Do you have a baby born in Australia to permanent resident? A fresh life is born beneath the wide Australian sky. Yet the issue of belonging extends beyond the sun’s warmth for infants born to long-term residents. Their road to citizenship is distinct, entwined with the aspirations of their parents and the intricate web of immigration that is Australia.
This article delves into the unique circumstances surrounding children born to permanent residents in Australia. We’ll explore the different avenues to citizenship, the legal intricacies involved, and the lived experiences of families navigating this complex system. Read on to learn more about a baby born in Australia to permanent resident.
What the Law Says About Baby Born in Australia to Permanent Resident?
Section 12 of the Australian Citizenship Act 2007, focuses on citizenship acquisition for babies born in Australia. This section outlines two main pathways to Australian citizenship:
Pathway 1: Parental Connection
A child automatically becomes an Australian citizen if one or both parents are Australian citizens or permanent residents at the time of their birth. This applies even if the birth occurs outside of Australia.
Pathway 2: Residency
If neither parent holds Australian citizenship at birth, but one parent has permanent resident status, the child can still become an Australian citizen through continuous residency. Living in Australia for 10 consecutive years from the date of birth qualifies them for automatic citizenship under this path.
Section 3 of the Australian Citizenship Act 2007 provides that a person is “ordinarily resident” in a country if and only if:
- He or she has his or her home in that country; or that country is the country of his or her permanent abode. This is the case even if he or she is temporarily absent from that country.
Exception: Enemy Occupation
This article about baby born in Australia to permanent resident or Australian citizen includes a rare exception related to “enemy occupation.” During wartime, if the birth location is under enemy control and one parent is an enemy alien, the child won’t automatically gain citizenship through the residency path.
However, citizenship is still possible if the other parent is an Australian citizen or Australian permanent resident and not an enemy alien.
Citizenship for Children Born in Australia to Non-Residents (After 1986)
The rules governing citizenship for baby born in Australia to permanent resident or Australian citizen have changed since 1986. Here’s a simplified guide for those whose parents aren’t Australian citizens or permanent residents at the time of birth.
Two Paths to Becoming an Australian Citizen:
1. Through Parents: You can still become a citizen at age 10 if you’ve been ordinarily resident in Australia since your birth. This means Australia has been your regular and primary home, even with temporary absences.
2. Through Application: You can apply for Australian citizenship through the Child Visa (subclass 101 or 802), meeting specific requirements set by the Department of Home Affairs.
What Do Schools Need to Know?
- Check Residency: Schools should verify the residency status of children whose parents aren’t Australian citizens or permanent residents.
- Don’t Rely on Birth Certificates: They only show birthplace, not residency.
- Request Evidence: Schools can request official documents like a temporary resident visa or a certificate of Evidence of Resident Status from the Department of Home Affairs
Important Reminders:
Birth certificates, Medicare cards, driver’s licences, and immunization records don’t confirm residency status. For detailed information and assistance, consult with immigration lawyers or authorised migration agents.
Australian Citizenship for Babies: A Quick Guide
Still confused about baby born in Australia to permanent resident. This table summarises how a baby’s citizenship is determined based on their parents’ status and where they’re born:
Baby Born in Australia to Permanent Resident: “Special or Temporary Absence”
This article about baby born in Australia to permanent resident outlines “Special or Temporary Absence”. So, what counts as special or temporary absence?
- Short trips abroad: Vacations, medical treatments, or family visits are generally considered acceptable absences as long as they are short-term and there’s clear intent to return to Australia.
- Following a parent’s movements: If a child consistently accompanies a parent traveling for work or study purposes, their absences may still be considered “temporary” if Australia remains their primary home.
- Special circumstances: Unique situations like cultural ceremonies or unavoidable travel due to family emergencies may be considered “special” absences.
What Doesn’t Count?
- Leaving Australia without right of return: If a child is removed from Australia and loses the right to re enter Australia, even extensive prior residency won’t count towards citizenship.
- Extended absences without strong ties to Australia: Long periods outside Australia without maintaining connections, such as owning property or having regular visits, might not qualify as “temporary.”
A child born in Australia to parents on temporary visas automatically inherit the same visa status.
While the child doesn’t need a separate visa application, notifying the Department of Home Affairs upon obtaining a birth certificate and Australian passport is crucial for linking the permanent visa to the child’s documents.
Applying for An Australian Citizenship Application
Here are the steps and requirements for children 15 years or younger who are applying fot an Australian citizenship application:
1. General:
- Provide scanned documents online or certified copies on paper.
- Each document only once, even if used for multiple purposes.
- Submit all requested documents with your application.
2. Identity:
- Birth certificate, family registration document, etc., showing your birth details.
- Evidence of name changes (if any), identity declaration, and passport-sized photo.
3. Responsible Parent (if applicable):
- Proof of identity documents.
- Custody, guardianship, or parental responsibility orders (if applicable).
4. Supporting Documents (optional):
- Evidence for hardship claims or living arrangements.
- Letters from school, government agencies, utility bills, etc.
- Proof of close and continuing link to Australia (if living overseas).
5. Translation and Scanning:
- Translate non-English documents by accredited translators.
- Scan all documents (English and non-English) in color.
6. Attachment and Application Type:
- Attach documents only once, even if used for multiple purposes.
- Apply online unless you meet specific criteria (e.g., no passport).
7. Paper Applications:
- Translate and certify all documents (non-English and copies).
- Use an authorised certifier (Australian citizen, specific occupation, not related to you).
How Can We Help Your Child Gain Australian Citizenship?
Lawyers, specifically immigration lawyers like JB Solicitors, can offer valuable assistance with lodging an Australian citizenship application for babies or children in several ways:
- Eligibility assessment: They can review your child’s specific circumstances (parents’ citizenship, child’s birth location, child’s passport validity, residency history) and confirm eligibility for various pathways. We can also assess parents visa status and immigration status.
- Complexities and nuances: They navigate the intricacies of citizenship laws and regulations, keeping you informed of any updates or changes relevant to your case.
- Document preparation and review: They help gather and ensure all required documents are complete, accurate, and meet submission standards.
- Form completion: They assist with filling out complex application forms, ensuring information is accurate and presented effectively.
Contact us today for more information about baby born in Australia to permanent resident.