What Visa/Citizenship Can a Child Born in Australia Hold?
Welcoming a new baby is an exciting milestone for any family, but for parents in Australia holding a visa, the circumstances will raise an important question: what visa or migration status will your baby have after birth?
Depending on the visa status you or your partner are holding, the immigration implications for your newborn can vary significantly. Let us help you break down your baby’s visa or citizenship status in Australia and what you may need to do as your next steps.
| Parents’ visa status | Baby born in Australia | Baby born outside of Australia |
|---|---|---|
| At least 1 parent is holding a temporary visa or bridging visa | The baby will be granted the same visa as the parent(s). | The baby can be included as a dependent onto the parent’s temporary visa or bridging visa. However, it will require lodging a visa application for the baby. |
| If both parents are unlawful non-citizens (not holding a valid visa) | The baby is unlikely to receive Australian citizenship. The baby may potentially remain as an unlawful non-citizen (depending on circumstances) and potentially obtain Australian citizen after their 10th birthday if residence requirement is met. | Not applicable |
| At least 1 parent is a permanent resident (PR) or a Special Category (subclass 444) visa (SCV) holder on or after 1 July 2022 | The baby will automatically obtain Australian Citizenship. | The baby may be eligible to apply for a Child Visa (Subclass 101) which is a PR visa. |
| At least 1 parent is Australian Citizen | The baby will automatically obtain Australian Citizenship. | The baby may be eligible to apply for Australian Citizenship by Descent. |
How can my child be eligible for citizenship by evidence?
Regardless of the child’s visa status, even if the baby is an unlawful non-citizen, if your baby is born in Australia and has lived for most of their life in Australia for at least 10 years, the child may be eligible to apply for citizenship by evidence.
Client Testimonials
….we call it Support Network
As navigating through the immigration law process may be difficult, our former clients have agreed to share their experiences through telephone chats, emails and meetings in person.
These are their stories…
How Can Agape Henry Crux Help You?
If you find the circumstance confusing or if you have more questions, contact us if you require any professional assistance regarding your baby’s visa status. You can book a Migration Planning Session with one of our immigration lawyers or Accredited Specialist(s) in Immigration Law to seek professional advice by calling 02-8310-5230 or emailing us to book a time at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
