childCitizenship

What’s the status of children born to Australian citizens, permanent residents, or temporary visa holders?

By January 22, 2020 No 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. The below article provides a useful summary.

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.

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.

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 usually the Department needs to be notified).

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.

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.

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.

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

 

Temporary visa holder at birth
Born outside of Australia
Citizen by descentNo 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.

Leave a Reply