3 Pathways to Australian Citizenship by Birth: What You Need to Know

Did you know that Australian citizenship can be acquired by birth under specific circumstances? Let’s break it down into three clear pathways, along with an exciting update that offers greater flexibility for families.

A. Born in Australia to an Australian Citizen or Permanent Resident Parent

If a child is born in Australia and at least one parent is an Australian citizen or permanent resident, the child is automatically an Australian citizen.

B. Born Outside Australia to an Australian Citizen Parent

Children born overseas to at least one Australian citizen parent can apply for Australian citizenship by descent. It’s a straightforward process, ensuring that Australian heritage passes to the next generation.

C. Born in Australia – The 10-Year Rule

For children born in Australia to parents who are not citizens or permanent residents, citizenship can still be granted. If the child has lived in Australia as their primary residence for the first 10 years of their life, they automatically become an Australian citizen on their 10th birthday.

REQUIREMENT

Permanent Residency Status

You must hold a permanent resident visa or be an eligible New Zealand citizen.

Time as a Permanent Resident

Absences from Australia

Within those 4 years, you must have been a permanent resident for at least the last 12 months.

You must not have been absent from Australia for more than 12 months in total during the past 4 years, including no more than 90 days in the 12 months immediately before applying.

RESIDENCY CALCULATOR

Use the Residency Calculator to check your eligibility based on your travel history. (Details Below)

The lawful residence date and the permanent resident date are distinct milestones in an individual's immigration journey. Here's how they differ:

1. Lawful Residence Date

• Definition: The date when you first arrived in Australia and began residing lawfully under a valid visa. This includes any temporary visa that allowed you to stay legally in the country, such as a student visa, work visa, or visitor visa.

• Significance: This date is relevant when calculating the total time you have lived lawfully in Australia. It's part of the 4-year residency requirement for citizenship.

• Scope: Includes time spent on any visa (temporary or permanent) as long as the stay was legal.

2. Permanent Resident Date

• Definition: The date when you were granted a permanent resident (PR) visa. This is a significant milestone because PR status is required for citizenship eligibility.

• Significance: This date is crucial for determining whether you meet the 12-month minimum period of permanent residency immediately before applying for citizenship.

• Scope: Only starts from the point when you officially became a permanent resident.

Difference between Lawful Residence Date & Permanent Residence Date

EXEMPTIONS

Certain applicants, such as partners of Australian citizens, refugees, or individuals in exceptional circumstances, may be eligible for exemptions to the residency requirements.

Character Requirements

• Good Character:

  
  Applicants aged 18 years or over must demonstrate good character. This is assessed based on adherence to Australian laws and community standards.

  
  

• Considerations for Good Character. The Applicant:

  • Does not have any criminal convictions or ongoing legal matters.

  • Has complied with Australian immigration laws.

  • Has financial stability, including no bankruptcy history.

  • Has evidence of community contributions and no negative behavior.

  • Is not associated with individuals or groups involved in criminal activities.

  • Has no past deportations, removals, or visa cancellations.

  • Has no involvement in international crimes or human rights abuses.

Understanding of Responsibilities and Privileges

• Knowledge of Australia:

  
  The applicant has a good understanding of the responsibilities and privileges of Australian citizenship, which is assessed through a citizenship test.

Language Requirements

• Basic English Proficiency:

  
  The Applicant has a basic knowledge of the English language to communicate effectively in Australia.

Intent to Reside

• Ongoing Residency:

  
  The applicant should intend to reside or continue residing in Australia, or maintain a close and continuing association with Australia.

A Recent Case Brings Flexibility to the 10-Year Rule

In the recent case of Minister for Immigration, Citizenship and Multicultural Affairs v Sidhu [2023] FCAFC 133, the Full Federal Court introduced a broader interpretation of the term “ordinarily resident.”

The court recognized that a child can still qualify under the 10-year rule even with periods spent outside Australia. In this case, the child’s parents lived and worked in Australia while the child spent several years living with grandparents in India. Despite this, the child was granted Australian citizenship on their 10th birthday.

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