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Bws1975

Australian citizen by decent

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Hi All,

 

Any suggestions for a friend of mine. She has been in a relationshi with a man from Perth. She is very poor and felt her life hopes were in finding this man. However for the past 4 years he has been abusing her. She has put up with it because she was hoping he would take her to Australia. Some of the things she has told me he has said he will hire someone to come and kill her and her family. When he comes over on his holidays he rapes her over and over she feels that this is what she must do to get to Australia. I finally explained to her this is not what Australians are like and he has only used her for sex slave using hope as his bait. Anyway she did fall pregnant to him and he has refused to help her with the cost of raising the child. 

She has finally got the guts to give up her hopes to come to Australia but I explained to her that her daughter should be able to get Australian citizenship because the father is Australian. She asked him if he would help register the daughter as Australian but he refused. I think he thinks if she gets her australian citizenship then he has to pay her child support. Any suggestions for how this lady can get her child the australian citizenship by decent? 

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On 2/13/2019 at 8:39 PM, Bws1975 said:

Hi All,

 

Any suggestions for a friend of mine. She has been in a relationshi with a man from Perth. She is very poor and felt her life hopes were in finding this man. However for the past 4 years he has been abusing her. She has put up with it because she was hoping he would take her to Australia. Some of the things she has told me he has said he will hire someone to come and kill her and her family. When he comes over on his holidays he rapes her over and over she feels that this is what she must do to get to Australia. I finally explained to her this is not what Australians are like and he has only used her for sex slave using hope as his bait. Anyway she did fall pregnant to him and he has refused to help her with the cost of raising the child. 

She has finally got the guts to give up her hopes to come to Australia but I explained to her that her daughter should be able to get Australian citizenship because the father is Australian. She asked him if he would help register the daughter as Australian but he refused. I think he thinks if she gets her australian citizenship then he has to pay her child support. Any suggestions for how this lady can get her child the australian citizenship by decent? 

Firstly you have to prove that she is the daughter of an Australian Citizen.  As you dont state where the child was born I assume not in Australia.  Being the case you need to get the childs birth certificate, and assuming it has the Fathers name on it, that is principally all you need.  If there are differences in the childs surname from the father, that must be explained.  The birth original certificate must translated if required.  Here is the form with the requirements; https://immi.homeaffairs.gov.au/form-listing/forms/118.pdf

If the fathers name does not appear on the birth certificate, then it gets very complicated, as the Citizenship Office usually required DNA proof.  The father does not have to supply DNA if he does not want to.  But, you cant get a court order in special cases, but that is an expensive and complicated legal process.

You are correct, once the child is recognised as his offspring, under Australian law he MUST pay child support. Child Support can be claimed retrospectively in some cases.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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2 hours ago, AussieDude said:

You are correct, once the child is recognised as his offspring, under Australian law he MUST pay child support. Child Support can be claimed retrospectively in some cases.

Aussiedude has explained it well.

A good option is to approach this from another angle, apply for child support first and then citizenship as child support will be the most helpful in the short term and once proven can be used to help when applying for citizenship. 

To prove parentage for child support you need to meet these requirements.

A person is the child’s biological father if:

  • they’re named as the father on the birth certificate or adoption certificate
  • they sign a statutory declaration (a legal document) saying they’re the father
  • the child was born during the marriage
  • the child was born within 44 to 20 weeks of when the mother and father lived together
  • the court makes a declaration (finding) that a person is a child’s father and/or that a person  is liable to pay child support for a child.

The court can order DNA testing, but the father can refuse to do it, but basically if they do refuse the court will most likely rule that they are the father based on the refusal (considering  you supplied other evidence)

Have a look here for more information (disregard thats its a Queensland  site as its a federal law)

http://www.legalaid.qld.gov.au/Find-legal-information/Relationships-and-children/Child-support-and-maintenance/Proof-of-parentage

And look here for applying for child support.

https://www.humanservices.gov.au/individuals/subjects/child-support-when-parents-and-children-live-outside-australia#a1

 

 

 

 

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