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Posted

Just had a child with fiance 4 years. Just wondering the process / difficulties of obtaining the child an Australian passport or citizenship.

We're not married.

My name is on the child's birth certificate and bears my last name (for what it's worth)

We have no immediate plans to live in Australia

My fiance has been to Australia twice on 3 and 6 month tourist visas

Any first hand experience appreciated

Posted

I just went through this for my #2 here. There's a raft of documents you need and an application form to fill out. You can get the detailed info here:

https://www.border.gov.au/Trav/Citi/Appl/How-to-apply/Application-process-for-citizenship-by-descent

Couple of tips. For some reason when applying in Thailand you will need your full birth certificate. This took me some time as I had to send off to birth deaths and marriages for it. Also they will ask for evidence of the relationship. Make sure you include photos of you and the fiancé while she is visibly pregnant and after the birth with the child. I also included credit card statements showing payments to the hospital during her pregnancy (they didn't ask for that here but they did in Singapore when I was applying for #1). Once you get the documents sorted and various ones certified (you can do this at the trendy building if you are in Bkk) I simply submitted the documents and it was approved about 8 days later and the citizenship cert was sent out to me. Once you have the citizenship cert it's pretty straightforward to apply for the passport.

OB

Posted (edited)

I did the process in late 2012. I then submitted documents at the Embassy. I spoke to them on the phone before I submitted the documents and was told it would take 10 working days. When I submitted the documents they told me 3 working days. I received a phone call the next morning to say they it had been approved. The process may have changed since then.

With the passport you will need to a person to guarantor who the child is and complete the Guarantor Section of the application. I used the doctor who delivered our son. She was willing to do and was accepted.

https://ppol.passports.gov.au/web/forms/passport/overseas/pc8_notes_sr.pdf

As Oceanbat has stated I had to submit my full birth certificate for the application for citizenship of our child. This was never stated on any notes on the application but the Embassy informed me when I spoke to them.

Edited by ripstanley
Posted

So apart from jumping through the hoops and certifying paternity etc, it's pretty much a formality to get citizenship for the child because I am Australian? His mum is Thai, we're not married and she doesn't have Aus citizenship or residency. By the way, what approx is the fee?

Posted

Yes if you have all the documents in order it's a remarkably efficient process. As you aren't married I'd submit as much evidence of the relationship as you can in the form of photos or evidence of you covering the hospital bills or anything like that.

OB

Posted

I suppose if our child obtains citezenship should things go pearshaped with us future would give her the right to apply to Australia for child maintenance?

Posted

I suppose if our child obtains citezenship should things go pearshaped with us future would give her the right to apply to Australia for child maintenance?

No, only if living in Australia with appropriate visa to qualify for Centrelink benefits

Posted

I suppose if our child obtains citezenship should things go pearshaped with us future would give her the right to apply to Australia for child maintenance?

No, only if living in Australia with appropriate visa to qualify for Centrelink benefits

you 100% sure? I know a Thai lady married (thai marriage) to an Aussie can claim a settlement from Australia, even if she's never set foot in Australia
Posted

I suppose if our child obtains citezenship should things go pearshaped with us future would give her the right to apply to Australia for child maintenance?

No, only if living in Australia with appropriate visa to qualify for Centrelink benefits

you 100% sure? I know a Thai lady married (thai marriage) to an Aussie can claim a settlement from Australia, even if she's never set foot in Australia

Apologies, thought you were referring to Centrelink welfare. Not a lawyer, but my understanding the Hague Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations 1973 applies. With this law Thais can only apply for similar maintenance monies applicable under Thai law & would need to be able to navigate or engage a lawyer to assist in with a Court claim in Oz.

Posted

No but if the child is an Australian citizen living in Thailand the Aus govt could seize any Aus assets on behalf of the child?

Posted

No but if the child is an Australian citizen living in Thailand the Aus govt could seize any Aus assets on behalf of the child?

Don't know

Posted

No but if the child is an Australian citizen living in Thailand the Aus govt could seize any Aus assets on behalf of the child?

Most parents would simply be thinking - "better sort our citizenship rights for my child so she/he has the maximum opporunities in life'. Instead we have ths line of thinking above.

You are already buggerising around on another thread (http://www.thaivisa.com/forum/topic/907756-registering-new-born-baby-to-mothers-home-province/page-2#entry10624686) in the instance of formalising your childs registration in Thailand.

Suspect your child will remain stateless at this rate.

Posted

No but if the child is an Australian citizen living in Thailand the Aus govt could seize any Aus assets on behalf of the child?

I looked into this, my understanding is yes, if the child is an Australian citizen and your earnings are from Australia then you could be liable for child support.

You also need to be aware that your x spouse can apply for a property settlement through Australian courts in the event of seperation, probably easier for her if your child is an Australian citizen.

Posted

No but if the child is an Australian citizen living in Thailand the Aus govt could seize any Aus assets on behalf of the child?

I looked into this, my understanding is yes, if the child is an Australian citizen and your earnings are from Australia then you could be liable for child support.

You also need to be aware that your x spouse can apply for a property settlement through Australian courts in the event of seperation, probably easier for her if your child is an Australian citizen.

I think property settlement can only occur if married in Thailand or Australia though

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