Do Children Born in Australia Get Australian Citizenship Automatically?

Generally, A child born in Australia can obtain Australian citizenship, but the eligibility to get Australian Citizenship depends on the immigration status of the child’s parents.

Historically, children born in Australia, with a birth certificate issued in Australia, are automatically Australian citizens or Australian permanent residents (PR). However, this rule had changed and no longer existed after 20 August 1986. This article will lead you through the rules to apply for Australian Citizenship for babies who are born in Australia.

What is the Current Rule for Children to be Granted Australian Citizenship?

There are a few different scenarios for Australian Citizenship for children born in Australia:

1. Automatic Citizenship Grant Before August 1986

   Prior to 20 August 1986, all babies born in Australia automatically became Australian citizens, regardless of their parents’ immigration status.

2. Current Australian Citizenship Eligibility Criteria for Australian Citizenship for Children

   After the law change on 20 August 1986, children born in Australia can become Australian citizens if they meet one of the following conditions: 

   • Parent Citizenship or Permanent Residency (PR)

     • If one or both parents are Australian citizens or permanent residents (PR) at the time of the child’s birth, the child will be considered an Australian citizen. 

     • This entitlement also applies to babies born outside of Australia, provided at least one parent is an Australian citizen. 

     • If a baby is born outside Australia and neither parent is an Australian citizen but one is a permanent resident (PR), the baby can apply for permanent residency (PR) through a Child visa (subclass 101 or subclass 802).

   • The Ordinary Residence – also known as the “ten-year rule”

     • If a child is born in Australia and has been living most of their lives as an ordinarily resident in Australia from birth until they turn 10 years old, they may automatically acquire Australian citizenship on their 10th birthday, regardless of their parent’s citizenship or immigration status. 

     • To determine if the child satisfies the ordinarily resident requirement, they must meet the following definition: 

       • The child has a home in Australia.

       • Australia is the country of their permanent abode, even if they are temporarily absent. 

     • However, a child is not considered ordinarily resident if they are residing in Australia for a special or temporary purpose only.

What does Special or Temporary Absence Mean for Children's Australian Citizenship? 

• Definition: A special or temporary absence refers to situations where a child may still be considered a resident of Australia during their absence. 

• Accompanying Parents: If a child accompanies their mother (or responsible parent) wherever she travels from birth to the child’s 10th birthday, the mother’s movements will be taken into account when assessing the child’s residency. 

• Examples of Absences: 

  • Medical Treatment: Absences for medical treatment are typically considered special or temporary, provided there is a firm intention to return to Australia. 

  • Short Overseas Holidays: For example – medical treatment and short trips abroad for holidays are considered temporary. 

• Non-Ordinary Residency: A child who has been removed from Australia and does not retain the right to re-enter will not be considered ordinarily resident, even if they spent most of their early years in Australia. 

What if the Parents are on Temporary Visas for Children Who Are Born In Australia? 

• If at least one parent holds a temporary visa, the child is considered to have been granted the same visa as their parent(s). 

• Parents are not required to apply for a visa for the child, but they must notify the Department of Home Affairs as soon as the child’s birth certificate and passport are available so that a visa can be attached to the child’s passport.

How Can Agape Henry Crux Help You?

Understanding the eligibility criteria for Australian citizenship, including the implications of residency and absences, is crucial for parents seeking citizenship for their children. The definition of ordinary residence and the treatment of special or temporary absences can significantly affect a child's citizenship status. You can book a Migration Planning Session with one of our immigration lawyers or Accredited Specialist(s) in Immigration Law to seek professional advice by calling 02-8310-5230 or emailing us to book a time at info@ahclawyers.com.

We speak fluent English, Mandarin, Cantonese and Malay. If these aren’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.