Lyla Lindsey
Australia has had a complex and evolving legal relationship with the concept of citizenship. Before 1986, all babies born in Australia automatically became citizens. However, this is no longer the case. Now, a child born in Australia will only be granted citizenship if at least one of their parents is a citizen or permanent resident. Alternatively, if a child has been a resident of Australia for 10 consecutive years, they may automatically acquire citizenship on their 10th birthday, regardless of their parents' status. This change in legislation was due to concerns over unintended immigration and the perceived exploitation of nationality laws.
| Characteristics | Values |
|---|---|
| Date of birth | Before 20 August 1986: automatic citizenship |
| After 20 August 1986: citizenship if one parent is an Australian citizen or permanent resident | |
| After 20 August 1986: citizenship if ordinarily resident in Australia for 10 years | |
| Parent's citizenship status | Both parents are Australian citizens or permanent residents: child is an Australian citizen |
| One parent is an Australian citizen or permanent resident: child is an Australian citizen | |
| Both parents are on temporary or permanent visas: child has the same visa status | |
| One parent is on a temporary visa, and the other is on a permanent visa: child has a permanent visa | |
| Both parents are on visas, but one is temporary, and one is permanent: child acquires the 'best' visa status | |
| Both parents are temporary visa holders: child has the same visa status | |
| Passport | Australian passport can be applied for at birth if one parent is an Australian citizen |
| Visa | Visa can be attached to the child's passport |
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What You'll Learn
Australian citizenship laws
Birth in Australia
Prior to 1986, all babies born in Australia automatically became Australian citizens, regardless of their parents' nationalities. However, this is no longer the case. Now, when a child is born in Australia to non-citizen parents, their immigration status depends on their parents' visa status. If one or both parents are Australian citizens or permanent residents, the child automatically acquires Australian citizenship. In cases where both parents hold different types of visas, the child will be granted the 'best' visa status. For example, if one parent has a temporary visa and the other has a permanent visa, the child will be granted a permanent visa.
Pathways to Citizenship
Australian citizenship can be acquired through various pathways. Children born in Australia to New Zealand citizens since July 1, 2022, automatically receive Australian citizenship at birth. Additionally, foreign nationals may become eligible for citizenship after living in the country for at least four years, holding permanent residency for one year, and demonstrating proficiency in the English language.
Historical Context
Australia's citizenship laws have been shaped by its historical ties to the British Empire. After federation as a Dominion within the Empire in 1901, Australia gradually gained more autonomy and became an independent sovereign state. While Australian citizens were considered British subjects until 1969, this status was fully abolished in Australian law by 1984. Despite this change, Australians remain Commonwealth citizens under British law and retain certain rights when residing in the United Kingdom, including voting rights and the ability to serve in public office.
Applying for Citizenship
Individuals seeking Australian citizenship must meet specific criteria before applying. The process can vary depending on factors such as the applicant's country of origin, parental citizenship status, and length of residence in Australia. It is recommended to consult official government sources or seek legal advice for detailed information on eligibility requirements and the application process.
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Automatic citizenship for babies born before 1986
Before 1986, all babies born in Australia automatically became Australian citizens, regardless of their parents' immigration status. This rule changed after 20 August 1986, and today, when a child is born in Australia to non-citizen parents, their immigration status depends on their parents' visas. If one or both parents are Australian citizens or permanent residents, the child born in Australia automatically acquires Australian citizenship.
If a child is born in Australia to parents on temporary or permanent visas, the child is granted the same type of visa as their parents. In this case, the parents 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 hold different visas, the child will acquire the 'best' visa status. For example, if one parent has a temporary visa and the other has a permanent visa, the child will acquire a permanent visa.
If a child is born to non-citizen parents but is 'ordinarily resident' in Australia until the age of ten, they become eligible for citizenship. This means that Australia is the child's permanent home, even if they are temporarily absent. However, if the child is removed from Australia before their tenth birthday and loses their right to re-enter, they are no longer considered 'ordinarily resident' and are not eligible for citizenship. The children of foreign diplomats are also not considered 'ordinarily resident' for the purpose of obtaining citizenship.
The Grant of 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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Criteria for citizenship for babies born after 1986
Before 20 August 1986, all babies born in Australia automatically became Australian citizens, regardless of their parents' nationalities and immigration status. However, this birthright citizenship was ended on 20 August 1986, and new criteria for citizenship were established. Here are the criteria for citizenship for babies born in Australia after 1986:
At Least One Parent is an Australian Citizen or Permanent Resident
If one or both parents of a child born in Australia are Australian citizens or permanent residents, the child automatically acquires Australian citizenship. In such cases, the parents can immediately apply for an Australian passport for their newborn child.
Ordinary Residence in Australia Until the Age of Ten
If both parents are non-citizens, a child born in Australia can still become eligible for citizenship if they are 'ordinarily resident' in the country until they turn ten years old. This means that Australia is the child's regular home, even if they have temporary absences. The child may have dual citizenship with another country but must retain the right to re-enter Australia during any period of absence.
New Zealand Citizens and Permanent Residents
Since 1 July 2022, children born in Australia to New Zealand citizens have received Australian citizenship at birth. Additionally, New Zealand citizens who are permanent residents in Australia and hold a Skilled Independent (subclass 189) visa are eligible for Australian citizenship without further residence requirements.
Children of Separated Parents
If a person on a temporary visa has a child with an Australian citizen and they separate, the child holds Australian citizenship. However, the non-citizen parent does not automatically gain the right to stay in Australia and must apply for a permanent visa if they wish to remain with their child.
It is important to note that the information provided here is general, and each case may have unique circumstances. For specific legal advice, it is recommended to consult with immigration lawyers or professionals specializing in Australian citizenship and immigration law.
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Visa status of children born to temporary visa holders
The visa status of a child born in Australia to temporary visa holders depends on several factors. Firstly, if both parents hold the same type of temporary visa, the child will be granted the same visa status as their parents. In this case, the parents do not need to apply for a separate visa for the child, but they must inform the Department of Immigration to attach the visa to the child's passport. The child's visa will have the same expiry date as their parents' visas.
Secondly, if both parents are on visas but hold different types, 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 be granted a permanent visa.
Thirdly, if a child is born to non-citizen parents and is 'ordinarily resident' in Australia until the age of ten, they become eligible for Australian citizenship. To determine whether a child is 'ordinarily resident', the Department of Immigration considers factors such as the length of time the child has lived in Australia, their attendance at school, and their involvement in the community.
It is important to note that a child born in Australia does not automatically become an Australian citizen or permanent resident based solely on their place of birth. The child's immigration status is determined by the visa status of their parents, and in some cases, their length of residence in the country.
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Permanent residency requirements
To become a permanent resident of Australia, you must hold a current visa that allows you to live in Australia indefinitely. If a visa only allows the holder to stay for a specific time, as in the case of a student or work visa, a separate application for permanent residency is required.
Permanent residency in Australia confers many of the same rights as an Australian citizen, but there are some differences. Citizens have an automatic right of entry to Australia, but permanent residents must have a valid travel authority. Adult citizens have the right to vote, but adult permanent residents do not.
To be eligible for citizenship, an applicant must currently hold permanent residency in Australia, satisfy the residential requirements, and be of good character. The residential requirements include demonstrating that Australia is the applicant's home and that they spend most of their time in the country. This can be demonstrated through evidence such as owning property, having a formal rental agreement, or having immediate family living in Australia. It is important to note that simply owning assets or property in Australia does not automatically fulfil the residency requirement. The authorities will also consider how often the applicant travels overseas, the duration of their trips, and the purpose of their travel.
After applying for citizenship, applicants must undergo a citizenship test consisting of 20 questions, with a passing score of 75%. Once the application is approved, the applicant will attend a citizenship ceremony to pledge or affirm their loyalty and commitment to Australia.
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Frequently asked questions
Prior to 20 August 1986, all babies born in Australia automatically became Australian citizens. However, this is no longer the case. Today, a child born in Australia will receive citizenship at birth if at least one of their parents is an Australian citizen or permanent resident.
In this case, the child will be granted the same type of visa as their parents. The parents must notify the Department of Home Affairs once they have the child's birth certificate and passport so that a visa can be attached to the child's passport.
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.
Yes, if the child has been 'ordinarily resident' in Australia for 10 consecutive years, they will automatically acquire Australian citizenship on their 10th birthday. To be considered 'ordinarily resident', the child must meet certain requirements, including the length of time they have lived in Australia, whether they consider Australia to be their home, and the nature and extent of their ties to the country.
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