How to get my wife's Thai born Australian Citizenship

[4MyEgo]

My Thai wife of over 10 year is an Australian CItizen, however gave birth to her Thai son well before she became an Australian Citizen.

 

She spend over 5 years in Australia with me and we have a child born in Australia.

 

We live in Thailand and her Thai son will be 15 next year and we are looking at getting him Australian Citizenship for his future if we return to Australia.

 

I have researched the web but nothing really addresses this, i.e. unless the boy was born after she got citizenship, which is not the case.

 

I refer to him as my wife's son as he is not legally my son, remove the word "legal" and he is treated as my son.

 

I have looked at adoption as an avenue that we might have to go down, however the research I have come across is saying that the Australian government would require an adoption certificate under the Haig convention, but no mention about adopting the wife's son, just adopting a child under normal process, assuming this would cover our situation ?

 

My question is, has anyone had any similar experience where they have gone through the process, or know of the process.

 

Is there any other way the boy can obtain Australian citizenship without going through the adoption process as it sounds complicated ?

 

Any advice appreciated as always. 

Edited December 2, 2018 by 4MyEgo

[MalandLee]

My Thai wife became a citizen - there were extensive questions, including if she had children (She did not). One would suppose that these questions were addressed and answered truthfully, during the citizenship process. Australia is signatory to a number of conventions and family reunion is one - You need an Aussie lawyer mate (sadly) - Immigration are not the ogres that sometimes one supposes.

 

Come Absolutely clean with EVERYTHING and I am sure you will be OK.

Good luck mate..

[4MyEgo]

18 hours ago, MalandLee said:

My Thai wife became a citizen - there were extensive questions, including if she had children (She did not). One would suppose that these questions were addressed and answered truthfully, during the citizenship process. Australia is signatory to a number of conventions and family reunion is one - You need an Aussie lawyer mate (sadly) - Immigration are not the ogres that sometimes one supposes.

 

Come Absolutely clean with EVERYTHING and I am sure you will be OK.

Good luck mate..

Always been clean about her kid to Australian government throughout the process back then, never want something to come back and bite us.

 

The above said I did some more researching and stumbled upon the Subclass 101 Child visa which looks like the one to apply through which would give him permanent residency when approved, and if he wanted later, he could apply for Australian citizenship, as long as he has a parent who is an Australian citizen, all he has to do is pay the 2.5k fee and apply.

 

Link attached for future reference should anyone be in the same situation.

 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/child-101

[MalandLee]

On 12/3/2018 at 1:25 PM, 4MyEgo said:

Always been clean about her kid to Australian government throughout the process back then, never want something to come back and bite us.

 

The above said I did some more researching and stumbled upon the Subclass 101 Child visa which looks like the one to apply through which would give him permanent residency when approved, and if he wanted later, he could apply for Australian citizenship, as long as he has a parent who is an Australian citizen, all he has to do is pay the 2.5k fee and apply.

 

Link attached for future reference should anyone be in the same situation.

 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/child-101

Good luck mate - She'll be right, if you have been fair dinkum with immigration. There are some decent people working there.

[samran]

just make sure it is all done by the time the lad turns 18 - and without doubt a 'dependent'. Waiting times aren't exactly short either, so probably wise to start the application process sooner rather than later, all things considered.

[omegaman]

The son is not eligible for Australian citizenship by decent.  You do have a reasonable case to petition for citizenship via Family Reunification. A complex and slow process that really needs a lawyer to make the case.  Last I looked Citizenship by Reunification Grant is taking 2+ years.  They are flooded.

[simple1]

OP just came across your post. My Thai wife is an Australian citizen, as is her son who was born in Thailand, but resided in Oz for the required length of time to obtain citizenship. To obtain the original visa for her son she had to sign a statement, at the Amphur, with two Thai witnesses, that the father had deserted her. provided zero support. Similar requirement to ensure your wife has sole legal responsibility under Thai law.

 

From your post it sounds as though your wife's Thai son did not reside in Oz whilst you were previously resident. I would assume upon return to Oz your wife's Thai son will be able to accompany you as a sponsored resident. Note that processing time in approx 12 months. Perhaps a good idea to visit the Embassy for confirmation of best visa to apply for based on age, circumstances etc Family reunion visas are a challenge to obtain and a lengthy process

Edited December 9, 2018 by simple1

[PhanomR]

On 12/8/2018 at 9:29 AM, omegaman said:

 Last I looked Citizenship by Reunification Grant is taking 2+ years.  They are flooded.

They can't be flooded as the family reunion visa were abolished in 1997! The OP can apply for a child 101 visa if his wife still has permanent residency, but that will require permission from the father (biological). 

 

Also be aware of the Resident Return visa requirement should they be granted this visa.