Many parents are unaware that a child born in Australia may automatically acquire Australian citizenship, even if neither parent was an Australian citizen or permanent resident at the time of the child’s birth.
Under section 12(1)(b) of the Australian Citizenship Act 2007, a child born in Australia automatically becomes an Australian citizen on their 10th birthday if they have ordinarily resided in Australia continuously since birth until turning 10 years of age.
Who Can Benefit?
This provision may apply to children who:
- Were born in Australia;
- Have lived continuously in Australia since birth;
- Have remained ordinarily resident in Australia until they reach 10 years of age; and
- Were not already Australian citizens at birth.
Importantly, the immigration status of the parents does not determine whether the child can become an Australian citizen under this provision. Parents may have held temporary visas, bridging visas, or even experienced periods of unlawful status, yet the child may still automatically acquire Australian citizenship provided the residence requirement is satisfied.
What Does “Ordinarily Resident” Mean?
A child does not necessarily need to have remained physically present in Australia every single day for the first 10 years of life. Short overseas trips, such as holidays or visits to family, will generally not prevent a child from being considered ordinarily resident in Australia.
However, lengthy absences or circumstances indicating that Australia was not the child’s usual place of residence may affect eligibility. Each case should be assessed based on its particular facts.
Is an Application Required?
Australian citizenship is acquired automatically on the child’s 10th birthday if the legislative requirements are met. There is no separate citizenship application process.
However, to obtain evidence of citizenship and apply for an Australian passport, the child will generally need to apply for:
- Evidence of Australian Citizenship; and
- An Australian passport.
Supporting documents demonstrating residence in Australia since birth may be required.
Why Professional Advice Is Important
Establishing that a child has been ordinarily resident in Australia for the first 10 years of life can sometimes be complex, particularly where there have been overseas absences or changes in visa status.
Obtaining professional advice can help families understand whether a child has automatically become an Australian citizen and assist with applications for Evidence of Citizenship and an Australian passport.
How VP Migration Advisory Can Help
At VP Migration Advisory, we provide advice and assistance regarding Australian citizenship matters, including:
- Assessing eligibility for automatic citizenship at age 10;
- Preparing applications for Evidence of Australian Citizenship;
- Advising on residence requirements and overseas absences; and
- Assisting families to secure proof of their child’s Australian citizenship status.
If you would like to discuss your child’s circumstances, please contact VP Migration Advisory for professional migration advice tailored to your family’s situation.
Disclaimer: This article provides general information only and does not constitute legal or Migration law advice. Individual circumstances vary, and professional advice should be sought before relying on this information.