Did you know that if you are a permanent resident of Australia and your child is born there your child might automatically acquire Australian citizenship?

Up until 1986, all children that were born on Australian soil were classed as Australian citizens, but the rise in temporary migration prompted a change in immigration law.

The law now specifies that a child born in Australia is entitled to the highest citizenship/residency status of his/her parents. If both parents are temporary residents the child born from that union will also be a temporary resident. But if your immigration status is temporary residency and your partner is a permanent resident your child will jump the queue and be given Australian Citizenship at birth!

If one of a newborn’s parents is an Australian citizen and the other holds temporary or permanent residency the baby will be considered an Australian citizen.

In the case where a baby is born outside Australia to Australian permanent residents the parents of the baby will need to apply for and be granted a permanent residency visa to be able to enter and remain in Australia with their parents.

It is important to note that all people who apply for a Child (subclass 101) visa, including applicants who are the children of permanent residents, must meet the eligibility requirements and pay the associated charges for the relevant visa.

What if the parents are on visas?

If both parents arrive on a visa then legally the child will hold the same type of visa. Once the baby arrives, there is no need for the parents to apply for the visa, but you are duty bound to contact the Department of Immigration so that a visa can be attached to the child’s passport. It is usually little or no cost involved.

This applies to various types of visas, for example, a Temporary Work visa (Subclass 457) or student visa. When the parents move onto a permanent residency visa, so too does the baby.

Parents who separate

The situation can get complicated if a migrant on a temporary visa has a baby with an Australian and they then separate. While the baby is deemed an Australian citizen, if the couple split up then the foreign parent does not have a legal automatic right to stay in Australia.

This can ultimately mean they can’t stay with their child. The Immigration Minister makes the decision as to whether to grant the foreign parent a permanent visa.