Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law

I arrived in Australia in 1985 with a 313Z resident visa. My

Customer Question
daughter was born in Australia...
I arrived in Australia in 1985 with a 313Z resident visa. My daughter was born in Australia in 1988 and has lived here ever since. I have since become an Australian Citizen and hold and Australian Passport. My daughter was not part of the citizenship process as I was told at the time this was unnecessary as she was born here. She has now failed the eligibility to work check as the company completing the process on behalf of her future employer will not recognise my original Visa and I have no other way of proving that I was a legal resident when my daughter was born. This job offer may be withdrawn if we cannot solve this problem quickly. They have advised her that she needs to apply for citizenship. I don't understand this. Can you help with some advice?
Submitted: 2 years ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 18 minutes by:
10/21/2015
Solicitor: James D. Ford, Solicitor replied 2 years ago
James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1,601
Experience: Consulting Principal at Nexus Law Group
Verified

Hi, she needs to apply for Australian Citizenship by birth.

Born in Australia on or after 20 August 1986

General

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.

313Z resident visa

Back in 1988, when your daughter was born, was the 313Z visa a Permanent Resident visa or a temporary visa? You will be able to determine this by referring back to your passport that applied at the time, and looking for evidence of permanent residence status which may be confirmed by a permanent entry permit in their foreign passport valid at the time of the applicant’s birth.

Please advise if you have this?

Kind regards, James

Ask Your Own Australia Law Question
Customer reply replied 2 years ago
It was a Permanenent Resident Visa. I still have a copy of my UK passport it was a rubber stamp. I travelled overseas for a holiday In 1991 with my daughter with a class 155 resident return visa for indefinite stay and she is named on that visa I still have a copy of that. Will that help?
Customer reply replied 2 years ago
I have just noticed that my original entry Visa is numbered 367v ( not a 313z that was for a subsequent overseas trip)
Solicitor: James D. Ford, Solicitor replied 2 years ago

OK, then your daughter needs to apply for Australian Citizenship by birth,.. using the evidence that you were a PR at the time she was born in Australia to support the application.

Ask Your Own Australia Law Question
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

26,412 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,601 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
Victoria. My ex husband and I are "legally" separated for
My ex husband and I are "legally" separated for the past 3 years. I have registered this with Centrelink. We were married 21 years (24 years now legally). We have 3 children, 1 of whom is still a minor and lives with me. he is 14 years old. My ex husband is not making any arrangements as yet to get divorced as he says he's "not sure" ... but I am. I'm not sure how to go about divorce. We were married in South Africa in 1994 and have a marriage contract. Would our marraige contract still be valid in Australia if we got divorced? … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
My husband and I had a few insurance policies with AMP
My husband and I had a few insurance policies with AMP before. Presently I only have my life insurance which was converted from a previous policy into what is called Flexible Lifetime - Protection Pla… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
My wife and I purchased a house and settlement was to be at
Hello my wife and I purchased a house and settlement was to be at 12:30 Friday 19/01/18 we organised a REMOVALIST they arrived loaded a house lot then drove to house we purchased got there around 1:45… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
Just wanna ask question. Victoria. Its all about my friend
just wanna ask question JA: What state are you in? It matters because laws vary by location. Customer: victoria JA: Has anything been filed or reported? Customer: nah JA: Anything else you want the la… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
We have had a car stored in our shed for 13-14yrs the owner
We have had a car stored in our shed for 13-14yrs the owner never came to pick it up she would ring about once a year promise to pick up in a few weeks but didn't we had no contact number or a full na… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
My wife and I have planned a holiday to the East Coast and
Hi, My wife and I have planned a holiday to the East Coast and have booked and paid for a number of hotels and airlines. Since booking I have suffered a major heart trauma and am unable to travel. I h… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I am looking for some advice but not sure if you can help in
I am looking for some advice but not sure if you can help in my case... My ex partner and I separated almost two years ago and we have a daughter that is almost three years old. She is planning to go back to our country of origin with my daughter and I just wanna know if the Australian law can help me to keep my daughter with me if i am not Citizen or Permanent Resident... … read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
My mother has passed away and I am now a beneficiary to her
My mother has passed away and I am now a beneficiary to her will. I am however under bankruptcy and want to know if I can disclaim my inheritance. Can this be done? … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
As a Sole Trader, if a Customer is refusing to pay for Parts
As a Sole Trader, if a Customer is refusing to pay for Parts installed into a Pump on their property (I have the Proof of Purchase for the parts installed), I have 7 months of left messages, actual co… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
I was convicted of centerlink fraud with a suspended
hi. i was convicted of centerlink fraud with a suspended sentence which finished 6 years ago, am i elligible for the esta waiver to travel to the usa? … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,833 satisfied customers
Tina, i am paying my rent through DEFT,i was given notice of
Hi Tina , i am paying my rent through DEFT,i was given notice of my rent increasing, my rent has not been adjusted. am i expected to increase my rent, not the real estate. … read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
My sister in law has purchased a unit in Bicton she was
Hi my sister in law has purchased a unit in Bicton she was informed by agent thst strata fees were $450 per quarter she budgeted for this and cannot afford any more as she is on a pension when she miv… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
My son lives in qld and is in debt up to his eyebrows .I am
Hi my son lives in qld and is in debt up to his eyebrows .I am 81 and cannot help can you tell me if he can cet his bank to freeze his house mortgage for a period to help … read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
I just don't know how to ask this question in realation to a
Hello I just don't know how to ask this question in realation to a retail employee that's going into the 7 year on casual rates … read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
My husband and I have recently separeted, living still on
My husband and I have recently separeted, living still on the same property, I have invested all my life savings of $130'000 from overseas (Switzerland) into the property and relationship. Unfortunate… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I have been billed by both AGL and Red Energy for the same
I have been billed by both AGL and Red Energy for the same period. I signed up to Red Energy after a door to door salesman came by. AGL then contacted me a day later and offered me a good deal to stay… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
I my dad had a car accident in my car im insured with bingle
hi i my dad had a car accident in my car im insured with bingle bingle organized to take it to one of ther accessor to see the damage first off i had to go all the way to doncaster to one of there rep… read more
John Melis
John Melis
Diploma In Law
1,365 satisfied customers
I have an enquiry in regards to a towing dispute. I am
Good afternoon, I have an enquiry in regards ***** ***** towing dispute. … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,833 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x