Skip to main content
ChildCitizenship

What’s the status of children born to Australian citizens, permanent residents, or temporary visa holders? (updated 16 Dec 2020)

By December 16, 2020November 18th, 2021121 Comments

What happens when an Australian citizen, permanent resident, or temporary visa holder has a baby? The immigration status of the child can differ depending on where the child is born.

Children born in Australia

Where at least one parent is an Australian citizen

Under s 12 of the Australian Citizenship Act 2007 (Cth) (Citizenship Act), a child born in Australia is an Australian citizen by birth if one of the parents are an Australian citizen.

As this is granted by operation of law, no separate application needs to be made.

However, as an Australian citizen, your baby will require an Australian passport to leave and enter Australia. You can view the Australian Passport Office website to find out how to apply for an Australian passport and what documents you need. If you need to show evidence of the baby’s Australian citizenship, apply online for Evidence of Australian Citizenship.

Where at least one parent is a permanent resident

Under s 12 of the Citizenship Act, a child born in Australia is an Australian citizen by birth if one of the parents are an Australian permanent resident.

As this citizenship is granted by operation of law, no separate application needs to be made.

However, as an Australian citizen, your baby will require an Australian passport to leave and enter Australia. You can view the Australian Passport Office website to find out how to apply for an Australian passport and what documents you need. If you need to show evidence of the baby’s Australian citizenship, apply online for Evidence of Australian Citizenship.

Where at least one parent is a temporary visa holder

If the parents hold a temporary visa (other than a special purpose visa), s 78 of the Migration Act 1958 (Cth) (Migration Act) states that the child is taken to have been granted the same visa as their parents.

As this visa is granted by operation of law, no separate application needs to be made (though the Department must be notified)

If you currently have a visa application in ImmiAccount that is not yet finalised, sign in to ImmiAccount and upload these documents:

  1. Form 1022 – Notification of changes in circumstances
  2. a colour scan of your baby’s Australian birth certificate
  3. a colour scan of your baby’s passport pages (showing photo, personal details, and passport issue and expiry dates)

If you don’t have an ImmiAccount, or your application is already finalised, you can notify by post the following to your nearest Departmental office.

  1. Form 1022 – Notification of changes in circumstancesa
  2. certified copy of your baby’s Australian birth certificate
  3. a certified copy of your baby s passport pages (showing photo, personal details, and passport issue and expiry dates)

We recommend you send them by express or registered post so you can track their delivery.

If you do not tell the Department about your baby:

It is also worthwhile to be aware that children born in Australia on or after 20 August 1986 automatically acquire citizenship if they have been ordinarily resident in Australia throughout the 10-year period beginning on the day of their birth. In such cases, the child will become an Australian citizen on their 10th birthday.

This provision operates regardless of the migration or citizenship status of the parent(s).

Children born outside of Australia

Where at least one parent was an Australian citizen

Children may be eligible to be an Australian citizen by descent if they were born outside of Australia on or after 26 January 1949 and at least one parent was an Australian citizen at the time of the child’s birth.

However, this process requires an application.

If your baby is eligible for Australian citizenship by descent, you will need the Australian citizenship by descent extract, before you apply for an Australian passport.

Note that a baby who is eligible for Australian citizenship (but has not yet acquired Australian citizenship by descent) can travel on a visa to Australia on a passport issued by another country. This may be done as long as the baby is not confirmed by the Department to be an Australian citizen. You could consider bringing the baby to Australia on a Visitor visa, for example.

Where at least one parent is a permanent visa holder

A child born outside Australia to an Australian permanent resident visa holder is not automatically granted a visa. This means they will need to lodge a new visa application to enter Australia.

If you wish to bring your baby to Australia as a permanent resident, you may want to consider:

  1. applying for a Child (subclass 101) visa for your baby;
  2. adding your baby as a dependent on an application for a Partner visa or Prospective Marriage visa if the permanent resident parent intends to sponsor the baby’s other parent to come to Australia on one of these two visas;
  3. alternatively, you you may wish to bring your baby to Australia on temporarily visas (such as a Visitor visa).

Where at least one parent is a temporary visa holder

A child born outside Australia to an Australian temporary visa holder is not automatically granted a visa. This means they will need to lodge a new visa application to enter Australia.

If one of the parents hold one of these visas, you can apply for a ‘subsequent entrant’ on your existing visa for your baby:

If you hold a temporary visa other than one of the above (i.e. a visitor visa), and you also do not have an unfinalised visa application before the Department, then you will need to apply for a new visa for your baby.

If you currently have an unfinalised visa application before the Department, then your baby will automatically be added to that application, after you have notified the Department of your baby’s birth.

Summary table

Can we conflate the above information into a simple matrix? We certainly can:

 

At least one parent is an Australian citizen
At least one parent is an Australian permanent resident
At least one parent is a temporary visa holder
Born in Australia

Citizen by birth

Citizen by birth (notification must be made)

 

Temporary visa holder at birth (notification must be made)
Born outside of Australia
Citizen by descent (application must be made) No visa

 

No visa

 

Any questions?

If you seek further information about the status of your child (congratulations!), or general questions about your family’s Australian immigration status, please email our general query inbox at [email protected] or call us on +61 3 9016 0484.

THIS DOCUMENT DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. PLEASE CONSULT AN IMMIGRATION PROFESSIONAL FOR UP TO DATE INFORMATION.
Mihan Hannan

Author Mihan Hannan

Formerly a Senior Associate in one of Australia’s most reputable immigration litigation and review practices, Mihan is solutions focused and well versed in all aspects of Australian immigration law. Mihan also has a subscription addiction, being obsessed with tools to improve the firms immigration work flow.

More posts by Mihan Hannan

Join the discussion 121 Comments

  • ramesh thapaliya says:

    Hi, my baby born in australia during processing of permanent residency. After baby born then we got permanent resident along with baby. Can I apply the baby citizenship ? OR i need to wait for residency requirement before appy for the baby citizenship?
    What is the current processing time for baby citizenship application??

    • admin says:

      Hi Ramesh,
      Seems like your baby was not automatically granted citizenship because you were granted permanent residence after his / her birth.
      This means that ordinarily your baby will be included in a citizenship application with you (when you and your wife meet the general residence requirement).
      We’ll have a lawyer contact you by email.
      Hannan Tew

    • Barun says:

      Hi , i am australian citizen and my wife ia permanent resident. My baby was born overseas. How can i bring my baby to Australia.

      • admin says:

        Hi Barun,
        Your child can probably obtain Australian citizenship by descent (by application).
        Feel free to contact us at [email protected] if you’d like to discuss.
        Kind regards,
        Hannan Tew

    • Mitch says:

      Hi Mitch. My wife and I have been in Melbourne on a student visa since 2017. A little girl was born to us in 2018. When our daughter is entitled to permanent residence or citizenship because we are not Australian residents. Thanks

      • admin says:

        Hi Mitch,
        Ordinarily, your child will need to wait until you or your wife meet citizenship requirements. However, there is a provision to allow them to automatically acquire citizenship if they have been ordinarily resident in Australia throughout the 10-year period beginning on the day of their birth. In such cases, the child will become an Australian citizen on their 10th birthday.
        Kind regards,
        Hannan Tew

  • Rigved says:

    Hi, my child was born in the US and I am permanent resident in Australia. Can I bring my child to Australia as a permanent resident?
    And how much time it’ll take application to get processed?
    And can I bring my child temporary until they decide on permanent residency?

    • admin says:

      Hi Rigved,
      Thanks for getting in touch.
      Unfortunately as your child was born overseas to permanent residents, he / she is not automatically granted a visa.
      You could consider a Child visa (see here).
      The processing times are about 2 years at this point in time (bearing in mind that COVID-19 has significantly impacted processing times).
      You could apply for Visitor visas to bring your child over to Australia in the interim.
      One of our lawyers will be in touch to see if we can assist.
      Kind regards,
      Hannan Tew

      • Somayyeh says:

        Hi Admin
        I am permanent resident , but my son born out of Australia
        Now I applied for a permanent residency visa for him
        He has an health issue, so I need to apply for a health waiver
        If in first step I fail to have the waiver can I apply again?

        • admin says:

          Hi Somayyeh,
          Sorry to hear about your son’s health condition.
          There is nothing stopping you from lodging a further visa offshore, but you’ll probably face the same issues and lose your lodgement fees.
          The best approach is to speak to a specialist in that health sector so you can prepare the best possible waiver.
          Feel free to contact us at [email protected] if you’d like to discuss further.
          Hannan Tew

      • Alisson says:

        Thanks for the comments; once the baby comes to Australia under a Visitor Visa, have you experienced any need for Medicare or Health Insurance for the baby? I understand that the baby would not be suitable for Medicare if he/she arrives in a Visitor Visa. Is there any recommendation on getting some sort of health insurance while waiting?

  • Naveen kumar Kokku says:

    Hai this is Naveen Kumar Kokku my wife is a pregnant i am on 485 visa.If my wife born a baby here can i get the Australian Citizen after my baby 10th birthday

    • admin says:

      Hi Naveen,
      Firstly, congratulations on the birth of your baby!
      Secondly, to be granted Australia citizenship on the children’s 10th birthday, they must satisfy the “ordinarily resident” requirement. That is, they must demonstrate that they are not residing in Australia temporarily so that their parents, for example, complete their studies or for any other temporarily reasons. They will be required to prove that they see and call Australia home. It’s a bit complicated, so if possible, it is usually easier for you to obtain citizenship on your own behalf (using for example, skilled visas). One of our lawyers will be in touch to see if we can help.
      Kind regards,
      Hannan Tew

      • Lisa says:

        Hi I’m Lisa and I’m having a baby with a permanent resident please will I be able to apply for PR through my newborn baby if I’m on a student visa?

        • admin says:

          Hi Lisa,
          Thank you very much for your comment – and congratulations on the birth of your child!
          If your child is born to a permanent resident in Australia your child will automatically be granted citizenship. In this case your child can certainly sponsor you on a Parent visa. However, this can be a lengthy and expensive process. A better option might be to apply for a Partner visa on the basis of your relationship to the permanent resident Australia?
          One of our lawyers will be in touch to see if we can help.
          Kind regards,
          Hannan Tew

  • Troy says:

    Hi just a quick question. I am a Austrailian citizen my kids where born in New Zealand . we have lived in Australia for 10 years are they classed as permanent residence?

    • admin says:

      Hi Troy,
      Thanks for your comment.
      Were you an Australian citizen when your children were born overseas? If so they would generally be eligible for citizenship (but would need to make an application).
      In any case, they must have had a passport to travel to Australia – was that an Australian passport or a foreign passport?
      One of our lawyers will flick you an email to determine more specifically what the situation is and whether we can help.
      Kind regards,
      Hannan Tew

      • Arash Verma says:

        Hi I’m a student/worker and I don’t have permanent residency in Australia but I was wondering if I have a child with an Australian that was born here would that grant me PR..Thanks.

        • admin says:

          Hi Arash,
          Your child being born here will generally have the same immigration status as you so ordinarily won’t impact your permanent residency. However, children born in Australia on or after 20 August 1986 automatically acquire citizenship if they have been ordinarily resident in Australia throughout the 10-year period beginning on the day of their birth. In such cases, the child will become an Australian citizen on their 10th birthday. If that is to happen, then they could sponsor you on Parent visas (though this is quite an expensive process).
          Feel free to email us at [email protected] if you’d like to discuss this fruther.
          Kind regards,
          Hannan Tew

  • Hi! My husband is an Australian citizen and iam permanent resident. Iam having a baby in Australia which will automatically be granted citizenship. Will it lessen my time of spending 4 yrs in Australia for getting an Australian citizenship or not?

    • admin says:

      Hi Shaista,
      Thank you for your comment (and congratulations on the pregnancy!).
      Having a child will not ordinarily allow you to reduce the overall general residence requirement but under (see: Ministerial discretion – Spouses and de facto partners (s22(9) and s22(10))) you might be able to treat periods offshore as periods onshore.
      If you’d like to consider your options, feel free to email us at [email protected]
      Kind regards,
      Hannan Tew

    • Trang says:

      My son is born In Vietnam his father is Australian citizen is that mean my son can travel to Australia as a Australian citizen automatically in his passport? Me an my partner we planning to get married when I come to Australia with my son .me and my partner we had wedding ceremony last year do become automatically Australian citizen when I travel to Australia?

      • admin says:

        Hi Trang,
        Unfortunately he will not automatically be a citizen (though he is likely to be eligible for citizenship by descent).
        Feel free to contact us at [email protected] if you’d like to discuss.
        Kind regards,
        Hannan Tew

  • MP says:

    Hi, our situation is a little complicated. My husband and I are currently skilled work visa holders and will be lodging our PR application by this year. Our baby is due to arrive in February. We intend to register our baby as a Singaporean citizen. 2 questions: a) If we have successfully been granted PR before his birth, can we opt to apply for PR for the baby instead of AUS citizenship as Singapore does not allow dual citizenship? b) If our PR application is still pending, does the baby get included in this application for free?

    • admin says:

      Hi MP,
      Thank you very much for your comment on our article regarding citizenship.
      Noting that we are not Singaporean immigration lawyers (and thus cannot accurately advise on the validity of dual nationality), your child’s Australian status is as follows:
      1. If your child is born while your PR application is processing – your child will be granted the same visa as you (s 78 of the Migration Act), and be taken to apply for the same visa as you (regulation 2.08 of the Migration Regulations). This means you do not need to pay another fee;
      2. If your child is born after your PR application is approved – your child will be an Australian Citizen by birth (s 12 of the Australian Citizenship Act).
      In relation to situation 2, there are probably a couple of considerations for you including that your PR application cannot be approved until after you’ve completed your health examinations (which I’m assuming you would not want to do until after you’ve given birth as it involves a chest x-ray).
      Additionally, your child can renounce their Australian citizenship if it would deprive them of obtaining Singaporean citizenship – your child could potentially obtain Australian permanent residency on the basis of being a former Australian citizen.
      Hope that provides some guidance, but feel free to get in touch if you have any further questions.
      Kind regards,
      Hannan Tew

    • Eric says:

      Hi Admin,

      I was on a student visa in Australia at the Top End (Northern Territory) when my son was born to an Australian Indigenouse woman after a casual relationship. He is 9 years old now and still living with his mother in Darwin since birth. I am back in my country of origin and I would really love to be close to my son because I miss him so much. It has been 4 years (2017-2021) since moving back to my country due to my visa running out. His mother and I remained in contact with each in Darwin and still maintain contact after I left through Facebook, although not very often. It is my son’s rights to have both his parents present to raise him. As a foreign parent, do I still have a fighting chance to return to Darwin and be close to him? Do I qualify for a Permanent Residency? What kind of visa options would best suit my situation?

      Kind regards.

      • admin says:

        Hi Eric,
        I’m sorry to hear about your circumstances.
        From an immigration point of view, you could consider either a partner visa (if you are still in a relationship with the mother) or a Parent visa.
        I see you’ve emailed us so one of our lawyers will reach out to see how we can help.
        Kind regards,
        Hannan Tew

  • Adam says:

    Hello,

    My partner and I are Australian citizens living in the UK and we have a 10-month old child who was born in the UK and has British Citizenship.

    We would like to repatriate and I have been offered a job in Perth starting in the next couple of months. As the citizen by decent processing time is 4-6 months we plan to do this in Australia. Our problem is the tourist eVisa which is quick and easy to get only last 3-months so our daughter’s visa will run out before we can get her citizenship. The next possibility is a 6-12 month visitors visa but the processing time for this is 3-4 months and so my pattern and daughter will have to remain in the UK until this is granted and thus we will have to be apart for several months.

    We have travel exemptions from the WA police to travel and will quarantine on arrival. Again my partner will have to do this alone.

    It seems crazy there is not a visa for our situation. I would imagine there are many Australians living abroad with children born in that county having to move back to Australia at short notice because of job offers. However as far as I can see there is no way we can do this without being forced to spend time apart as a family. Or is there a visa I am missing?

    • admin says:

      Hi Adam,
      Thank you for your comment and we’re sorry to hear about the inconvenience you are facing.
      A couple of points:
      (1) For immediate travel to Australia, unfortunately the eVisitor visa is probably going to be the most appropriate at the moment. If towards the end of the 3 month stay period, you’ve still not heard from the Department regarding the citizenship application, you can apply for an onshore Visitor visa to extend your child’s stay period for a longer duration (so you won’t have to leave 3 months in). Your child will receive a bridging visa that’ll enable them to stay in Australia until a decision is made on the onshore Visitor visa application.
      (2) Re citizenship, the processing times indicate that 75% of citizenship by descent applications are processed in 4 months or less. It’s generally a relatively straight forward process if you have all the appropriate documentation (i.e. your child’s birth certificate, evidence of you and your partner’s identity as Australian citizens etc.) so it should not take that long to process. The main point is to submit as soon as possible!
      One of our lawyers will be in touch to see if we an help with any of the above.
      Kind regards,
      Hannan Tew

    • Sara Selladurai says:

      Hi there,

      My situation is a little complicated I guess. I am an Australian citizen living in Dubai ATM. My husband is a SriLankan Citizen and we have applied for his 309 partner visa which is still under process. I am currently expecting and the baby is due in March 2021. Once the baby is born here in Dubai will the baby be automatically added to my husband’s application? or should i still apply for a new application for the baby?

      Also if it’s a separate application (Citizenship by Descent) can I still get an Australian birth certificate for the baby here in Dubai? The processing times for this application is 4 to 8 months and here in UAE there is a time limit of 120 days in which we have to lodge for a residency visa for the baby. Meaning that if we don’t have a passport within 120 days we will basically be fined each day. Hope you can help me with this.

      Many Thanks.

      • admin says:

        Hi Sara,
        As you are an Australian citizen, the best approach might be to apply for citizenship by descent for your child. Your baby would not be issued an Australian birth certificate (but an Australian citizenship certificate).
        Your matter can be more complex, so feel free to book a consultation with us to discuss further: https://www.hannantew.com.au/initial-consultation/
        Kind regards,
        Hannan Tew

  • Pardeep says:

    Hi my name is pardeep, we come Australia in 2009 , we are on bridging visa, my son born in January 2012, is he eligible for australian citizenship 2021 , we continuing living in Australia

    • admin says:

      Hi Pardeep,
      Thank you for taking the time to read our article on citizenship. In short, a person born in Australian is an Australian citizen by birth if they are ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born. So if your son was born in January 2012, he would be a citizen by birth in or around January 2022 (on his 10th birthday) if he was ordinarily resident in Australia throughout this time.
      Feel free to get in touch with us at [email protected] if you have any further questions.
      Kind regards,
      Hannan Tew

  • Taylor says:

    Hi,
    I am an Australian citizen currently living in Germany and expecting twins in March 2021. My partner is german and with everything going on, originally i was to come home to have the birth but due to COVID19 its seemingly safer and easier to do it in germany and then go to Australia. After the birth as soon as I was fit I would like to fly, we want to move back to Australia and move home. My partner has a visa, but it said that the citizenship by decent can take 4-6months… which is longer than I want to wait plus 3-4 weeks for their passport, which is longer than I want to go home, especially since i wanted to be home at the start of 2021 orignally. Is there another way I can bring them to Australia and then apply for their citizenship? or apply and then fly with their german citizneship and switch their citizenship (or add to the dual citizneship) whilst in Australia? Or can they get their citizenship and then fly to australia without an australian passport? Because thats another month of waiting time. Because they will automatically have a German citizenship too. I just want to bassically go home as soon as possible but the citizenship procress for them seems to make it way more complicated and longer than planned.

    Thanks in advance.

    • admin says:

      Hi Taylor,
      Thanks for your comment on our article and congratulations!
      As you correctly mention, the processing times indicate that 75% of citizenship by descent applications are processed in 4 months or less. It’s generally a relatively straight forward process if you have all the appropriate documentation (i.e. your child’s birth certificate, evidence of you being an Australian citizen etc.) it should not take that long to process. You can either start the process once your child is born (to get the clock ticking) but ensure you put the postal address of a friend or update the Department in the middle of the process to ensure that the Department will post your child’s citizenship certificate to the correct address. Alternatively, if your child gets a German passport after birth, your child could apply for an eVisitor visa to make entry into Australia then apply for Australian Citizenship. The eVisitor is quick and cheap to obtain and will enable your child to come to Australia immediately. This visa is valid for 12 months and would permit the holder to remain in Australia for 3 months from date of first entry. One our lawyers will be in touch to see if we can help.
      Kind regards,
      Hannan Tew

    • Rupinder says:

      What about the parents visa status after 10 years later ? Can child cn visit his/her country ?

  • Stavrakakis georgios says:

    Hi
    Me and my family we have PR visa I applied for Australian citizenship a year after my wife and my son went back to Greece.
    When I became an Australian citizen can my son take the citizenship to? even if he is living overseas for the last two years?
    he is 9 years old and he still has valid PR visa.
    I’m not divorced with my wife we still married.

    • admin says:

      Hi Stavrakakis,
      Thanks for your comment.
      If you applied for citizenship on your own (without your family members included) they won’t automatically be granted Australian citizenship and will usually need to make their own separate applications. Feel free to get in touch with us at [email protected] if you’d like our assistance to consider their options.
      Kind regards,
      Hannan Tew

  • Richa soni says:

    Hi,
    My baby born in Australia in 2016 and we are on student visa.. IS my son is eligible for PR.
    Thanks

    • admin says:

      Hi Richa,
      Thanks for your comment.
      We’d need more information then that to determine if there are any options (but most likely not based on just being your child and born in Australia alone).
      Feel free to email us at [email protected] if you’d like to discuss further.
      Kind regards,
      Hannan Tew

  • Jeffrey says:

    Hi I’m an Australian Citizen and my gf is a Japanese citizen. If our baby will be born in Australia will my girlfriend be able to apply for a special visa to stay in Australia to look after our baby? Sadly I can’t sponsor my gf anymore since I have already sponsored twice. So right now we can only do tourist visa. Cheers.

    • admin says:

      Hi Jeffrey,
      Thanks for your comment.
      If your baby is born in Australia your baby will ordinarily automatically obtain Australian citizenship (by being born to you).
      You could then consider a Parent visa for your wife.
      Feel free to contact us at [email protected] if you’d like to discuss this further in a consultation.
      Kind regards,
      Hannan Tew

    • Leonie says:

      Hi Jeffrey,

      How did things turn out? I am in a similar situation and just wondering how you managed the situation. Would be great to be able to help each other in this regard.
      I hope everything went well.

  • HAMED says:

    Hi,

    My wife and I have been applied for permanent residency visa in May 2020 and our application is still in the process. I have reported the birth of my child by sending them the Australian Brith Certificate as they want this to add baby to our application and they issued a bridging visa for her just like us. But as we got Australian Marriage and the baby is born here in Australian and we do not have any overseas ID or passport for our child. So what will happen when the application is finalized and it comes to issuing a permanent residency visa for our family? Do we need to provide an Overseas passport for our child so that she could be added to the permanent visa once finalized? I mean is having overuse passport a mandatory document for even kids born here in Australia.

    We do not have any plan to travel to oversee at this stage we, do need to a passport for her for travelling overseas.

    I would be appreciated if you could give me help with that. I am always suggesting your website to all my friends and i found it really helpful and a very good lawyer. I do not need a lawyer as the visa is already lodged.

    Thanks,
    Hamed

    • admin says:

      Hi Hamed,
      Thanks for your comment.
      As one of the key requirements for granting a visa is to evidence identity, we’d recommend you obtain a passport for your child by contacting your embassy. Once you obtain the passport you can simply update your pending application.
      All the best,
      Hannan Tew

  • Jibin k Thomas says:

    My wife and I lodged for 491 temporary residence visa in November 2020, but now we are expecting a baby in July 2021. My question is if our visa is granted before the birth of the baby can we apply for visitor visa for our baby and lodge the 491 visa application for our baby while baby is in australia?if yes can baby get bridging visa until the visa granted?

    • admin says:

      Hi Jibin,
      Are you onshore or offshore?
      Once you come onshore on the 491 visa if you give birth to your baby they will automatically be granted the same visa (you just have to notify the Department).
      Feel free to email us at [email protected] to discuss further.
      Kind regards,
      Hannan Tew

  • Joseph says:

    Hello we have TSS 482 visa and living in Australia. We are planning to have baby in 1-2 years while we are on TSS 482. My question is, if we have our baby with our TSS 482 and then apply for a PR visa, our child would be a citizen? Since he/she will be born in Australia and his/her parents will be PR? (Not by the time of the birth but eventually)

    • admin says:

      Hi Joseph,
      Thanks for your comment.
      If your child is born whilst holding a TSS visa in Australia (prior to you obtaining PR) the child will have a TSS visa. The child will not transition to citizenship after you obtain your PR (they would need to go through the same process as you and apply for citizenship). The rules are at the time of birth.
      Kind regards,
      Hannan Tew

  • khalid says:

    Hi,
    Me and my wife are Australian PR holders (189) .We have made a Visa validation trip and are currently outside australia.
    we now have a child born outside Australia.
    Considering the processing time of upto 2 years for child 101 visa.
    Can I Bring my child on visitor visa and then apply for his Permanent residency i.e (802) visa while he is inside Australia.
    Thankyou

  • Ashlen says:

    I am a Canadian student and my husband is an Australian citizen.

    I gave birth in Canada. However I want to go back to Australia to study law. Is it mandatory that my child gain the citizenship by decent? I don’t want her to become an Australian citizen until I also get this citizenship. Can she travel with me and my husband on an e visitor visa or under my student visa ?

    • admin says:

      Hi Ashlen,
      Thanks for your comment.
      It’s not compulsory for your child to apply for citizenship by descent. She can travel to Australia prior to citizenship with another visa (e.g. E-Visitor).
      Feel free to contact us at [email protected] if you’d like our assistance.
      Kind regards,
      Hannan Tew

  • Farhana Akthar says:

    Hi my daughter was born in Australia in 2002 and she has a birth certificate from Australia. At that time I was in a student visa. Then I went back to my country in 2004. Later on again I came to Australia for study and my daughter stayed with us for more than 2 years (2010-12). We got PR in 2014. Now our PR completed only 1 and half years. Can my child get a residency exemption as she was born here to apply for Aus Citizenship?

    • admin says:

      Hi Farhana,
      Thanks for your comment.
      Unfortunately citizenship requirements generally do not have residency exemption on the basis of your child being born here.
      Feel free to contact us at [email protected] if you require further assistance.
      Kind regards,
      Hannan Tew

  • Angela Mae Orca Harmer says:

    Good day! I’m messaging in hope that you can help or answer me with my questions. I am A Filipino Citizen with a 1 year old daughter who acquired her Australian Citizen by descent last year (March). She have both Philippine passport and Australian Passport. We were supposed to Visit her father last year when my tourist visa was granted but because of Covid we had to wait for the restrictions and travel ban to ease. I already booked a return flight this January 24- April and will be getting her an ECC-A before the flight. Will I have a problem at the Immigration because she’s going to use her Australian Passport. Before I applied for my tourist visa my husband called the Australian Immigration in Australia and asked if I need to put her in my application,they said that I don’t need to because she’s already an Australian Citizen and has Australian Passport. I hope you can answer me. Thank you and I’m hoping for your kind response. Have a good day!

  • Caleb Kiely says:

    Hello,
    I am an Australian citizen who is married to a German citizen (she has been granted an Australian permanent residency visa) and we have an almost 3 year old daughter.
    Before we sent off the application for my wifes permanent recidency visa I sent an application for citizenship by descent for our daughter. Although my wifes application was approved, 8 months after applying for it my daughters application is still in processing. This is a problem as we would like to move to Australia mid-way through this year (2021).
    Is there any way we could bring her to Australia while her application is still in processing?

    • admin says:

      Hi Caleb,
      You will probably be able to bring your daughter over earlier with an e-Visitor visa (assuming she has a German passport) if it is urgent.
      However, ideally the citizenship application is processed prior to that as the e-Visitor visa might be granted with a limited stay period.
      Feel free to contact us at [email protected] if you require specific advice.
      Kind regards,
      Hannan Tew

  • Saad Mirza says:

    My wife and I are off shore permanent residency holders based on visa 189 and yet to travel to Australia.
    We recently had a baby outside of Australia and it appears I need to apply child 101 visa for the baby to enter Australia. Can it be applied online from immiaccount or does it have to be a paper application and to which address

  • Brad says:

    Hi,
    I am an Australian living in Singapore for the past 5 years. I have a 3.5 year old son who was born in Singapore and lived there his entire life but has Australian citizenship. His mother (who I am no longer with) is also based in Singapore but is US citizen. We all want to move to Australia, but I believe the wait times for contributory parent visa’s are 3 or 4 years, and to be eligible I believe the child or sponsor needs to be resident in Australia for the prior two years. I feel this is a catch 22 unless I move to Australia with my son and my ex spends the next 5 years back-and-forth on tourist visas? Am I missing something here?
    Thanks in advance for any help you can provide.

    • admin says:

      Hi Brad,
      That’s right only “settled” Australians can sponsor on parent visas.
      She can consider alternative visas to Australia but I assume the Partner visa is not feasible as you are separated. In this case the long term Visitor visas may be the best approach (but this wouldn’t have things like work rights).
      Feel free to shoot us an email at [email protected] if you’d like to discuss this further.
      Kind regards,
      Hannan Tew

  • Bunu khatri says:

    Hi ,
    I am an Australian citizen and my husband is permanent resident in Australia and citizen of different country . We had a baby and We don’t want to make our baby a citizen of Australia, we just want to make him permanent resident only .
    Which form should I fill in ? Is it possible to apply only PR for my baby not citizen?

    • admin says:

      Hi Bunu,
      I’m assuming you’re overseas (otherwise the child would have automatically been a citizen).
      If overseas, you can choose to apply for a Child visa offshore which would eventually grant permanent residence, and maintain residence through RRVs.
      Feel free to get in touch if you’d like our assistance.
      Kind regards,
      Hannan Tew

  • good morning
    i am mitesh patel my baby born in australia that time ihave student visa some medical condicton my helth is not good so i send my baby to my country 3year and they come back in australia so after 10 brith day i can qapply citizen ship my baby please give me reply now iam holding protencesn visa subclsas 866
    thanks give nme reply soon as soon posible thank

  • Rupinder says:

    Me and my husband is living in Australia , and I m on a student visa . I have born a baby girl last year . Would she be citizen by birth? What about us would get Pr as on her basis in near future?

    • admin says:

      Hi Rupinder,
      If you are a student visa holder then your child will ordinarily get the same visa as you.
      To consider your PR eligibility, feel free to shoot us an email at [email protected]
      Kind regards,
      Hannan Tew

      • Rupinder says:

        What about after 10 years later on status for my child ? We don’t able to get PR
        .? As u know it every year in July visa rules n conditions does changes ?

  • Kristina says:

    We have lodged a citizenship by descent application for my son and he is currently in Australia on a 3 month vistor visa (subclass 601). His citizenship may not be approved in time before the travel visa expires. Is there a way to extend his visa (for example with a bridging visa) or do we need to apply for a different type of visa so he can stay beyond 3 months?

    • admin says:

      Hi Kristina,
      There’s no extension visas in Australia so you do need to apply for a further visa for him to stay (which could grant a Bridging Visa).
      Options might be the Covid 408 visa, the Visitor visa, or a Child visa.
      Feel free to contact us at [email protected] if you’d like to discuss.
      Kind regards,
      Hannan Tew

  • alek says:

    Hi, My parents came to Australia with a DFTTA and 10 days later I was born and at that time they weren’t citizens. They got citizenship 2 years later but I didn’t get one or my name wasn’t at the back. Do I need one to work in Australia as it says for a right to work you need a Australian birth certificate which I have and evidence your parents were permanent resident or citizens. So do I need to apply for a citizenship I also heard that On a condition that the child was born in Australia and has lived in Australia for 10 consecutive years, the child may automatically acquire an Australian citizenship on his/her 10th birthday regardless of the parents’ citizenship or immigration status is this correct. Thanks

    • admin says:

      Hi Alek,
      If your parents came to Australia on a permanent visa, you might have automatically obtained citizenship in which case you can obtain a proof of citizenship certificate.
      You might also be able to apply for proof of citizenship if you were born in Australia on or after 20 August 1986, and you were ordinarily resident in Australia for the first 10 years after you were born.
      Feel free to contact us at [email protected] if you’d like to discuss your specific situation in more detial.
      Kind regards,
      Hannan Tew

  • Velma Apo Aua says:

    Hi, I have two daughters who were born in Papua New Guinea and I am their mother who is an Australian citizen at the time of birth and I am trying my best to bring them to Australia and it’s been two years now. As a mother what are my rights?

  • Andrea says:

    Hello!
    My situation: I’m pregnant of an Australian Citizen (we are not a couple), my baby is due in December 2021 and I have Student Visa 500 until March 2022.
    I know that my baby, is going to be Australian by birth, but my question is, what is going to happen with my visa status? I have no interest to marry the guy or so, I just want to stay here with my baby (I’ve been living in Australia for 4 years now).

    Thanks a lot!

  • Shania says:

    Hi!

    I had my daughter in Australia in October 2020. My partner and I are NZ citizens, therefore we fall under the Protected SCV visa holder. I was wanting to apply for an Australian passport for my daughter so we can travel back to nz. I have her birth certificate. Am I able to apply for a passport or does she need an Australian citizenship certificate? As far as I am aware, she was an Australian citizen by birth as both my partner and I are permanent residence in Australia due to the trans-tasman agreement. Would I need to apply for a citizenship for my daughter or can I just apply for her passport?

    Thank you!!

  • Hi, Me and my wife are permanent residents of australia (189) and are currently residing outside Australia – My wife is expecting a baby by end of this year (Dec 2021), and we intend to travel to Australia soon after the child’s birth (the mother was advised not to travel in this stage owing to medical reasons).
    We know that we can apply for Subclass 101 Child Visa for the baby, however, that would take about 20-24 months of processing time, and our PR travel exemption is valid only until Mar 2023.
    Therefore, literally it is risky to be applying for a Child Visa (101) and then travel, as we might end up not being able to travel itself.
    Alternatively, we understand that we might be able to take a Visit Visa for the baby, and then apply for Subclass 802 Child Visa while in Australia.
    Can you kindly suggest as to whether this is the best alternative way, or is there any other way to bring the child to australia along with us ?

    Also, can you clarify below?
    1. Whether it would be possible to apply for a visit visa for the baby in Australian Embassy in India in this COVID timelines?
    2. Whether the baby can actually travel along with the PR parents to Australia on visit visa, on compassionate grounds?
    3. say, the baby was issued 6 months of visit visa, would it be possible to apply for 802 subclass visa immediately once we land there?
    4. Since no average processing time is mentioned for 802 visa, can it be fast tracked to be issued before the visit visa duration expires ?
    5. In case the visit visa duration expires, based on the 802 bridging visa applied, can the baby continue to stay in the country until the visa is issued ?

    Eagerly Looking Forward for a quick and positive response in this regard.

  • Anju says:

    Hi,

    We both parents are Australian permanent residents and we had our baby born here in Australia. So how did I notify the department to get him the citizenship (We have his birth certificate and did not apply for an Australian passport)?

    • admin says:

      Hi Anju,
      Your baby is likely automatically an Australian citizen.
      You’ll need to get evidence of this through here: https://immi.homeaffairs.gov.au/citizenship/certificate/get-a-certificate
      Good luck,
      Hannan Tew

      • Liv says:

        Hello
        First of all, thank you for all this information and answering all these questions!
        I am a dual Danish/Australian citizen, came to Denmark to spend time with a very sick family member and have had my baby here in March. He has Danish citizenship and a passport now, my husband had to go back to Australia in March as he works for the ADF Air Force, we would like to go back home as well and we have applied for a eVisitor visa and plan to apply for his citizenship by decent once we get there but currently the processing times are 5 months on the visitor visa. We applied in April and it said 3 months wait, what can we do to help the process what are our options? We have a ticket booked for the 1st of July. Do you have any experience with the processing time of these visitor visas at the moment? Thank you in advance,
        Liv

  • Anna Jakubowski says:

    I am Australian born to two migrants who both had temporary visas, I was conceived in Greece to a man who is not the name on my birth certificate. What is my status when I don’t know my foreign biological father and my mother’s origin is Polish? I’m 34 and I’ve never left Australia.

    • admin says:

      Hi Anna,
      You might actually be Australian since children born in Australia on or after 20 August 1986, who did not acquire Australian citizenship at birth, automatically acquire it if they have been ordinarily resident in Australia for ten years. If this is the case, you can apply to the Department for a proof of citizenship certificate. Feel free to contact us at [email protected] for further information.
      Kind regards,
      Hannan Tew

  • Benna says:

    Hi . I am a bridging visa holder . I want to ask if im pregnant and will give birth in australia . Did i should cover all the hospital bill by myself ? And let say i will stay here for long time . How about my child school is it free or i should pay all by myself ? Thank you

  • Charlotte says:

    Hi, my husband is an Australian citizen and my baby was born in the Philippines. Does my baby needs to stay in Australia to apply for citizenship by descent?

    • admin says:

      Hi Charlotte,
      The good news is that citizenship by descent applications can be made even if the child does not live in Australia.
      Feel free to contact us at [email protected] if you’d like assistance with this.
      All the best!
      Hannan Tew

  • Marilyn says:

    Hi,
    My child was born oversea and he already had an Australian passport. we’re planning to return to Australia soon. However this is the first time my child travel with his passport, is there any requirement that we need to do for him to enter Australia for the first time?
    Thanks and Regards,

  • Anoop says:

    Hi Team,
    I and my son (4 years old) are on Australian PR since Oct 2017. However due to some personal reasons and Covid travel restrictions I could not bring my child to Australia.
    I’m staying in Australian Since October 2018 and I will meet the Citizenship criteria by Oct 2022.
    So my question is – If I can get my child here in Australia by Nov 2021 then whether he will be eligible to apply for citizenship with me next year? (keeping in mind that my child does not meet the ‘4 years of stay in Australia’ criteria while applying for citizenship in oct 2022 )

    • admin says:

      Hi Anoop,
      Yes, generally your child can still be included as a dependent on your application for citizenship (even if they don’t meet the residence criteria).
      Good luck!
      Hannan Tew

  • Jerry says:

    Hi,
    At the time my baby was born I was PR
    But I’m citizen now.can I apply for citizen for my child?
    She is in overseas and under 2years
    Thanks

  • William says:

    Hi, I got my citizenship by descent in 2018, lived here in Australia for 2 years, are there any eligibility for my kids on residency or citizenship.

  • Alvin says:

    Hi,
    My wife and I are offshore permanent residency holders based on visa 124 and we have not made our initial entry to Australia yet.
    We recently had a baby outside of Australia. Is it possible for us to sponsor our child with visa 101 given that we haven’t entered Australia yet?
    Thanks

  • hi, I am an Australian citizen who lives overseas in Italy, who had a baby, I would like to come back to Australia for good. I had my baby through surrogacy. I am illegally separated from my husband for more than 2 years and he has no problem for my baby and me to move to Australia.. Can I apply in Australia for citizenship by descent? o another visa. I will apply for e visa for the baby to travel to Australia..Can u tell me my option? My baby has Italian citizenship now.

  • Anuska says:

    Hi i am currently in student visa (subclass 500) and i am pregnant with my boyfriend. My country doesn’t give citizenship without an evidence of marriage certificate. And my boyfriend is separated but yet to get divorced so its not possible for my child to get a citizenship of my country. I am thinking to send him back to my country applying one way travel document. And is it possible to bring him back when i get my citizenship? Is it possible to apply for my son’s passport when he is not here?

    • admin says:

      Hi Anushka,
      Though we can’t comment on his eligibility for citizenship in your country, his citizenship by descent can be made as long as one of his parents are Australian citizens which may be possible even in cases where you aren’t married. So, if your boyfriend is an Australian citizen this still might be feasible.
      Feel free to contact us at [email protected] if you’d like further information.
      Kind regards,
      Hannan Tew

  • Saria Saad says:

    Hi. My husband is an Australian citizen. I gave birth to my baby overseas after I was granted partner visa subclass 100. I have not made the initial entry to Australia on partner visa 100 yet. Do I have to let immigration know about the child birth? If yes, then how? We have already applied for his citizenship by descent application. Thank you

    • admin says:

      Hi Saria,
      Firstly congratulations on your growing family.
      You don’t need to make any further notification to the Department (applying for citizenship by descent is sufficient).
      Good luck!
      Hannan Tew

      • Saria Saad says:

        Hi. Thank you for your reply.
        I had a double grant for subclass 309 and 100 partner visa while in my home country. I never been to Australia. My child was born after the double grant . My grant letter says to inform any changes to my circumstances including name,address, passport, contact details or family members through form 1022. Form 1022 states that it do not needs to be filled about changes if the visa was granted outside Australia and the visa holder is immigration cleared. Since I did not made the initial entry to Australia, I’m not yet immigration cleared.? So do I have to fill the form 1022 about my child birth.my husband already applied for his citizenship by descent application. Sorry for the long post

  • gina says:

    Hi, I recently applied for and was granted Australian Citizenship by descent. I also hold a New Zealand passport. Is there anyway my young children can get citizenship too? I had my kids before I got my citizenship by descent ( did not know it was possible! ). I have spent a couple of years in Australia previously, although not concurrently, as a child and as an adult. Thanks so much.

    • admin says:

      Hi Gina,
      Congratulations on your citizenship!
      If you did not include your children in your citizenship application, they may need to apply on their own (usually through conferral) since you were not an Australian citizen at the time of their birth.
      Feel free to contact us at [email protected] if you’d like to discuss this in more detail.
      Kind regards,
      Hannan Tew

  • Jack says:

    Hi Hannan Tew,

    My wife and I are both Australian citizens by birth, our son was born in Canada (1 yr old) and is now in Aus on an ETA visitor visa. We have applied for his citizenship by descent but is still being processed. His visitor visa is due to expire soon. Is this a concern or it is fine to wait for his citizenship to be processed?

    Regards,
    Aussie Dad

    • admin says:

      Hi Jack,
      Technically, being unlawful may not impact his citizenship application, but as a matter of practice, he should avoid becoming unlawful.
      As a matter of best practice, we would assist our clients to obtain a further visa to remain in Australia (e.g. an onshore Visitor visa).
      Feel free to contact one of our lawyers at [email protected] to discuss this further.
      Kind regards,
      Hannan Tew

  • Sherry says:

    We applied for protection visa subclass 866, back in 2018 and still waiting for the outcome. Mean while my child get Citizenship on 10th birthday. As my child, my wife and myself all of us applied for protection visa so after getting my child’s citizenship are we able to change our status by contacting the department of home affairs? or what would be the best option for us to get permanent status. we are bit confused Kindly assist us regarding this. Please tell if we have any option.
    Thanks

    • admin says:

      Hi Sherry,
      If you child is a citizen, you can consider parent visas (though this is quite expensive).
      If you do have a well founded fear of persecution then simply continuing with the Protection visa might still be appropriate.
      Given the advice depends on your individual circumstances, feel free to contact us at [email protected] to discuss further.
      Kind regards,
      Hannan Tew

  • Yasir Ali says:

    Hi Hannan Tew,

    I would like to ask that my wife and I are permanent residents, where I am going to receive Australian citizenship in near future, whereas my wife needs about 2 more years to get her Australian citizenship. My question is that we are planning to leave Australia for job reason and meanwhile, if we have had a child outside of Australia, will they be granted Australian citizenship? I am confused about this statement at home affairs website “Your parent will need to have spent at least 2 years lawfully in Australia before you apply if they became an Australian citizen”, that we, as parents, need to spend about 2 years as an Australia citizen, after that our children born outside will granted Australian citizenship? Your comments, please?

    • admin says:

      Hi Yasir,
      Generally speaking, that 2 year requirement is only required if you (the parents) became an Australian citizenship by descent or adoption. If not, your child can apply for citizenship by descent as long as one of the parents are Aan Australian citizen.
      Feel free to contact us at [email protected] if you require further information.
      Kind regards,
      Hannan Tew

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.