Question:

Me n my wife in austrlaia on stud visa, wife is pregnent, born baby will be australian citizen or not ?

by Guest56641  |  earlier

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if yes , then wat will be my visa status. can i stay in australia as his guardian/parents or can i take PR. or do i need to continue to study or i can change my student visa into PR

PLS HELP ME? wat best i can do?

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6 ANSWERS


  1. having a baby will not change your visa status, you will still have to leave when your visa expires


  2. The baby would be and Australian citizen and can also become a citizen from  where ever country you are from. Before your visa expires you will have to contact your embassy to know what you have to do to take your baby out of that country. You can't stay in Australia just because the baby is a citizen.

  3. I'm thinking that a women getting pregnant is what usually happens  when someone applies for and receives a stud visa.

    You should have gotten a student visa.

  4. no, he will not have citizenship of Australia:

    People born in Australia on or after 20 August 1986 become Australian citizens by birth if at least one parent is an Australian citizen or a permanent resident at the time of the person’s birth.

    A child born in Australia to parents who are not permanent residents or Australian citizens acquires Australian citizenship automatically on his or her 10th birthday provided the child is ordinarily resident in Australia. Children born in Australia to foreign diplomats do not acquire Australian citizenship

    http://www.citizenship.gov.au/automatic-...

    on citizenship :

    Test eligibility

    To sit the test you must:

    be an Australian permanent resident, and

    satisfy the department of your identity during the process of registering for the test, and

    allow the department to take a photograph of you or provide one yourself.

    http://www.citizenship.gov.au/test/eligi...

  5. No your child will not be born automatically Australian. This is because they are born after 20 Aug 1986 which was when the rules changed so that children born in Australia required at least one parent parent holding permanent residence or Australian citizenship to automatically be born Australian.

    http://www.citizenship.gov.au/automatic-...

    Your child will take on your nationality at birth (this may vary as certain countries will need the child to be registered at their embassy before citizenship is granted).

    You will not be allowed to stay just because your child is born in Australia. When your student visa is up you will be required to leave unless you apply for another visa. Your ability to get permanent residence depends on your abilities (not how many children you can have in Australia).

  6. Mar23 cam is wrong and should check facts before posting.Only before 1986 did children born in Australia aquire citizenship at birth.Since that date, a child has only been a citizen at birth if at least one parent was a citizen or permanent resident at the time of his birth.

    The rule now is simple.

    A child born in Australia to parents who are not permanent residents or Australian citizens acquires Australian citizenship automatically on his or her 10th birthday PROVIDED THE CHILD IS ORDINARILY RESIDENT IN AUSTRALIA.You and your wife are not ordinarily residend, because one of you is there as a student and the other as spouse of a student, and your child is there as a child of a student.

    You will never be able to convert a student visa into a residence visa.

    If you can get high enough qualifications, you might be able to qualify for settlement as a highly skilled migrant under Australia's points system., but you may have to leave Australia to apply.

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