When an Australian citizen welcomes a child born overseas, key questions are:
- What will be the child’s status under Australian immigration and citizenship law?
- What visa or passport should this child use to return to Australia?
The child may be eligible for Australian citizenship by descent under the Australian Citizenship Act 2007.
This is NOT automatic: the parent must apply for citizenship by descent, and upon approval, the child becomes an Australian citizen and can then apply for an Australian passport to return to Australia as a citizen.
Apply for Australian Citizenship by descent for your children
Children could be eligible for Australian citizenship by descent if they were born outside Australia and one (or both) of their parents at the time of the birth was also an Australian citizen at that time.
Please note, from 1 July 2025, the application fee for Citizenship by descent is AU$370 (and AU$150 for second and each subsequent sibling applying at the same time)
The minimum requirements for citizenship by descent are set out below. These requirements apply to most applications; however please note that depending upon the particular circumstances, your children may be subject to other criteria:
Eligibility
1. Children born outside Australia on or after 26 January 1949
Your children may be eligible if they were born outside Australia and one or both of their parents at the time of the birth, was also an Australian citizen.
If the parent became an Australian citizen:
- by descent, or
- by adoption outside Australia under the Hague Convention on Intercountry Adoption or bilateral arrangement.
2. Children born outside Australia through an international surrogacy arrangement
Booking with us if your circumstance apply to this situation – Book a Consultation
3. Children are 18 years or over.
If you children are 18 years old or over at the time the application, she/he must be of good character.
Good character is the ‘enduring moral qualities of a person’.
Are they eligible for Australian Citizenship? Book a time with our migration agent to learn how to apply.
When is citizenship by descent not suitable for your children?
- People born in the External Territory of Papua prior to 16 September 1975 are not eligible for Australian citizenship by descent before they were born in Australia (was considered part of Australia),
- If the parent has ceased to hold Australian citizenship at the time of the child birth, the child is not eligible for this pathway.
Reasons citizenship can be refused?
The Department of Immigration may refuse an application for citizenship on the following criteria not satisfied:
- People identity cannot be established;
- People represent a national security risk;
- People are unable to satisfy the general or special residence requirements and they are not eligible for an exemption;
- People have pending criminal matters or they are found not to be of good character; or
- People have renounced their Australian citizenship within the last 12 months. This does not apply, however, if they are at risk of becoming stateless.
Applications for appeal can be made to the Administrative Appeals Tribunal within the specified timeframes indicated on the refusal letter.
Booking with our migration lawyer/agent if you need further advice – Book a Consultation
What is the processing time?
From date of application to decision, the standard processing time for citizenship by descent is 3 – 5 months. However, note that they may be delays due to the Department’s backlog in applications. Unlike citizenship by conferral, people are not required to attend the Citizenship ceremony.
If the child is adopted outside Australia by an Australian parent under the Hague Convention or a bilateral agreement, he/she can apply to become an Australian citizen by adoption. Read more here.
If at least one parent is a permanent resident (PR), not Australian citizen:
The child does NOT automatically acquire Australian citizenship or a visa.
The child will need to apply for a visa before travelling to Australia.
Examples:
- Apply for a Child (Subclass 101) visa for permanent residence.
- Include the child as a dependent in a pending Partner visa application if applicable.
- Visitor visa for temporary stay.
Contact us today to talk with our Registered Migration Agents and Lawyers in Melbourne to find more about your visa options.
