# Child citizenship query for parents holding PR



## submon (Jun 28, 2012)

Greetings Everybody!

We have recieved Australian PR visa (been a pleasant experience so far) and would like to thank all the forum members for sharing immensely useful information & experiences.

Well, we are on the verge of deciding on a date to move to Australia early 2013 (around January). We cannot move before October this year as we see that Oct will be bit late for job prospects, considering the holidays and celebration atmosphere during year ends.

Things going fine so far as preparation and excitement is at its peek. But, there are few clouds of demotivating thoughts/ uncertainity bothering us until recently and we hope to get our confidence boosted up on this forum with suggestions, experiences, thoughts on the same.

Actually, we decided to apply for PR only because we wanted to work and stay in Australia for a considerable period of time (extension using RRV) and the thought of becoming Australian citizen never lingered on us for the very reasons of parent's old age in the future and home in India.

Alright, hoping so far so good. But we recently learnt that if our child is born in Australia during this period, then the child becomes Australian citizen by birth. 
If this is not desired, then we can have the child born in India as well to retain child's Indian citizenship and accordingly apply for child's PR visa. But the concern is the huge waiting period for the child PR visa (around 14 months) for a child's PR for which my partner will have to quit her job and stay in India for 2 years. We are concerned but we also understand its manageable and have no other way.

Assuming we decide to deliver the child in Australia itself and child becomes Australian citizen (by birth) but we still continue on PR. In this case, will there be any major issues in future for our child to get Indian citizenship when we return back to India? Indian government website suggests that there is a waiting period of 5 years and requirement of 1 year of stay India for anyone aspiring to get Indian citizenship. Does it have an age requirement for a child in this case e.g. must be 18 years or so.

We do understand that immigration is an important decision in one's life and cannot get everything going in one's way. 

Thank you for reading through this and any insights or suggestions is most welcome. Not sure, but I may have answered my questions. Confused a bit though!!


Best Regards!


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## submon (Jun 28, 2012)

**Things going fine so far as preparations and excitement are at its PEAK**. Sorry for the typo in the above post.


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## tara.jatt (May 15, 2012)

Hi, 

Since India does not support Dual Citizenship as of now, so you have to first decide if having Indian citizenship is must for your child then why even going for any other citizenship when ultimately you have to give it up to become an Indian citizen? 

there is another option that you can get Australian citizenship for child and then apply for his OCI card, this is a life long multiple entry visa with no restriction to stay in India. So your child can visit india any time, for any duration. Also, this visa give you work rights plus you dont have to go to police station every 6 months which was earlier required for foreign nationals.

The only restriction is that OCI holder can not vote, hold a government office or run for a constitutional post (MLA, MP etc). If these are not any kind of show stopper for your coming child, then I think getting Australian Citizenship and then getting OCI is the most logical option. 

More information about OCI : FAQ on OCI



submon said:


> Greetings Everybody!
> 
> We have recieved Australian PR visa (been a pleasant experience so far) and would like to thank all the forum members for sharing immensely useful information & experiences.
> 
> ...


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## submon (Jun 28, 2012)

Hi Tara,

Thank you for your detailed response and it definitely helps us understand the implications better.


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## ef34375 (May 28, 2012)

I am taking an usual case of parent from India who are on PR here. And want to return to India after few years. They may be more concerned about the Schools fees they have to pay for a OCI/PIO child, which is not at all possible to afford. And the major problem comes when the child applies for Medical/Engg in India.

Assumption: Both parents have Indian passport and are here in AUS on PR.

Below are my finding:

POINT#1 - A CHILD born to Indian parents in Australia becomes Australian Citizen by default.

Reference: Passport Manual - Publications - Australian Government Department of Foreign Affairs and Trade

"People born in Australia (including Norfolk Island, Cocos (Keeling) Islands and Christmas Island) on or after 20 August 1986 are Australian citizens by birth if at least one parent was an Australian citizen or a permanent resident at the time of the person’s birth."


POINT2# - Once the child is born in Australia, and becomes Australian citizen by default, you(Parent) cannot apply for revoking the Citizenship of Child before he/she is of 18 years, unless he has an Indian passport, which you cannot get because your child already have Aus passport/citizenship and India don't support Dual citizenship. 

Reference:
Australian Citizenship – Giving up Australian citizenship

"If the applicant is the responsible parent of a child, consideration may be given to revoking the citizenship of any children under the age of 18 years unless:

another responsible parent is still an Australian citizen, or
this would render the child stateless.

Children
An application to renounce a child's Australian citizenship can only be made if the child was born or is ordinarily resident in a foreign country and is not entitled, under the law of that country, to acquire the nationality or citizenship of that country because the child is an Australian citizen."

POINT3# - Indian parents on PR cannot apply for OCI card and can only get PIO. For OCI atleast 1 parent must be an Australian citizen.

##Conclusion##

If child is born in AUS, parents have NO WAY to legally apply for Indian passport for child till he is 18. Their only option is Aus Passport/citizenship + PIO.

Here is where parent who come in AUS for short term are in FIX, because after returning to India they will be earning Indian salary and paying NRI school/college fees which is normally 5 times.

Beleive me Schools/Colleges will LEAVE NO WAY to exploit you once they find out that the BIRTH certificate of your child says 'AUSTRALIA'.

Recommendation:
If you want to come back to INDIA, plan your pregnancy in India amd also if you want an Indian passport and normal education fees. 
**Indian GOVT will not subsidize education of childern who are Foreign citizens and eventually go to AUS/US to settle down because they AUS/US citizen. Sounds Logical.


EXPERTS please verify !! 

thanks


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## Navin.Malviya (Mar 30, 2015)

*Child Visa Queries*

Hello All,

I have an Australian PR and I have been to australia once to fulfill madatory entry criteria. Currently I am still in India and planning to travel by July or August for settling there.

My child was born in December and I am trying to apply Visa Class 101 for him. Where ever I have enquired they have asked me to fill for 47CH for Child Visa and form 40CH for sponsorship. 

Now the problem is that in form 40 CH it asks me details about my Australian salary, house details like number of bedrooms etc. which i currently do not know as I am in India only.

Can someone please confirm if it is mandatory for sponsoring parent to be in Australia or do I need o fill some different form?

Thanks in advance for the help.

Regards,
Navin


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## Scattley (Jul 30, 2012)

Navin. You need to be settled in Australia before you can sponsor your child on the 101 visa which means an address suitable for a child (not a room in a shared house) and a job. So you will need to return first and set those up to put in your application.


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## Navin.Malviya (Mar 30, 2015)

Thanks very much for the confirmation...really appreciate it...


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## girlaussie (Nov 21, 2012)

For Child Visa 101 Sponsor Eligibility:

*'Who can sponsor a child*

To sponsor a child for this visa you must be:

the parent (or their partner) or step-parent of the child
older than 18 years of age 

You must also be either:

 an Australian citizen
the holder of an Australian permanent resident visa
an eligible New Zealand citizen.

You can sponsor a child if you are:

a step-parent who is no longer the partner of the child's parent but has a legal responsibility to care for the child and the child is younger than 18 years of age
an adoptive parent who adopted the child before you became an Australian citizen, the holder of an Australian permanent resident visa, or eligible New Zealand citizen.

*You do not need to be in Australia at the time of application. You can still be a sponsoring parent if you:

entered Australia in the past but are outside Australia when you lodge the application
have been granted your Australian permanent resident visa but have not yet entered Australia.*

Child visa (subclass 101)

Hope this helps.

Girl Aussie 



Navin.Malviya said:


> Hello All,
> 
> I have an Australian PR and I have been to australia once to fulfill madatory entry criteria. Currently I am still in India and planning to travel by July or August for settling there.
> 
> ...


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## Navin.Malviya (Mar 30, 2015)

Thanks for the response...it certainly help...

One last query what do I write in those questions where in they are asking me my Aus salary and residential details in form 40CH?

Regards,
Navin


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## girlaussie (Nov 21, 2012)

Just mention your current details wherever you are.

Girl Aussie 



Navin.Malviya said:


> Thanks for the response...it certainly help...
> 
> One last query what do I write in those questions where in they are asking me my Aus salary and residential details in form 40CH?
> 
> ...


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## shanky123 (Apr 21, 2018)

ef34375 said:


> I am taking an usual case of parent from India who are on PR here. And want to return to India after few years. They may be more concerned about the Schools fees they have to pay for a OCI/PIO child, which is not at all possible to afford. And the major problem comes when the child applies for Medical/Engg in India.
> 
> Assumption: Both parents have Indian passport and are here in AUS on PR.
> 
> ...


Great explanation. Would someone be able to confirm that the above facts are still true ?


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## NB (Mar 29, 2017)

shanky123 said:


> Great explanation. Would someone be able to confirm that the above facts are still true ?


He is wrong on one fact

Those parents who are in short terms visa need not worry , as their child will not be an Australian citizen even if he is born in Australia as at least one parent has to be a pr holder for the child to get the citizenship 
If none of the parents are pr holders, the child will get an Indian passport only 

Secondly, if the child is an Australian citizen, he can very well get his tertiary education in Australia at highly subsidised charges
Why does he necessarily have to get educated in india, even if his parents are in india

Most important of all, why would someone take a pr if he does not intend to stay in that country?

Cheers


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