Need Help Urgently: Traveling with Child to Australia

[Kiwi Flyer]

This may be true, but you might not get your 2YO onto the Aircraft in the first place.

Airlines may incur penalties for bringing inadequately documented passengers to Australia. Because of this Airline agents are required to inspect the documentation of all travellers before allowing them to check-in.

Yup. Some airlines are more risk averse in this regards than others. There is a risk of being denied boarding even if you think you have the necessary documents to prove right of entry. Some airlines, but not all, will allow pax to board where there is question mark over entry rights in their eyes upon pax signing a waiver of responsibility which also allows the airline to recoup all costs they incur should you be denied entry. Other airlines simply won't allow pax to board at all if they have doubts.

 

[Kiwi Flyer]

It seems to me this whole thread can be summed up as follows.

The risk averse move is to get the Aussie passport while in US. This can be done within a month easily.

The OP is looking at taking a riskier approach, and the risks of that have been set out (quite well I think).

 

[straitman]

It seems to me this whole thread can be summed up as follows.

The risk averse move is to get the Aussie passport while in US. This can be done within a month easily.

The OP is looking at taking a riskier approach, and the risks of that have been set out (quite well I think).

As someone who has just read this from post #1 onwards I'm not sure what inpd wants. He/she has asked for advice having already made up their mind about what they are going to do.

This being the case I have to wonder why ask at all?

 

[NM]

And I stand by my previous comment that she is not eligible for an ETA (as an Australian citizen) and trying to enter using an ETA will be discovered by the immigration offices. I never said she would be denied entry. But I would not be willing to undergo the delayed entry process whilst citizenship is validated. I would getting the passport and making sure all the application paperwork and photos are 100% accurate to ensure there is no delay.

But if you want to go down the delayed entry path, please feel free to do so.

 

[inpd]

As someone who has just read this from post #1 onwards I'm not sure what inpd wants. He/she has asked for advice having already made up their mind about what they are going to do.

This being the case I have to wonder why ask at all?

There are lots of knowledgable people on this board who've helped
me in the past hence this is why I asked. I was kind of hoping
someone would chime in about an innovative solution such as
adding children to an existing parent's passport but I'll check
up on it.

I'll let you know the outcome. It seems the likely case will be for an
official Telegram to my POI about the situation so they can clear the child
before we land.

But the facts are that:

a) Getting a passport through Washington DC is a many
month PAIN. I went through it, my wife went through it.
I don't say this in spite, they are trying to keep bad guys out.
Enough said.

b) You do NOT need an aussie passport to enter Australian.
Talking to a QC friend of mine he mentioned
that it was against the constitution for Australia to bar entry
to one of its own citizens even if they are criminals or
do not have a passport. So long as they can identify them.

c) Contrary to what NM said, I can get a ETA since my daughter
meets the requirements of holding a foreign passport.
After much digging I found out the Australian government
HOPES you get a passport since it is the quicker way to establish
your citizenship. If we all just showed up with our citizenship
certificates traveling will be a nightmare.

 

[Dave Noble]

c) Contrary to what NM said, I can get a ETA since my daughter
meets the requirements of holding a foreign passport.
After much digging I found out the Australian government
HOPES you get a passport since it is the quicker way to establish
your citizenship. If we all just showed up with our citizenship
certificates traveling will be a nightmare.

She is ineligable for an ETA by virtue of being an Australian Citizen regardless of whether the system may or may not issue it

I suggest that you also read the fact sheet 95 linked to above

If she has invalid documents ( which she would have if without an Australian passport ), do not complain should she be denied boarding for the flight to Australia which could happen.

Dave

 

[d15.in.oz]

I think that my comments, about being denied entry (as a US citizen), may have been misunderstood. So, let me clarify, what I think is the possible course that events will follow -

• Daughter receives an ETA, given that the system is likely to assume an Australian is not going to apply for one, so it doesn’t cross reference.
• Probably get onboard the aircraft okay, as the ETA is valid, and the check-in agent will see both parents checking in with the child, so no worry about a child abduction in progress.
• Fill out incoming passenger form on board flight, (probably deciding to use the daughter’s details from the US passport in conjunction with ETA entry permission.)
• Decide which queue to stand in at immigration (maybe decide the non-Aussie/NZ queue).
• Pass parent’s AUS and child’s US details to immigration officer.
• Immigration officer (with International child abduction procedures in mind) checks both parents are travelling, and notes both entering Australia on Australian passports.
• Immigration officer checks database, and realises child has been registered for citizenship recently, asks parents why the child does not have the correct documentation to enter Australia, because as dual nationals the parents obviously recognise they need to enter Australia on Australian passport. (Notes the date of ticket purchase vs the date of arrival.)
• Immigration officer denies the child entry, under the application to enter as a US citizen on an ETA - as the child appears to have Australian citizenship.
• Refers the whole family for further processing, to determine the reason why the child does not have the correct documentation.
• After a delay, and probable charge for the correct declaratory visa to be issued, your daughter will be permitted entry into Australia as an Australian.

And notes will be added to your immigration dept records, regarding the incident .

Perhaps we can learn from the David Hick’s rather extreme situation, that asserting the correct citizenship rights, when first encountering any authorities, can create dramatically different outcomes. (i.e. if only he had been considered British.)

 

[inpd]

Okay. I sorted it out.

Bottom line: She can enter on an ETA and then get a passport in
Australia as per the U.S. overseas consulate.

Why: Regulations <> Laws. The government (i.e. senators) create laws
the agencies create regulations which should reflect laws. There is
no law stating citizens can't apply for visas. Everyone including myself
was quoting regulations.

Also you need to read regulations very careful. If you absolutely can't
do something then they will quote a law and specify penalities etc.

A similar situation happened in my green card processing.
The regulations said: "When an alien changes employment they
are expected to inform the INS". To a layperson it means change job
tell INS. But to a laywer the word "expected" is not the same as
"is required by law xx_".

The trivia we learn going through life ...