wondering if anyone can shed any experience and light on the best way to get soon to be born DS back into Australia with us.


Is it the best/least trouble to;


Add DS to DH's visa application(before approval) after DS is born, and just apply for DS USA passport when he is born..

Apply for an Australian Citizenship certificate for DS and Travel on USA passport with AUS citizenship certificate (is this even allowed?)

Apply for Australian Citizenship certificate for DS, then apply for Australian passport for DS. ( all allowing for timing to coincide with DH Partner visa 'date to enter by')

My concerns are with travelling with a newborn to any appointments across the country, since the immigration office seems to be in Washington DC, and we are living in TX, and will be departing from LAX(staying with family there for a month or so before we leave)

Anyone who has gone through this in the States or other countries ( although I'd really love USA stories as Im feeling as though UK/AUS relationship may be different.

Emails I've shared thus far with various people at US office have been confusing and contradictory to say the least, and I dont want to arrive in the country only to have DS turned back!



original.gif

#2 farfaraway

Posted 06 January 2013 - 02:59 PM

Our DD2 was born in the US and we moved back here when she was almost 2. It is slightly complicated, but not unmanageable. First you need a US birth certificate. You can then apply for a US passport for your little one. You get what is called a "Citizenship by Descent" from the Australian embassy - you don't have to go in person, you just have to send certified copies to them. With the certificate of citizenship you can then get an Aussie passport - it is actually easier to get the Aussie passport back in Australia (we got DD2's on a trip back). You won't have any issues coming into Australia on a US passport though, especially if you have the citizenship certificate already sorted.

Your best bet is to give the Australian embassy a call. They are very helpful. I've had kids in 2 foreign countries so I really sympathise with the difficulties of all the paperwork, but once you get started, it all becomes clear.

Best of luck!

#3 marnie27

Posted 06 January 2013 - 03:01 PM

I'm sure someone else will have more relevant information but I have friends who brought home their child from the US (was born there as it was a surrogacy situation) on a US passport and then applied for Aus passport and citizenship once they returned home.

Your son should have automatic citizenship rights in Aus due to your own citizenship.

#4 Guest_LeChatNinjah_*

Posted 06 January 2013 - 03:06 PM

I moved here years ago with my Australian husband and our child who was 13 months old at the time.  

We sort of moved by accident (long story) as in we were here on holiday and decided to stay.  I applied for temporary residency, which was granted pretty quickly, and the baby was given automatic citizenship as his father is Australian.

I wasn't allowed to work until the temporary residency was granted, but it didn't take long and was much easier than trying to apply for everything overseas, but perhaps in your case you need DH to be able to work straight away, so it might not work for you.



#5 spaceybaby

Posted 06 January 2013 - 03:10 PM

QUOTE (farfaraway @ 06/01/2013, 02:59 PM) <{POST_SNAPBACK}>
Our DD2 was born in the US and we moved back here when she was almost 2. It is slightly complicated, but not unmanageable. First you need a US birth certificate. You can then apply for a US passport for your little one. You get what is called a "Citizenship by Descent" from the Australian embassy - you don't have to go in person, you just have to send certified copies to them. With the certificate of citizenship you can then get an Aussie passport - it is actually easier to get the Aussie passport back in Australia (we got DD2's on a trip back). You won't have any issues coming into Australia on a US passport though, especially if you have the citizenship certificate already sorted.



This is kind of what I was hoping for... I was just wondering whether it was 'legal' to have DS enter the country with a USA passport with no visa in it, and a certificate of Australian citizenship.


When you applied for citizenship by descent for DD2, did you have to do an interview? Or just mail certified copies. I really don't want to be flying to DC and back with newborn if I can help it. :(But we want to move back to Australia ASAP after he is born.

#6 spaceybaby

Posted 06 January 2013 - 03:13 PM

QUOTE (marnie27 @ 06/01/2013, 03:01 PM) <{POST_SNAPBACK}>
I'm sure someone else will have more relevant information but I have friends who brought home their child from the US (was born there as it was a surrogacy situation) on a US passport and then applied for Aus passport and citizenship once they returned home.

Your son should have automatic citizenship rights in Aus due to your own citizenship.



I appreciate any input it all helps! original.gif DS is eligable to apply for citizenship through me, it is more down to how long it will take and how hard that will be while out of the country... and how we travel between countries until that time.

#7 spaceybaby

Posted 06 January 2013 - 03:16 PM

QUOTE (LeChatNinjah @ 06/01/2013, 03:06 PM) <{POST_SNAPBACK}>
I moved here years ago with my Australian husband and our child who was 13 months old at the time.  

We sort of moved by accident (long story) as in we were here on holiday and decided to stay.  I applied for temporary residency, which was granted pretty quickly, and the baby was given automatic citizenship as his father is Australian.

I wasn't allowed to work until the temporary residency was granted, but it didn't take long and was much easier than trying to apply for everything overseas, but perhaps in your case you need DH to be able to work straight away, so it might not work for you.


I'm fairly sure that at least now, you are no longer allowed to convert visas after you are already in th country. Especially in our case as it would be pretty clear our intent to move, not just holiday, and applying for the wrong visa intentionall isn't something I want to do cool.gif I just want to go through it the right way, but also the fastest. My biggest concern is that applying for DH's partner(right to live and work) visa when it is approved will then give him a date he needs to enter Australia by... and I don't want a date that happens to be before DS can also enter and live in Australia. sad.gif

Edited by spaceybaby, 06 January 2013 - 03:17 PM.


#8 farfaraway

Posted 06 January 2013 - 03:18 PM

OP, no, we didn't have to interview. It's really just a formality as they are already citizens by virtue of having (at least 1) Aussie parent. It's basically just a surrogate birth certificate saying they are Aussie. My daughter has both Aus and US passports, but traveled in on her US one. Again, you won't need a visa for bub as he is a dual-citizen simply by virtue of his parents. Hope that helps!

#9 baddmammajamma

Posted 06 January 2013 - 03:19 PM

Spaceybaby:

I am an American married to an Australian, and we settled here in Sydney when our youngest was a very young baby. Both of our kids are U.S.-Australian dual citizens, born outside of Australia.

Have you actually started the formal visa process for your husband yet?

If not, my strong advice would be:

* Re your husband's visa: Consult a reputable immigration agent. Well worth the money even if your case isn't complicated. The process for getting a spousal visa approved can take a few months (more of a pain in the butt than anything -- but TONS of paperwork required), even under the best of circumstances. According to DIAC, 75% percent of partner visas are handled within 6-8 months.

By using a professional, you will get 100% accurate advice (plus, they know every approach to use to shave time off the waiting process -- and that is one of the clear bonuses of consulting a professional).

I'd be happy to send you a PM (private message) to recommend the agent we used for my spousal visa. The spousal visa process requires rounding up a lot of papers. It will be much easier for your husband to do that while you are actually in the U.S.  I went through my process in Singapore, and it was SUCH a pain to manage things like FBI background checks from abroad.

Re your son: farfaraway has outlined the process well.

If I were in your shoes, I'd be very inclined to get ALL of the citzenship stuff sorts (U.S. *and* Australian citizenship + U.S. *and* Australian passports) sorted for my child before moving. Otherwise you are just trading one set of hassles in the U.S. for another set of hassles in Australia.

1) Your first step will be getting a birth certificate from the State of Texas:
http://www.cdc.gov/nchs/w2w/texas.htm
(I would advise always paying for the expedited-speedy service)

2) Then you apply for a U.S. passport:
http://travel.state.gov/passport/get/minors/minors_834.html
(again, worth it to pay for expedited service)

3) Once the American birth certificate is issued, you can also apply for Australian citizenship by descent:
http://www.citizenship.gov.au/applying/how_to_apply/descent/

4) Then you can get your son's Australian passport:
http://www.usa.embassy.gov.au/whwh/PassportsUS.html

I know it all sounds cumbersome, but honestly, you will probably get your son's stuff sorted before your husband's spousal visa is approved. Best to make as much headway as possible during that period. original.gif

Good luck with your delivery & relocation to Australia.

I echo farfaraway's suggestion about calling the Australian Embassy as well. Hopefully, they will be helpful!

Edited by baddmammajamma, 06 January 2013 - 03:31 PM.


#10 spaceybaby

Posted 06 January 2013 - 03:22 PM

QUOTE (farfaraway @ 06/01/2013, 03:18 PM) <{POST_SNAPBACK}>
OP, no, we didn't have to interview. It's really just a formality as they are already citizens by virtue of having (at least 1) Aussie parent. It's basically just a surrogate birth certificate saying they are Aussie. My daughter has both Aus and US passports, but traveled in on her US one. Again, you won't need a visa for bub as he is a dual-citizen simply by virtue of his parents. Hope that helps!


That is really helpful thank you! I will be calling the immigration office here and will try to get on to back home in melbourne also, but I really wanted to hear from people who had actually 'done it.' As so far emails back and forth with office people haven't helped much sad.gif Again my worst fear was getting DS USA passport with Aus cit certificate, but no other visa, but being sent back on the plane when we got there! Worst nightmare for a new mom, I think I'd tear my hair out. Thank you again!

#11 spaceybaby

Posted 06 January 2013 - 03:34 PM

QUOTE (baddmammajamma @ 06/01/2013, 03:19 PM) <{POST_SNAPBACK}>
Spaceybaby:

I am an American married to an Australian, and we settled here in Sydney when our youngest was a very young baby. Both of our kids are U.S.-Australian dual citizens, born outside of Australia.

Have you actually started the formal visa process for your husband yet?

If not, my strong advice would be:

* Re your husband's visa: Consult a reputable immigration agent. Well worth the money even if your case isn't complicated. The process for getting a spousal visa approved can take a few months (more of a pain in the butt than anything -- but TONS of paperwork required), even under the best of circumstances. By using a professional, you will get 100% accurate advice (plus, they know every approach to use to shave time off the waiting process). I'd be happy to send you a PM (private message) to recommend the agent we used for my spousal visa. The spousal visa process requires rounding up a lot of papers. It will be much easier for your husband to do that while you are actually in the U.S.  I went through my process in Singapore, and it was SUCH a pain to manage things like FBI background checks from abroad.


QUOTE
(Or you can do the Australian citizenship & passport stuff when you guys get to Oz)


Without any Australian documentation though, and only a USA passport, my concern is that they would not even let DS in the country. Then as far as I was aware we couldnt apply for say, a holiday evisa, because you aren't supposed to convert? (my pregnant mind boggles)

I tried looking into  agents, but the trouble was it seemed like I didnt know how to choose one near to where famliy lives in Australia, especially without meeting them first. It feels risky to dive head first into paying someone a lot of money without knowing much about them. (Family is in Melbourne, but far east) Was your agent in Sydney? I'm not overly concerned about how long the process takes, more about lining up DH, and DS. ( and two cats which are another headache entirely!) When I emailed someone at immigration their response was simply that DH could just 'go to Australia for a few days and come back' if he were to get the entry date early. I was kind of dumbstruck at thinking this seems normal for anyone let alone me not wanting to spend an extra $2k on flights and have DH missing for a week just to fly in and out of Australia, with me toting a new baby back home.

We used a lawyer when I moved to the USA, Im not completely opposed to it, it just felt like as long as I could get solid answers to some questions to help dates line up, the rest was just paperwork and didn't seem too scary.

Any references would be appreciated though, and maybe they could recommend someone close to where family is..

QUOTE
Good luck with your delivery & relocation to Australia




Thank you!!

#12 baddmammajamma

Posted 06 January 2013 - 07:54 PM

Hi again:

I had actually edited my original post to take out the line "Or you can do the Australian citizenship & passport stuff when you get to Oz" because I am risk averse.

Definitely call the Australian Embassy on Monday to get clarity on the requirements (e.g. can you do it all by mail).

You should be able to start the application process for your son becoming an Australian citizen by descent + his Aussie passport once his U.S. birth certificate has been issued.

I will send you the name of the agent we used -- he is a lawyer & highly respected, experienced immigration agent. I used him in 2008 and did a lot of due diligence before selecting him. He is in Sydney, but he serves clients who are both in Australia and overseas. I worked with him via phone & email -- I was overseas (outside of Oz) the entire time.

Your husband (or you) might want to check out the web site "Yanks Down Under." It is a fabulous site for Americans in Oz or Americans who are trying to get to Oz...plus the people who love them. Their board on immigration issues is OUTSTANDING if you are planning to "do it yourself."

http://yanksdownunder.net/index/

Good luck with everything!




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