Do you have biological children in the Philippines, and are you an Australian man? The best thing you can do for them is to apply for Australian Citizenship By Descent for them, and they will have all the same rights as any other Australian Citizen. This is their birthright, and you should do it as soon as you can.
Citizenship or Partner Visa?
Most people probably know that you can include the dependent children of your wife, fiancée or partner as secondary applicants in a partner visa or prospective marriage visa application. This includes biological children of yours if you wish, but seriously why would you? Citizenship is not only a better option, it happens to be cheaper than applying for the child as a secondary applicant to a partner visa application. Considerably cheaper.
Advantages:
- Child is an Australian Citizen
- Child doesn’t need a visa to Australia…..ever!
- Child can travel on an Australian passport
- Child is under no obligation to travel to Australia before a deadline. No deadlines at all.
- Cheaper application
Disadvantages:
None that I can think of
Requirements for a Citizenship By Descent application
First and foremost, one biological parent must be an Australian Citizen, and they must have been an Australian Citizen at the time of the birth. This isn’t retrospective. Can’t go back and bestow Citizenship on kids born beforehand.
And must actually be the biological father of the child. Doing the noble and chivalrous thing of claiming paternity of a child you didn’t actually father? Can’t be done, and must not be done. In the Philippines this is also illegal. And you will end up with long term problems at the stroke of a pen if you do sign the paternity section on the birth certificate, of which you will live to regret.
I don’t knock an Australian bloke for wanting to do that. It’s not easy for single mums in the Philippines. Many remain single because local men often don’t want to marry them, and those who do don’t always accept children that were fathered by another man. They can end up on the outer in a new family. And being “illegitimate” still carries a social stigma here. Kids should have dads. I believe that, and I take my hat off to any decent Aussie man who is willing to do that. However the law is very clear, and Citizenship requires the child to be biologically descended from an Australian.
How would they know?
DNA tests: They don’t often ask for this, but they can. If they do so, your will definitely be caught out if you are not the biological dad.
Evidence at the time of conception: If you were sitting back in Australia at the time of conception and the Filipino lady was in the Philippines, logic tells you that you can’t possibly be the biological father. Again, don’t try to be clever because it’s their job to catch you out if you’re not being honest with them.
So what do they need to see?
Basically they need to see that one of the biological parents (normally the father in our experiences) is an Australian Citizen, and that the child is the child of that relationship, ie. the biological child of the Filipina mum on the application. And they need a paper trail of evidence and documentation to back this up.
Please contact us and let us know, and we can organize an application for you. And your child or children will gain all the benefits of being fully fledged Australian Citizens just like you.
Additional Reading
Citizenship by Descent – a great option
Australian Partner Visas and New Families (ie babies arriving soon)
Down Under Visa – 2024 Christmas Vacation Dates
Registered Relationship Certificate. Is it enough for a Partner Visa?
Ladies from Thailand, Vietnam or Cambodia. Who makes the best wives?
Offshore Partner Visas and Prospective Marriage Visas
Thanks for the info. Mate are you able to answer my question, I’m Australian married to Filipino since 2009. We found out in 2014 I couldn’t have children and my wife go pregnant via sperm donor in Thailand. We had beautiful daughter born in 2016 in Philippines. So I’m not the biological father. Also complicated due to work commitments I was in Australia during conception and 1st 5 months of pregnancy. Do you know any special provisions to allow me to apply for my daughter?
Thanks
Barry
what happens if a potential partner has 2 kids,unmarried,one man is on the birth certificate,,is their any issues bringing the kids to australia?
Assume you mean in the Philippines? And one chap acknowledged his paternity? Unless he then married her, under Philippines law he has no custodial rights. And Immigration is fully aware of that.
Hello Jeff,
I have the citizenship by descent certificate but it was issued when I was 2 years old, Now I’m 22 y/o can I still renew it? and is it much more faster to process the renewal? and what would be the cost and requirements to process it’s renewal. Thanks in advance!
Why would you need to renew it? Citizenship doesn’t expire.
Hi Jeff,
I was hoping you could help me ? My wife is Filipino & living in the Philippines with our 22 month old daughter. I am in Australia & trying to complete a form 1195 application for citizenship by descent.
On question 2 is it my details that I put in there & does my doctor sign the back of my passport photo for this part & in question is he declaring that he has known me for more than 3 years ?
Any advice would be greatly appreciated as this is holding us up from me seeing my wife & being able to hold my daughter for the first time due to Covid 19.
Kind Regards,
Stephen.
Sorry but I can’t advise about cases where you are managing your own application. Legal reasons.
Hi Jeff,
I have just recently acquired my citizenship and I am niw an Austrlain citizen togther with my wife and child. But I have another child age 14 in the philippines from my previous relationship. I havent seen her for a long time and I tried to find her and fortunately I found them with her mum. I was not able to declare her during my PR application and citizenship as well. Can I apply for visa or citizenship for her? What should I do? Please help me. Thank you.
Cannot get Citizenship for a child born BEFORE you became a citizen. You can look at the option of a child visa. Please go to https://assessments.downundervisa.com and we can assess your case and advise you.