Does Citizenship in Australia Automatically Pass to Children Born to Migrants?

It is frequently believed that children born abroad automatically qualify as citizens. Not yet, though! This isn’t always the case, and Australia is one place where it most definitely isn’t.

The sort of visa or status you were holding at the time of your child’s birth will determine whether or not they automatically acquire Australian citizenship.

Children born in Australia who have at least one citizen or permanent resident parent

If either you or your partner are citizens or permanent residents of Australia, the child automatically acquires Australian citizenship when they are born. Following the issuance of your child’s birth certificate, you can submit a passport application.

Children of long-term residents and Australian citizens

If both of you are permanent residents, your kid will be granted citizenship under Australian law.

Children born to permanent residents who live abroad

Australian citizenship is not automatically granted to children born abroad to permanent residents, whether one or both parents are Australian citizens. Additionally, these kids are not eligible for citizenship by descent.

Instead, you’ll need to submit an application for your child’s permanent visa. Your child is free to enter and live in Australia once they have their visa.

Given that the majority of children born outside of Australia to parents who are permanent residents must submit an application for this visa, the visa in issue is probably the Child Visa (subclass 101).

Children born to parents with visas in Australia

Your child will technically have the same type of visa if you and your spouse both have one and are lawfully present in Australia. Despite the fact that you are not need to apply for your child’s visa, you must nevertheless notify the Department of Home Affairs of the birth of your child in order for a visa to be added to their passport.

When it comes to acquiring permanent residency, your child will do so concurrently with you. Additionally, it’s crucial to remember that children born in Australia who have temporary visas and have been there for 10 years straight are qualified to seek for Australian citizenship.

Failure to inform the Department of your child’s arrival could result in issues. especially if you take your child on a visa-free trip outside of Australia. The ideal principle? After the birth of your child, get in touch with the Department as soon as you can!