Not all children born or raised in Australia automatically become citizens. Citizenship laws can be complex, especially when parents hold temporary visas or were overseas at the time of birth. This post explains the key ways children can acquire Australian citizenship whether by birth, descent, or conferral.
1. Children Born in Australia to Australian Citizens or Permanent Residents
If at least one parent is an Australian citizen or permanent resident at the time of the child’s birth, the child automatically becomes an Australian citizen by birth.
✅ You do not need to apply for citizenship.
✅ You can apply directly for an Australian passport.
2. Children Born in Australia to Temporary Visa Holders
Children born in Australia to parents who only hold temporary visas (such as student, skilled, or bridging visas) do not automatically become Australian citizens at birth.
However, there’s a special rule:
🔹 If the child lives in Australia until their 10th birthday, they automatically become an Australian citizen on their 10th birthday—regardless of the parents’ visa status.
This is known as the “10-year rule” under section 12 of the Australian Citizenship Act 2007.
➡ To prove citizenship, you must apply for evidence of Australian citizenship before applying for a passport.
3. Citizenship by Descent (Children Born Overseas)
Children born outside Australia to at least one Australian citizen parent can acquire citizenship by descent if:
- The parent was an Australian citizen at the time of the child’s birth, and
- The parent was either born in Australia or acquired citizenship themselves
You’ll need to apply for citizenship by descent, provide proof of parent’s citizenship, and the child’s birth certificate.
📌 If the parent was also born overseas, additional evidence of connection to Australia may be required.
4. Citizenship by Conferral (Children Applying With a Parent)
Children under 16 can apply for Australian citizenship with a parent or on their own, provided:
- They are permanent residents; and
- The responsible parent is also applying or is already an Australian citizen
There is no residency requirement for children under 16. The application is assessed based on the child’s connection to Australia and the family’s circumstances.
🟢 If the parent is eligible and applying for citizenship, it’s often best to include the child in the same application.
5. Stateless Children Born in Australia
A child born in Australia who is not eligible for any other country’s citizenship may be entitled to Australian citizenship even if their parents are on temporary visas.
This is based on section 12(3) of the Citizenship Act and aligns with Australia’s obligations under the 1954 Convention relating to the Status of Stateless Persons.
📌 These cases are fact-specific and often require evidence of citizenship refusal from both parents’ countries. Legal advice is recommended.
Final Thoughts
Children may acquire Australian citizenship through various pathways—but each route depends on the parents’ visa or citizenship status, place of birth, and sometimes length of residence. If your child isn’t automatically a citizen, there may still be a solution through conferral or descent.
In our next post, we’ll look at what happens after applying for citizenship, including the test, interview, and ceremony.
Thinking of Applying for Australian Citizenship?
At Aurelia Legal, we guide permanent residents through the Australian citizenship process. Whether you need help understanding the residency requirement, gathering documents, or responding to a request from the Department, we’re here to provide clear, practical advice.
(03) 9125 8820
info@aurelialegal.com.au
Disclaimer: This blog is for general information only and does not constitute legal advice. Please seek advice tailored to your specific circumstances.