Having a Baby During an Unlawful Stay in Australia: What You Need to Know
Under Australian migration law, a person without a valid visa is considered an “unlawful non-citizen” under Section 14 of the Migration Act 1958 (Cth) (‘the Act’). If such a person gives birth to a child while being unlawful in Australia, the legal consequences for both the parent and child can be significant.
What Happens to My Child’s Legal Status in Australia?
A baby born in Australia is not automatically granted Australian citizenship. A child born to non-citizen parents will generally inherit their immigration status under s 78 of the Migration Act. If neither parent has a lawful status, the child will also be considered unlawful.
In that case, the child will need to have a visa application submitted on their behalf as soon as possible. Without this, the child is also subject to immigration detention and removal under the same provisions (s 189 of the Act) as the parent.
What are My Options As a Parent?
Being an unlawful non-citizen is a serious breach of Australian migration law. Parents should take immediate action to legalise their and their children's immigration status. This could include applying for a Bridging Visa E (BVE) (Subclass 050) to remain lawfully while considering long-term visa options such as applying for a Protection (Subclass 866) visa or requesting Ministerial Intervention. We highly suggest you speak with an Accredited Specialist in Immigration Law for more tailored advice based on your specific circumstances. Timely action may protect the family from detention and increase their chances of remaining in Australia lawfully.
How Can Agape Henry Crux Help
Obtaining the right migration plan for your children at the earliest opportunity can make a significant difference to their future, including the opportunity to secure Australian citizenship. If you require any assistance in relation to identifying the best migration pathway for your children. Consider engaging with one of our Accredited Specialists in Immigration Law at Agape Henry Crux. Read our clients’ testimonials on Agape Henry Crux and Jason Ling (Accredited Specialist in Immigration Law). You can schedule an appointment with one of our immigration lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
Client Testimonials
….we call it Support Network
As navigating through the immigration law process may be difficult, our former clients have agreed to share their experiences through telephone chats, emails and meetings in person.
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