A Guide to Australian Citizenship for Children Born in Australia

For those starting a family in Australia, a common concern is the citizenship status of their children: Will they automatically acquire citizenship? This article explains the criteria for Australian citizenship for children born in Australia, including automatic citizenship, eligibility requirements, and special circumstances.

Understanding Australian Citizenship by Birth

Until 1986, children born in Australia automatically received citizenship, irrespective of their parents' immigration status. Today, the process for acquiring Australian citizenship at birth differs:

Automatic Citizenship at Birth

Children born in Australia may acquire Australian citizenship if they meet any of the following criteria:

• One or both parents are permanent residents or Australian citizens
• They have been 'ordinarily resident' from their birth until their tenth birthday

Who Qualifies Automatically?

Children born under any of the above circumstances automatically acquire Australian citizenship. Once they are born, their parents can apply for their passport. In certain cases, children may acquire citizenship before their parents, provided the parents remain permanent residents.

When Citizenship Is Not Automatic

Citizenship is no longer automatically granted to children born in Australia. For a child born in Australia to qualify, they must have at least one parent who is a citizen, or have stayed in the country as an 'ordinarily resident' until their tenth birthday.

Citizenship Through Application for Children

Children born overseas may acquire citizenship through an application process, known as Australian citizenship by descent. To apply for citizenship by descent, the parent from whom citizenship is claimed must have been an Australian citizen at the time of the child's birth. Children under 15 require a responsible parent to submit this application, while those above 18 can apply, provided they are of good character.

Eligibility Criteria for Applying

• At least one of the child’s parents must be an Australian citizen at the time of their birth.
• The parent (or parents) must have spent two years or more lawfully in Australia before lodging the citizenship application.
• Applicants 18 years or older must meet the good character requirements set by the Department of Home Affairs.

Documents Required

• Proof of name changes, if applicable, including official marriage or divorce certificates, or other legal documents issued by relevant authorities
• A completed Form 1195, Identity Declaration, to verify identity within the Australian community
• A complete birth certificate for Australian citizenship, including the full names of the parents
• Documents for photograph and signature, such as an Australian driver's licence, valid passport pages, and a national identity card
• Parents’ documents verifying their identity, orders related to custody, and proof of adoption
• Good character documents, Penal clearance certificates, and Australian National Police Checks.

Application Process

The Australian citizenship application for newborns is straightforward, as it does not require a citizenship test. Parents or self-applicants can apply online through ImmiAccount and pay the application fee to submit their application. The application can also be lodged overseas, and once submitted, you must wait for the Department's decision.

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Special Cases for Australian Citizenship for Children

In addition to citizenship by birth, special circumstances may determine a child's eligibility for Australian citizenship. These fall into three categories: children born to non-citizen parents, born overseas, or adopted.

Children Born in Australia to Non-Citizen Parents

If a child has non-citizen parents, citizenship will depend on these circumstances:

• If both parents hold temporary or permanent visas at the time of birth, the child is automatically granted the same visa subclass.
• If the parents hold different visas, the child will generally be granted the visa held by the parent with the more favourable status (usually the permanent visa holder). For example, if the father is a temporary visa holder but the mother holds a permanent residency visa, the child will inherit the latter.
• Parental separation does not affect a child’s citizenship status. Citizenship is determined based on the parents’ status at the time of birth. However, the foreign parent will not automatically have the right to stay; they must apply for a permanent visa.

Adoption Cases

If a child is adopted overseas by an Australian citizen through a bilateral arrangement or under the Hague Convention, they may be eligible for Australian citizenship. A valid adoption compliance certificate is necessary, and once the application is approved, the adoptive parent can apply for their Australian passport.

Children Born Outside Australia

Children born overseas receive citizenship by descent if one or both parents were Australian citizens at the time of their birth. Even if one parent were a temporary visa holder at the time, if the other was a citizen, you would become eligible for citizenship. This process typically involves applying for citizenship, as opposed to automatically receiving it at birth.

Benefits of Australian Citizenship for Children

Whether born to permanent residents or not, obtaining citizenship for children provides the following benefits:

• Remaining in Australia permanently
• Studying in Australian schools and working in Australian companies
• Sponsoring eligible relatives to visit, once they are older
• Accessing Australia's medical system, Medicare
• Access to government-funded education and universities at domestic student rates
• Entering and re-entering Australia as required

How Migration Lawyers Can Help

While citizenship offers significant benefits, the application process can be complex and requires careful navigation. Depending on your circumstances, there can be various pathways to get citizenship for your child, each of them comprising specific requirements and eligibility criteria.

At Australian Migration Lawyers, our registered professionals help simplify this process. Drawing on decades of combined experience in migration law and citizenship matters, our lawyers provide transparent and strategic guidance every step of the way, ensuring that you understand the process clearly and proceed confidently.

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Book a Consultation‍

If you are interested in getting more information about a visa, get in touch with Australian Migration Lawyers for a consultation.

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Frequently Asked Questions (FAQs)

Is Every Child Born in Australia Automatically an Australian Citizen?

No. The child's citizenship depends on their parents' immigration status at the time of their birth.

Can a Child Born to Temporary Visa Holders Become a Citizen?

No. Children born to temporary visa holders are granted the same temporary visa. If their parents later obtain permanent residency, the child must generally be included in a separate application to become a permanent resident.

How Do I Apply for Citizenship for a Child Born in Australia?

If they do not qualify for citizenship by birth, you can apply for your child's citizenship through ImmiAccount. Check their eligibility, prepare the required documents, and submit the application.

How Long Does It Take for a Child’s Citizenship Application to Be Processed?

The Department evaluates applications on a case-by-case basis, so processing times will vary depending on the circumstances of your application. However, processing can range from six months to a year.

Can Adopted Children Obtain Australian Citizenship?

Yes. If an Australian citizen adopts them in accordance with the required obligations, they may be eligible for citizenship.

Does a Child Automatically Get a Passport After Citizenship?

No. The parents will need to apply for their Australian passports.