Our lawyers receive lots of queries about babies!
Baby news can have significant implications for the visa process, depending on whether we are advised before, after or during a visa process.
Some of the implications are:
TSS Visa
A baby born to a TSS visa holder in Australia is deemed to hold a TSS visa of the same validity as the parents. Once the baby is issued a passport, there is a process to inform the Department of Home Affairs of the inclusion of the baby. The sponsor’s obligations are automatically extended to include the baby as a family unit member.
A baby born to a TSS visa holder outside of Australia must formally apply for a TSS visa, prior to travelling to Australia. This process involves a form and fee, and can take some months, so it is imperative that sufficient time is allowed, prior to making travel plans. The visa will be issued with the same validity as the parents.
Pregnancy prior to the grant of a TSS can have implications for health check requirements; if an x-ray is required as part of the visa process, this will need to be delayed until after the birth.
Permanent Residence Visa
A baby born after lodgement of a permanent residence application (and before the grant) can be added to the application any time up to the grant of the visa.
A baby born in Australia after the grant of permanent residence to the parents is automatically an Australian citizen. It is important to note that any overseas travel should be undertaken on an Australian passport. Unlike a visa, there is no way to “link” Australian citizenship to a foreign passport for travel purposes; trying to enter as an Australian citizen on a foreign passport therefore causes difficulties and delays at the airport as Home Affairs officers cannot automatically verify the right to entry.
A baby born outside of Australia to permanent resident parents has no automatic entitlement to Australian citizenship. However, an application can be made for permanent residence for the baby.
A baby born to Australian citizen parents (one or both) outside of Australia is entitled to Australian citizenship by descent. This requires the birth to first be registered at the relevant overseas embassy/consulate. The citizenship application process is currently quite a lengthy one.
In summary, it is important not to overlook the baby’s visa status and we are happy for the questions (and a little photo) to keep coming!
DISCLAIMER This information is current as of and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.
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