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Australia has a complex set of laws governing citizenship. Prior to 1986, all babies born in Australia automatically became citizens. However, this is no longer the case. Today, a child born in Australia will acquire citizenship by birth if one of their parents is an Australian citizen or a permanent resident. Additionally, children born in Australia to New Zealand citizens since July 1, 2022, are also granted Australian citizenship at birth. In certain cases, a child may become a citizen if they have resided in the country for 10 consecutive years, regardless of their parents' immigration status. Furthermore, the visa status of the parents also plays a role in determining the child's citizenship or visa type.
| Characteristics | Values |
|---|---|
| Date of birth | Before 20 August 1986: Automatic citizenship |
| After 20 August 1986: Citizenship if ordinarily resident for 10 years | |
| After 1 July 2022: Children born to New Zealand citizens receive citizenship | |
| Parent's citizenship | One parent must be an Australian citizen or permanent resident |
| Visa status | Child inherits visa status of parents |
| Passport | Australian passport required for Australian citizens |
| Application process | No separate application needed for citizenship by birth |
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What You'll Learn
Australian citizenship by descent
Since 20 August 1986, being born in Australia does not automatically make a child an Australian citizen. However, there are several ways in which a person can become an Australian citizen. One way is through citizenship by descent.
To apply for Australian citizenship by descent, the parent must provide the child's birth certificate and other required documents to the Australian embassy in the country of the child's birth. The process typically takes around eight weeks, after which the child will be recognised as an Australian citizen.
It is important to note that the requirements and procedures for Australian citizenship by descent may vary depending on the specific circumstances and the country in which the child was born. Therefore, it is always advisable to contact the nearest Australian embassy or consulate for detailed information and guidance on the application process.
In addition to citizenship by descent, Australia offers other pathways to citizenship, such as through birth in Australia to Australian citizen parents or permanent residents, or by meeting residency requirements and applying for citizenship by grant. Each pathway has its own specific criteria and processes that must be followed to obtain Australian citizenship.
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Australian citizenship for NZ citizens
Since 20 August 1986, being born in Australia does not automatically make a child an Australian citizen unless one of the parents is an Australian citizen or a permanent resident. In this case, the child will be considered an Australian citizen. If the baby is born outside of Australia and one of the parents is an Australian citizen, the baby will also be considered an Australian citizen.
NZ citizens who have been living in Australia for four years or more are eligible to apply directly for Australian citizenship as of 1 July 2023. Previously, NZ citizens were required to first obtain permanent residency before applying for Australian citizenship. NZ citizens who hold a Special Category Visa (SCV) (subclass 444) can live, study, and work in Australia indefinitely, but it is technically a temporary visa.
NZ citizens who are eligible for Australian citizenship can apply through the Australian Government Department of Home Affairs. There are additional criteria to be met, including requirements for residence and good character. If successful, the applicant becomes a ''dual national', holding citizenship and the full benefits of citizenship in both countries.
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Australian citizenship for foreign diplomats' children
Before 1986, all babies born in Australia automatically became Australian citizens. However, this is no longer the case. Today, when a child is born in Australia to parents who are non-citizens, the child's immigration status depends on the type of visa or status that the parents hold. If both parents are on temporary or permanent visas, the child will be granted the same type of visa as the parents. In this case, the parents do not need to apply for a visa for the child, but they must contact the Department of Immigration to attach the visa to the child's passport. When the parents move from a temporary to a permanent visa, the child's status changes as well. If the parents each hold a different type of visa, the child will acquire the 'best' visa status. For example, if one parent holds a temporary visa and the other holds a permanent visa, the child will acquire a permanent visa.
If a child is born to parents who are not citizens and is 'ordinarily resident' in Australia until the age of ten, the child becomes eligible for citizenship at the age of ten. However, this does not apply to the children of foreign diplomats, who cannot be considered 'ordinarily resident' in Australia for the purpose of obtaining citizenship, even if they have spent their first ten years in the country. In such cases, an application for citizenship must be made by a responsible parent or guardian, regardless of whether they are the child's biological parent. The application can be made online or on paper.
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Australian citizenship for children of temp visa holders
Before 1986, all babies born in Australia automatically became Australian citizens. However, this is no longer the case. Today, when a child is born in Australia to non-citizen parents, their immigration status depends on their parents' visa or status. This change was due to the increasing number of short-term visa holders in the country.
If a child is born in Australia to parents with temporary visas, the child is considered to have been granted the same type of visa as their parents. In this case, the parents do not need to apply for a separate visa for the child. However, they must contact the Department of Immigration to attach the visa to the child's passport. When the parents transition from a temporary to a permanent visa, the child's visa status is upgraded as well. If the parents hold different types of visas, the child will be granted the 'best' visa status. For example, if one parent holds a temporary visa and the other holds a permanent visa, the child will be granted a permanent visa.
Children of foreign diplomats are not considered ordinarily resident in Australia for the purpose of obtaining citizenship, even if they have spent their first ten years in the country.
If a child with at least one parent holding a temporary visa has been ordinarily resident in Australia for ten consecutive years, they may automatically acquire Australian citizenship on their tenth birthday, regardless of their parents' citizenship or immigration status.
There are several pathways to Australian citizenship for children born outside of Australia. If one parent is an Australian citizen, the child is considered an Australian citizen. If the child is born outside of Australia and neither parent is an Australian citizen but holds a permanent residency visa, the child may be eligible for permanent residency by applying for a Child Visa (subclass 101 or 802). Additionally, the New Zealand stream visa allows visa holders to access permanent residence benefits, including automatic acquisition of Australian citizenship for their children born in Australia.
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Australian citizenship for children of permanent residents
Before 1986, all babies born in Australia automatically became Australian citizens, regardless of their parents' immigration status. However, this automatic birthright was revoked after that date. Now, when a child is born in Australia to non-citizen parents, their immigration status depends on the type of visa their parents hold.
If one or both parents are Australian citizens or permanent residents, a child born in Australia automatically acquires Australian citizenship. In this case, parents can immediately apply for an Australian passport for their newborn child. If both parents are permanent residents, the child will become an Australian citizen before they do. Having an Australian citizen child also provides a pathway for parents to apply for a Contributory Parent 143 Visa.
If a child is born in Australia to parents on temporary or permanent visas, the child will be granted the same type of visa as their parents. In this case, while the parents don't need to apply for a separate visa for the child, they must contact the Department of Immigration to attach the visa to the child's passport. When parents progress from a temporary to a permanent visa, so does the child. If parents are on different visas, the child will acquire the 'best' visa status. For example, if one parent is on a temporary visa and the other is on a permanent visa, the child will acquire a permanent visa.
If a child is born to parents who are not citizens, the child may still be eligible for citizenship if they have been ordinarily resident in Australia from birth until they are 10 years old. This means that Australia is the country of their permanent abode, even if they have been temporarily absent from the country. However, this does not apply to children of foreign diplomats.
In addition, if a person on a temporary visa has a baby with an Australian citizen and the parents separate, the child has citizenship, but the foreign parent does not automatically gain the right to stay in Australia. In this case, the non-citizen parent would have to apply for a permanent visa if they wish to remain in the country.
Finally, the Grant of New Zealand stream visas allows visa holders to access the automatic acquisition of Australian citizenship for their children born in Australia.
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Frequently asked questions
Prior to 20 August 1986, anyone born in Australia was automatically considered an Australian citizen. After this date, a child born in Australia will be granted the same type of visa as their parents. If one or both parents are Australian citizens or permanent residents, the child will automatically acquire Australian citizenship.
If the parents are not citizens or permanent residents, the child may still acquire citizenship if they have been ordinarily resident in Australia for 10 consecutive years. In this case, the child will become an Australian citizen on their 10th birthday.
If your child was born outside of Australia, they may still be eligible for Australian citizenship by descent if at least one parent was an Australian citizen at the time of their birth. However, this process requires an application.
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