Baby Born in Australia to Temporary Visa Holder


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Will an Australian Born Baby be an Australian Citizen?.

In order to be an Australian citizen, at least one parent must be an Australian citizen or permanent resident at the time of the child’s birth.

You have a Temporary Visa and your Child is born in Australia, what is its Status?

There are some people who expect that any baby born in Australia will automatically be an Australian Citizen, this is not correct.

The child will hold the same visa subclass as the parent’s temporary resident visa.
The child will have the same Nationality/Citizenship as the parent(s). The parent will need to register the birth at their Embassy in Australia.




If the child is still in Australia after 10 years though, it appears they can become a Citizen on their 10th Birthday, according to the information below.


In order to be an Australian citizen, at least one parent must be an Australian citizen or permanent resident at the time of the child’s birth.

If neither parent is an Australian citizen or a permanent resident at the time of birth, the child is a temporary resident. The child will hold the same visa subclass as the parent’s temporary resident visa.





The child may become an Australian citizen on their 10th birthday if ordinarily resident in Australia for those 10 years.

The above is taken from this Government Website:

http://www.detinternational.nsw.edu.au/media-assets/trp/residency-status.pdf


From Passports.gov.au

If you were born in Australia on or after 20 August 1986, in addition to the birth certificate, you will also need to provide evidence that one parent was an Australian citizen or had permanent resident status at the time of your birth

www.passports.gov.au/../birthcertificates.aspx

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The information we give is based on personal experiences, reading and formulation of available statistics. Some Visa Applicants might find an Experienced Australian Migration Agent of great assistance.

2 thoughts on “Baby Born in Australia to Temporary Visa Holder”


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  2. My child was born on year 2008 and has got an Australian birth certificate.. We parents were on a temporary visa that time when the child was born.
    Now the child is 12 years old.
    My question is will the child be able to return to Australia and gain citizenship or not?

    1. For a child born in Australia to be able to get Citizenship, one parent must have been an Australian citizen or a permanent resident at the time of the child’s birth.

      Your child would have held the same visa subclass as the parent’s temporary resident visa.
      The child will also have the same Nationality/Citizenship as the parents.

      Only if the child had remained in Australia until their 10th birthday, would they become eligible to become an Australian Citizen on their 10th Birthday.

      Automatic birthright citizenship ended in Australia on 20th August 1986.
      Prior to that date a child born in Australia was an automatic citizen, similar to the way the US does their birthright citizenship.
      But from 20 August 1986, it only applies if one or both parents were Australian citizen or permanent residents at the time of the child’s birth, or
      the child had been ordinarily resident in Australia from the day of their birth until they become 10 years old.

      You can review this at: https://immi.homeaffairs.gov.au/change-in-situation/had-a-baby

      However, based on these answers:

      • Was your baby born in Australia? Yes
      • Was one parent an Australian citizen, a permanent residence visa holder or an eligible New Zealand citizen at the time of the baby’s birth? No
      • Did one parent hold a temporary visa at the time of the baby’s birth? For example, a Student (subclass 500) visa or temporary work (subclass 457 or 482) visas Yes

      The result shows: Your baby is not an Australian citizen or permanent resident.

      The only route to Citizenship is via a Permanent Visa application, and then a Citizenship application after the required time. At least 3 years in Australia out of the 4 years on valid visas immediately before the citizenship application date.

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