Sunday, August 22, 2010

My husband is a student. we are expecting a baby in july. Could anybody advice us about securing residency?

My husband came to sydney as a student in 2004. he holds a student visa and i am on a student spouse visa. our visa expires in november. he has few papers to complete as a part of his masters program in accounting. we are expecting a baby in august. the delivery is going to be in Sydney. we need to apply for our residency. but that is possible only after he completes his papers. Just in case he doesnt finish by november; what are we supposed to do? do we apply for a visa extension which would permit us to stay here further and complete his studoes. or does it mean we have to pack our bags to go back home? what is the criterion to secure residency in australia?My husband is a student. we are expecting a baby in july. Could anybody advice us about securing residency?
First, are you and your husband both citizens of the same country? If not, that could potentially create some citizenship/immigration issues with the baby if it is born in Australia. The baby by default will be a naturalized Australian citizen. If both parents are citizens of the same country (not Australia) then the baby could also qualify for naturalized citizenship in your home country or dual citizenship. If you and your husband are citizens of separate countries, depending on what countries those are, there could potentially be some immigration issues with getting the baby home.





With the limited information you have provided, your best bet is probably for both of you to apply for a visa extension. Since he will still be a student and you are married, it should be approved.





However, you should contact the Australian Government Department of Immigration and Citizenship to inquire about the specifics of your situation. You can visit their website at http://www.immi.gov.au/index.htm or call 131 881. Also, if the baby is born in Australia, you should check with the embassy or consulate of your home country to ensure that their won't be any issues taking the baby home with you. There shouldn't be, but there may be some paperwork that you have to fill out before leaving Australia.
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