If an Australian permanent resident (PR) has a child overseas, the child does not automatically acquire Australian citizenship or visa.
This differs from a child born in Australia to a PR, who may acquire citizenship by birth if at least one parent is a PR or citizen at the time.
Available Options to bring your child back to Australia
1 – Child Visa (Subclass 101)
This visa lets a child outside Australia move to Australia to live with their parents. This is the most common visa for children born overseas to Australian PRs:
With this visa the child can
- stay in Australia indefinitely
- work and study in Australia
- enrol in Australia’s public healthcare scheme, Medicare
- sponsor relatives to come to Australia
- attend free English language classes provided by the Adult Migrant English Program, if eligible
- apply for Australian citizenship, if eligible
Key requirements
- The child must be be outside Australia when the application is made.
- The child must be under 18 (or dependent and under 25 if a full-time student);
- Must be sponsored by the parent who is an Australian PR or citizen;
- The child must not be married, engaged, or in a de facto relationship.
2 – If parents hold temporary visas
If the parents are not PRs or citizens (e.g., holding temporary visas), the child will need to be added as a dependent on the parent’s visa application or apply for a separate dependent visa.
The requirements vary depending on the specific visa, contact us to book a consultation with migration agent for detailed advice.
Important Notes
-
No automatic citizenship for children born overseas to PRs
Citizenship by descent is only available where at least one parent is an Australian citizen at the time of the child’s birth. -
Child visa processing times can be lengthy
Subclass 101 visa applications often take 21 – 27 months to process, so families should plan accordingly.
Short-term travel option
If urgent travel is required before a child visa is granted:
- The child may apply for a Visitor visa (Subclass 600), but approval is not guaranteed and the usual visitor visa conditions apply.
- Book with Australian migration agent
Summary Table
| Parent’s Status | Child born overseas |
|---|---|
| Australian citizen | Can apply for citizenship by descent directly |
| Australian permanent resident | Can apply for Child visa 101 for child to return to Australia |
| Temporary visa holder | Child can be added as a dependent on parent’s visa |
What is the processing time?
From date of application to decision, the standard processing time for citizenship by descent is 21 – 27 months. However, note that they may be delays due to the Department’s backlog in applications.
To be granted this visa, an adopted child must have been adopted before they turned 18 by a parent who was not an Australian citizen, permanent resident or eligible New Zealand citizen at the time of adoption.
A child adopted before they turned 18 by a parent who was already an Australian citizen, permanent visa holder or eligible New Zealand citizen at the time of adoption might be eligible for an Adoption visa (subclass 102).
If at least one parent is an Australian citizen
If the child born overseas, at least one parents is an Australian citizen. The child does NOT automatically acquire Australian citizenship or a visa.
The parent need apply for citizenship by descent for their child, and upon approval, the child becomes an Australian citizen and can then apply for an Australian passport to return to Australia as a citizen.
Australian child born overseas
Have been ordinarily resident in Australia from the day of their birth until they become 10 years old
On a condition that the child was born in Australia and has been ordinarily resident in Australia for 10 consecutive years, the child may automatically acquire an Australian citizenship on his/her 10th birthday regardless of the parents’ citizenship or immigration status. To find out if the child satisfies the ordinarily resident requirement, the child needs to meet the definition of ordinarily resident:
- He or she has his or her home in that country; or
- That country is the country of his or her permanent abode even if he or she is temporarily absent from that country
However, the person is taken not to be so resident if he or she resides in that country for a special or temporary purpose only.
Australian PRs planning to have a child overseas should carefully plan ahead to arrange a visa for their child before returning to Australia. Consulting a registered migration agent can help ensure a smooth process.
Contact us today to talk with our Registered Migration Agents and Lawyers in Melbourne to find more about your visa options.
