Recently, many individuals whose visa renewals were rejected have opted for an AAT (Administrative Appeals Tribunal) appeal. A common question arises: If a baby is born during the appeal period, what visa will the child have? Are there any restrictions?

For parents who are not permanent residents (PR) and give birth in Australia, the child typically receives the same visa as the parents, as shown in the diagram below. However, the situation is more complex during the appeal period. Let’s delve into this, combining immigration law for further clarification.

Child’s Visa Status

According to Section 78 of the Migration Act, a child automatically inherits the same visa status as their parents at birth. If the parents hold different visa types, the child may hold two types of visas simultaneously.

If the parents are in the ART appeal process (holding Bridging A or B visas), the child will automatically receive two Bridging Visas (BVA) from both parents.

Key Differences

The child’s Bridging Visa A (BVA) is automatically linked to the parent(s) and is not granted through a visa application.

The child is not automatically considered to have submitted the same visa application as the parents.

The child cannot directly join the ART appeal. Only after the parent(s) win their appeal can the child be included in the new visa application.

Can the Child Apply for a BVB (Bridging Visa B) for Travel?

No! Here's why:

The child’s BVA is attached to the parents and has no independent visa application, so the child doesn’t meet the requirements for a BVB.

A more serious risk: If both parents are granted a BVB, the child’s BVA will become invalid, resulting in the child being in an unlawful status (commonly referred to as being "illegal").

Important Considerations

The child automatically holds a BVA at birth, with no need to apply separately, but you can contact the immigration office to obtain a grant letter.

If the parents are applying for permanent residency, they should inform the immigration office as soon as the child is born, so the child can be included in the application to ensure the child’s visa is processed in sync.

Do not blindly apply for a BVB for the child, as this may cause the child to lose their lawful visa status.

By following these guidelines, you can better navigate the situation of having a baby during the ART appeal process and ensure the child’s visa status remains intact.