Please note that the information we provide in this article is current as of the date of publication, and the DHA regularly updates rules and regulations. Kindly ensure that you check the official updates before making any decisions, or speak with an immigration lawyer for the most up-to-date information, as laws and conditions are subject to change.
You might be asking: what should I do if I have a child with an Australian citizen? This article will answer your question and provide important information regarding the status of your child. If you have a child with an Australian citizen, the child may be eligible for Australian citizenship.
If I Have a Child with an Australian Citizen: Status of the Child
Section 2a of the Australian Citizenship Act 2007 states that, generally, you become an Australian citizen automatically if:
- you are born in Australia and
- one or both of your parents are Australian citizens or permanent residents when you are born.
Thus, a child born in Australia automatically acquires Australian citizenship if one or both parents are Australian citizens or permanent residents. The parents can apply for an Australian passport for the child as soon as the baby is born. Additionally, a child born outside Australia may be eligible for Australian citizenship by descent if one or both parents are Australian citizens at the time of the child’s birth.
If I Have a Child with an Australian Citizen: Australian Citizenship
Australian citizenship is a special status, carrying both privileges and responsibilities. There are two main paths:
- conferral (for a permanent resident), and
- descent (born outside Australia to an Australian parent).
Moreover, applicants must meet various criteria, including permanent residence requirements, good character, and knowledge of Australian values. Additionally, the applicant must take the citizenship test because it assesses understanding of Australian history, civics and values. You can view this checklist for easy reference.
The benefits of having an Australian citizenship are the following:
- The right to vote and stand for election.
- Dual citizenship is allowed, enabling travel and potential benefits in other countries.
- Access to social security benefits and Medicare healthcare.
- Freedom to live and work in Australia indefinitely.
- The opportunity to contribute to and shape Australian society.
If I Have a Child with an Australian Citizen: Citizenship by Descent
Citizenship by descent in Australia is available to individuals born outside Australia who have at least one parent who was an Australian citizen at the time of their birth. This means that the child can acquire Australian citizenship through their Australian parent.
The Australian Department of Home Affairs (DHA) provides detailed information on the eligibility criteria and the application process for citizenship by descent on their official website. The process typically involves providing evidence of the parental link, such as birth certificates, and completing the necessary application forms.
This pathway to citizenship allows individuals to establish a legal and emotional connection to Australia, providing access to the benefits of Australian citizenship, including the right to live and work in Australia and the ability to travel with an Australian passport.
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If I Have a Child with an Australian Citizen: Steps to Take
What should you do when your child is born? Here are some general steps to take in order to settle the citizenship concerns of your child or if they can get the same visa:
1. Children born in Australia automatically acquire Australian citizenship if one or both parents are Australian citizens or permanent residents. As soon as the baby is born, you can apply for an Australian passport for the child.
2. If the child is born outside Australia, the child may be eligible for Australian citizenship by descent if one or both parents are Australian citizens at the time of the child’s birth. You can apply for citizenship by descent for the child.
3. The immigration status of the child depends on the type of visa or status that the parents hold. If the child is an Australian citizen, it may provide a pathway for the parents to apply for certain visas, such as a Contributory Parent Visa, which allows the holder to remain in Australia permanently.
Additional Steps
4. If the child is not an Australian citizen, the child may be eligible for a Child Visa (subclass 101 or 802) if the child is a dependent child of a parent who is an Australian citizen, eligible New Zealand citizen, or holder of an Australian permanent visa.
Moreover, the child must be under 18 years, a full-time student aged over 18 and under 25 and financially dependent on the parent, or over 18 and unable to work due to a disability. The visa application can be made by the parent or legal guardian of the child.
5. The child visa costs about AUD 3,055. If the child is bringing family members (their minor child), they are required to pay additional fees. The processing time for a child visa, subclass 101, is between 17 and 35 months. For subclass 802, the processing time is between 12 and 22 months. You can check out this visa processing guide tool for your reference.
However, it is always best to contact the Department of Home Affairs for more information and to inquire about the eligibility of the child for Australian citizenship or visa options.
Citizenship by Descent: Documents Required
The documents required to apply for citizenship by descent in Australia typically include the following:
- Completed and signed Form 118 – Application for Australian Citizenship by Descent.
- Evidence of the Australian citizenship of the parent, such as a full Australian birth certificate, Australian citizenship certificate, or Australian passport.
- Evidence of other citizenships held by the Australian citizen parent, if applicable, such as a letter or certificate showing the date of the acquisition of the citizenship.
- Proof of identity for the applicant, such as a passport or driver’s license.
- Evidence of the parent’s name change and documents to demonstrate the link between the former and new name, if applicable.
- If one of the parents is not an Australian citizen, a copy of the passport and birth certificate of the non-Australian citizen parent, as well as the non-Australian citizen’s birth certificate (if available) and the parents’ marriage certificate and/or evidence to demonstrate a relationship existed.
These are general requirements, and specific documents may vary based on individual circumstances. It is advisable to refer to the official website of the DHA for the most up-to-date and detailed information on the documents required for the application.
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Contact a Citizenship Lawyer
If you are considering applying for citizenship by descent in New South Wales, Australia, it may be helpful to consult with an experienced immigration lawyer from JB Solicitors. We can guide you through the process and ensure that your temporary or permanent visas application is complete and accurate.
Contact us today if you need help with your temporary visa and permanent visa.