When both parents are permanent residents of Australia, a common concern is whether their child will automatically acquire citizenship or residency. The answer largely depends on whether the child is born in Australia or overseas. If the child is born in Australia, they are generally granted citizenship. However, if born outside Australia, the child will not automatically receive citizenship but can be eligible for a visa and later apply for citizenship.
Let’s explore these questions in detail to understand your child’s legal status and rights.
Explanation of Birthright Citizenship Laws for Children Born in Australia to Permanent Resident Parents
In Australia, simply being born on Australian soil does not guarantee citizenship. Australia follows a principle called jus sanguinis, which means “right of blood.” Under this principle, a child’s citizenship depends on the parents’ citizenship status.
For children born in Australia after 20 August 1986, at least one parent must be an Australian citizen or a permanent resident at the time of birth for the child to acquire Australian citizenship by birth. If both parents are permanent residents, the child will automatically acquire Australian citizenship at birth. However, if neither parent holds permanent residency or citizenship, the child may not be eligible for automatic citizenship.
So, if your child is born in Australia and both parents are permanent residents, your child will be an Australian citizen by birth. There is no need to apply for citizenship in this case.
What Is the Residency Status of a Child Born to Permanent Resident Parents in Australia?
If your child is not eligible for automatic citizenship by birth, you may be wondering whether they at least acquire permanent residency.
Clarification of Whether the Child Automatically Becomes a Permanent Resident or Must Apply for a Visa
If a child is born in Australia to parents who are permanent residents, the child’s status is typically Australian citizenship by birth, as explained earlier. However, in cases where the child is not granted citizenship (for example, if the parents are not yet permanent residents), the child may still have the right to live in Australia as a resident.
In this case, the child would need to be granted a visa, depending on their situation. If the child does not automatically acquire citizenship but is born in Australia, they may be granted a visa or residency status based on their parents’ legal status. The exact type of visa can vary, and it may require an application process if the parents are not permanent residents at the time of birth.
Also Read: A Guide to Parents Visas in Australia
Does the Child Need to Apply for Citizenship or Residency?
If your child isn’t automatically eligible for citizenship by birth, they may need to apply for citizenship or permanent residency. Let’s look at the steps involved.
Steps and Requirements for Applying for Citizenship or Residency for Children of Permanent Residents
If your child wasn’t born an Australian citizen, there are options for applying for citizenship or residency.
Applying for Citizenship: If your child was born in Australia but did not automatically acquire citizenship, they may be eligible to apply for citizenship by conferral. This can happen after they have lived in Australia for 10 consecutive years from birth, regardless of the parents’ status during that period.
Applying for Permanent Residency: If your child was born overseas and did not acquire citizenship, they can be added to the permanent residency application process. This involves submitting a visa application for the child to be granted permanent residency.
The citizenship or residency application process can involve gathering birth certificates, proving parents’ residency status, and completing legal forms through the Department of Home Affairs. The process can take some time, so it’s important to start early.
Also Read: Parent Visa With Work Rights Australia: 6 Important Things You Need to Know
How Does the Child Become an Australian Citizen Later in Life?
If your child isn’t automatically granted citizenship at birth, they might still be eligible to become a citizen later in life.
Overview of Pathways to Citizenship for Children Born to Permanent Residents
Children who were not citizens at birth may still have opportunities to become Australian citizens. A common pathway is through citizenship by conferral, which applies to children who were born in Australia and have lived in the country for at least 10 years since their birth.
Additionally, if the parents become Australian citizens while the child is a minor, the child may automatically acquire citizenship as well. This applies as long as the child was a permanent resident and under 18 years old when the parents became citizens.
Children born overseas to permanent residents can also apply for citizenship through the Australian citizenship program, typically once they meet residency requirements and are of a suitable age.
What If My Child Is Born Overseas and Both Parents Are Australian Permanent Residents?
The situation for children born overseas to Australian permanent residents differs from children born in Australia.
Explanation of the Implications for a Child Born Outside Australia, Including Visa and Citizenship Application Procedures
If your child is born overseas and both parents are Australian permanent residents, the child does not automatically become an Australian citizen. Instead, the child’s citizenship or residency must be obtained through an application process.
Here’s what needs to happen:
Applying for a Visa: The child will typically need to be granted a visa to enter and live in Australia. The child’s eligibility for a permanent visa will depend on the parents’ permanent residency status. Once the child is granted the visa, they can live in Australia as a permanent resident.
Applying for Citizenship: After living in Australia for a period of time, the child can apply for Australian citizenship, provided they meet the residency and legal requirements. This process is similar to what is required for adult permanent residents.
It’s important to contact the Department of Home Affairs or seek professional legal advice to understand which visa and citizenship options are best for your child if they were born overseas.
Helping Your Family with Australian Residency and Citizenship Matters
When both parents are permanent residents of Australia, the child’s status, whether born in Australia or overseas, can be complex. Whether your child automatically acquires citizenship or needs to apply for residency, knowing your options is key to ensuring their future.
At Walker Pender, our expert family lawyers are here to guide you through the legal processes of securing your child’s residency or citizenship in Australia. We provide personalised legal advice to help you understand your family’s rights. Contact us today for a consultation to explore how we can assist with your family’s immigration and residency needs.
