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Australian citizenship by descent is never automatic but registration is a formality: http://www.immi.gov.au/allforms/pdf/118.pdfSmit wrote:Your son is an automatic British Citizen and most probably an Australian citizen as well.
Regarding the daughter, it would be best to wait until she has 3 years residence in the UK and then register her as British under section 3(5) of the British Nationality Act. That way, she becomes a British citizen otherwise than by descent (like her new brother) and hence will be pass on her own British citizenship to non-UK born children.craig_m67 wrote:I am a British citizen by descent (born in Australia of married British parents). My partner/spouse of five years (not my wife) is Australian. She is here with me on an accompanied partner visa (no recourse to public funds etc) that I have sponsored as a British citizen. We had to prove our relationship (in great depth) to get this Visa. We also have a two year old daughter – again on a sponsored visa to accompany parents.
Incidentally I need to amend what I said earlier about your daughter. If you don't get married she won't be eligible for section 3(5) registration, however she could be registered under section 3(1) of the Act instead (discretionary registration).craig_m67 wrote:Little update - Finn's passport has arrived .. so, he's British afterall. Thanks for everybodies help in here.
I wasn't aware of the 3 year rule for Jemima (daughter) and will follow this up - thanks.
Spouses (legally married, or civil partners) of a British citizen may be naturalised after 3 years legal residence in the UK, provided that ILR is held on the day of applicationRe marriage, it's been the last thing on our minds as we bring up a severely disabled daughter, emmigrate and have a new son.. we consider ourselves married already. What's the fine print on this, if we got married tomorrow would the three year rule apply, and would it apply retrospectively (when we arived) or from the date of marriage ?
If your future is in Britain then a British passport makes much more sense than a Dutch or Polish one anyway.The mad thing about Cathy is she cant seem get any EU status - even though her mother was born in a german work camp of (Polish/Ukraninan descent) and her father was Dutch (emmigrated to Aust. on his fathers passport when he was four).