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Citizenship Regulations for Children Born in Australia

Persons, who are not Australian citizens and have a child that was born in Australia, are eligible for citizenship under certain conditions. As per the immigration department; the Australia-born Children in on or after 20 August 1986, who failed to acquire Australian citizenship at birth, will acquire it automatically, if they were ordinarily residing, in the country, throughout the ten years, commencing from the day of their birth. The child will become an Australian citizen on reaching the tenth birthday. It is regardless of the migration status parents. The child need not be in Australia on the tenth birthday. There are attempts to consider the legal status of the parents but there was no approval in this matter.

Rules of ordinarily residing

• The child must be ordinarily resident in Australia and must be in the child’s regular home. The Department of Immigration and Border Protection will inspect: • The tenure of physical residence in the country, • the applicant must consider Australia his/her home, • The nature and tenure of any absence from Australia retaining the right of reentering Australia during the period of absence by the applicant, • The nature of ties with Australia like family presence, school attendance, and club memberships. If the child was removed from Australia under the Migration Act before reaching the tenth birthday, they will not be considered as ordinarily residing in Australia.

Temporary absences

Temporary absences like holidays will not mean that Australia is not the permanent place of residence of the child.

Permanent removal / absence

A person, who was removed from Australia and was denied the right to return before the tenth birthday, cannot claim eligibility for citizenship.

Children born to foreign diplomats

Moreover, children born in Australia after 25th November 1952 to foreign diplomats are not ordinarily residents for obtaining citizenship.

Applying for child’s citizenship

Applications for a citizenship Certificate for a child, in an age lower than 16 years, must be forwarded by parents. These parents must have a lawful responsibility, for the child. Applications for a citizenship Certificate can be made online, or by using paper submission, by paying a fee of $190. The set of documents are: • A correct and complete identity declaration and a correct endorsed passport size photograph of the child, • The identity document showing a photograph and name of the child on a passport • The full birth certificate, showing parental information, • Identification documents of parents with signature, photograph and present address • Any order relating to the custody/responsibility of the child, • If a child is adopted overseas, (or within Australia) but did not take Australian citizenship, the original adoption order, recognition/verification/ confirmation of the adoption order or proof of adoption under Australian law should be provided • Evidence of status of parents at the time of the birth • Evidence of the child’s residence in Australia for the past ten years since birth, like passport, immunization certificates, baptism certificate, school report, bank records or club membership, • In case of change of name, evidence/ documentation to be provided, Finally the documents that are not present in English should be translated to English by an accredited translator.

The Benefits of an Australian Citizen Child

The benefit a having a child as an Australian citizen opens the door to apply for a Parent 143 visa application.

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