Baby born in Australia – What is my babies Australian residency and Citizenship status?

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baby born australian citizenSince giving birth to our own baby girl since migrating down under we’ve had a number of comments made on this associated post asking what the immigration status,  residency or citizenship status of their own  baby will be following the birth.

With this in mind I thought I’d write up a quick article to summarise the residency and citizenship status of your baby should you be blessed with the birth of a new child whilst spending your time down under.

On the assumption that you applied for your Permanent Residency visa before your baby was born the following circumstances will normally apply.

If your baby is born in Australia, and at least one parent is an Australian permanent visa holder or Australian citizen, your baby is an Australian citizen by birth. No Australian visa is required for this baby.

If your baby is born in Australia and neither parent is an Australian citizen or permanent visa holder, your baby will generally automatically acquire the visa of either parent dependent on whichever visa is more “beneficial”.

If your baby is born outside Australia, and at least one parent is an Australian citizen otherwise than by descent, your baby is eligible for Australian citizenship by descent.

If your baby is born outside Australia and at least one parent is an Australian citizen by descent and that parent was present in Australia lawfully for at least 2 years before your baby’s citizenship registration, your baby is eligible for Australian citizenship by descent.

If your baby is born outside Australia, and neither parent is an Australian citizen, your baby has no immigration status in Australia and will need a visa to enter Australia.

What happens if I have my Australian visa, but not validated it, and my child is born outside Australia?

If your Australian Visa has already been granted to you but you’ve not been to Australia to validate the Visa then you’re newborn child will not automatically be granted a visa as part of your own application.

You will have to advise the DIAC about the new addition to your family, as a change of circumstances before you validate your own Visa as your baby will have to be sponsored on a child visa in its own right.

This is normally a straight forward process however you should add at least 10 – 12 weeks for the new baby to be added.

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Showing 66 comments

  • Ayesha Sultana

    hi Mark,

    can you please answer my above questions.Please a reply awaiting.

    Thanks And Regards
    Ayesha Sultana

    • Mark

      All Done :D

  • kerstin

    hey there, i m having my baby in april in australia and the dad is australian, so the baby gets citicenship straight away. but what happend to me, my visa is only valid to end of february. do they send me home?

    many thanks for any answer

    kerstin

    • Mark

      Hi Kerstin

      Not necessarily although I would advise that you start to make arrangements for a more suitable longer term visa ASAP.

      Regards

      Mark

  • Ayesha Sultana

    Hi

    I am pregnant and expecting my delivery on july,2010.My husband is working here and he is a Permanent Resident for last 6 years.I came here last month with our 1 and 1/2 months old son.we have a subclass 100 visa with written on the passports of me and my son that residents and can indefinately stay in australia.now my question is:
    1)The child born to me here on july,2010 will be a citizen of aussie or permanent resident of aussie?
    2)Am i a australian resident too or just hold a spouse visa?

    Please kindly answer my questions as we are a bit confused about it.

    Thanks And Regards
    Ayesha Sultana

    • Mark

      Hi

      1) Your child will be born a citizen of Australia as his father has Australian PR
      2) As I read it you are on a spouse Visa allowing you to stay indefinitely in Australia as residents. Think you’ve answered your second question yourself their ;)

      Regards

      Mark

  • sunny

    or sorry instead of may its june and instead of june its may

    • Mark

      Sunny, I would suggest you contact the DIAC for guidance for these forms if it’s not that clear. Probably best to be 100% sure otherwise you risk getting the application rejected.

      Good luck

      Regards

      Mark

  • sunny

    hi

    we got residency in month of may 2009 and i my baby born in june 2009, so i know he is not eligible for australian citizenship, but the problem is i did’nt add him on my application when he born as i don’t have full documents of him, now i wanna apply his residency too and DIAV told me to fill form 1276 and 1022 but i really dont know what to write over there what shoul i do pls let me know or if i have to fill those forms what should i write about me and where can i declare my son on those forms pls reply asap thanx

  • kira

    Hi

    I need some help. I am currenlty on a visa 573, applied for my PR but it is not valid until 2012 until my student visa expires. But i am pregnant of 6 weeks, my partner is australian. Any idea whats next? what happen to me staying in aurtralia until i give birth here? can i stop my studies and get on a bridging or something?

    trouble trouble :(
    thanks
    kira

    • Mark

      Hi Kira

      Yes, a bridging visa could be an option for you. Unfortunately the fact that you are pregnant makes little difference at this stage so the normal visa rules apply.

      Congrats on the pregnancy

      Regards

      Mark

  • Ian

    Hi,

    Thanks for your reply. Just a quick question Can my baby eligible to apply for Australian Passport?

    • Mark

      Once it has Australian Citizenship yes :)

  • Ian

    Hi, we had a baby boy last month. We lodged our application for PR 9 months ago, we are on Bridiging Visa at the moment, should my baby eligble to apply for Australian Passport, Will baby be eligible for PR or Citizen of Australia?

    Any info much appreciated or send info on

    Many Thanks

    • Mark

      Hi

      Eligible for PR (on the basis that you are) yes, citizenship no as neither parent had PR at the time of your babies birth :)

      Cheers

      Mark

  • Daz

    Hi Mark

    Very good article. Just have a quick question:

    I am a NZ Citizen, I have put in an application for Australia PR.

    If my baby was born in Australia before my PR application was approved, I assume the baby be a holder of special catergory visa for NZers (same as me)?

    Then, my PR application is approved, can I apply for Australian citizen for the baby?

    Thanks
    Daz

    • Mark

      Daz, I’m not 100% sure mate. As a New Zealender if you qualify automatically for citizenship then so will your baby. If not then your babys route to citizenship will likely be very similar to yours.

      Cheers

      Mark

  • Winner

    Hi,

    Me and my partner are currently on a student visa in Australia and we have applied for PR. As I am not expecting PR before the baby born, I understand that baby will not be Australian citizen by birth, I want to know that when will he get Aus citizenship? Immidiately when one of the parent get or baby also have to celebrate her 4th birthday as to fulfill residence requirment in Australia?

    Thanks in advance,

    • Mark

      Hi, Children under 16 years of age are usually included on a parent or legal guardian’s application form so if you get it then they get it.

      Having said that, if the baby is born after you get Australian Citizenship then you’ll probably need to apply. As you can probably gather I’m not 100% sure on this one, please post in our forums as i’m sure one of the many Registered migration agents who posts in our forums will be able to give you a specific (and correct) answer ;)

      Please Click Here to access our community forums.

      Cheers

      Mark

  • sara

    hi mark
    Iwant to ask if we buy a property like a house or land in australia whether we are not living in australia in that case can we get pr. or residance of australia?

    • Mark

      If only it was that easy Sara but alas no. Land or property ownership does not give you any right to PR in australia

      Regards

      Mark

      • sara

        hi mark
        Many many thanx u replied and i m greatful that u always guide me in right direction.now one more question that i m a master degree holder in education as well as i have done B.Ed(bechelor of education) and a certificate in teaching.I have 4 years work experience in teaching field.I have 6 band score in IELTS.So can i get Australian Immigration?All my education i got from Pakistan but now i m living with my husband in kuwait n doing a job as a teacher here.

        • Mark

          Hi Sarah

          I would double check by posting in our forums (Here) however on first glace I think you might need to have a high IELTS score to qualify.

          Double check in our forums though as we have a number of registered migration agents who visit our forums daily and will be able to provide you a more qualified answer.

          Cheers

          Mark

  • Faye

    I myself is an Australian Citizen and I gave birth to a baby boy not too long ago.
    My husband is from Singapore.
    We are looking at moving to Singapore to be with my husband.
    I know that Singapore does not allow dual citizenship.
    I myself does not want to give up my citizenship and is happy with just being PR.
    But for my son it will make things easy if he becomes a singapore citizen.

    The question is if we give up his citizenship now, can he get it back when he grows up and decides he would rather be an Australian?

  • Ahmad

    I have a temporary working visa for 3 years (e457). Can I apply for permanent residency after 1 year in Australia? What will be the status of me and my family (I have 4 children)if my wife give birth to a baby while she is in NSW?

  • Rohan

    Hi, Me and my wife are expecting a child, My wife was student here and i am on spouse visa. We will be lodging our application for PR next month, But we are expecting baby while we will be on Bridiging Visa, As after applying for PR we will be getting bridging visa and finalising PR may take up to 12 Months, we have been living in melbourne from past 2 years, What will be the status of our Baby, Will baby be PR, Citizen of australia or will be an Indian citizen as we are from india?

  • lyn

    Hi

    I am Brittish, my fiancee is Australian, he lives with me in Scotland and we are expecting our first baby in January. We plan to move to Australia within a year of the baby being born and stay in Australia permanently. I think the baby qualifies for Australian Citizenship from father, have been trying to find out if the baby would receive baby bonus etc and if there is a set time that we would need to return to Oz to qualify?

    Any info much appreciated

    Thanks

  • sara

    hi
    i m pakistani and working in kuwait now i m pregnant and want to deliver my baby in such country rather than pakistan where he get nationality while i stay there on visit.is there any option?

    • Mark

      Not unless you have your Australian Permanent Residency Visa before hand Sara

      • sara

        thnx
        but if i come there on visit as my uncle is there at that time if i deliver my baby can he or she can get residancy or nationality?

        • Mark

          No Sarah, the location where your baby is born in Australia has no bearing on its residency or PR status. The Status of the babys parents is all that really matters and unless you have PR or are an Australian Citizen then your baby will have the same national status as his or her parents.

          Regards

          Mark

  • Joanne

    Hi there,

    My partner, little boy and I(all UK citizens) moved to Oz in April 07(on 457), our PR was granted Dec 08 and my little girl was born May 09.

    I am trying to find out which passport she needs?!?! Some say UK, some say Australian and some say she needs one of each!! I cant find anything that even seems to point me in the right direction!

    Help!!

    Cheers

    Jo

  • Chaminda

    Hi Mike

    My wife holds the Provisional Residency Visa Sub Class 496, and now I am applicant of same visa. Currently we both are in outside Australia. My wife will be eligible to apply for permanent residency in about 2 years. My wife currently pregnant and delivery is due in January 2010.

    What will be the status of my baby?

    1. If baby born in Australia
    2. If baby born in out side Australia and migrate to Australia by March 2010 (after the delivery.)

    Which option is more Advisable for Baby to have speedy Australian Citizenship?

    Thank you,

    Chaminda.

    • Mark

      Hi Chaminda

      As a none perminant resident your baby will retain the status of it’s home country. There will be no fast track path to citizenship either.. It’ll be the same process that you guys will need to follow I’m afraid.

      Cheers

      Mark

  • Linda

    Hi Mark

    My husband and I are holders of Provisional Residency Visa Sub Class 496, we are currently in Australia and will be eligible to apply for permanent residency in about 2 years. I am currently pregnant and is due in January 2010. What will be the status of my baby? Will my baby be eligible for Australian citizenship immediately OR MUST we register the baby under our home country citenzhip (Singapore) which we would like to avoid.

    Another issue is that, my husband is now working full time and is paying tax and receiving super, is there any way i can get assistance for subsidies or anything at all for the delivery of my baby to reduce costs.

    Appreciate if you could assist on my query.

    Thanks!
    Linda

  • Evy

    I am a PR in Australia. If I give a birth in Australia but want the baby to have my Chinese nationality? My husband is Austrlia.

    Thanks for any idea.

  • Venkat

    Hi,

    I have a one query. I have vaild 457 visa for 4 years.If my wife will deleivery a baby in australiya, is my baby will get austrailya citizen? please let me know. we are indians.

    • Mark

      Hi Vankat, I’m afraid not

      The 457 visa does not give you perminant residence. Only babies of parents with ‘perminant residency’ get Aussie citizenship.

      Regards

      Mark

  • supratim

    Hello,
    I am in australia in a student visa alongwith my wife. we are indian citizens by birth. I would like to know the status of our baby born in australia. We are in melbourne for almost a year & my course will end up next year. I have not applied for a “PR” till date.

    • Mark

      Hi Supratim

      Your baby will not be an be an Australian Citizen unless you or your wife had PR, as you have the student visa then the baby will be a citizen of your home country.

      Regards

      Mark

  • salman

    hey i want to know this urgent that i have an immigration and after landing in australia after immigration my wife accepts. so tell me whats the status of child will be>? is he or she is austalian citizen? should i pay for my wife’s pregnancy issues or medical is free for pregnant ladies?
    plz do help me out…

    • Mark

      Hi Salman

      I don’t fully understand what it is your trying to ask.

      The rules are quite simple though. If you move to Australia and you have a permanent residency visa and your wife gives birth in Australian, then your baby will be an Australian Citizen. You will need to pay medical fees, however these will be subsidised via Medicare.

      Cheers

      Mark

  • Helene

    Hi,

    I have just reaslised that I am pregnant. I am french and have a PR since Feb 2008 and my partner is Scottish and he is in the process of getting sponsored by his company. He was on a working holiday visa and now he is on a bridge visa. It is taking ages to get his sponsor and we never plan to have a baby now… I just would like to know what would happen if my partner does not get the sponsor as I am PR and want to have the baby in Australia? Thank you for your help and advice.
    Helene

    • Mark

      Hi Helene, at time of typing, if you have PR and give birth in Australia your baby will have Australian Citizenship :)

      Cheers

      Mark

  • Aaron W

    hi,
    I was born in Sydney, Australia on oct 1988. I am currently a citizen of Indonesia. neither of my parent are citizen of australia nor in possesion of australian visa.

    is it possible for me to still get Australian citizenship, PR, or something like that? (I’m turning 21 this october).

    thanks

  • Gomathi

    Hi Mark,

    Iam a provisional resident and my husband is a australian Citizen which was aquired in March 2009 and was a PR for the last 3and 1/2 years. I am expecting a baby in Aug 2009 and might go for delievery to my home country. Can i register the baby as australian citizen by birth after returning to australia in 6- 8 months or can i do it in my home country through the australia high commission.

  • tom

    hello.
    if my partner is from new zealand but got here (to australia) in 2003 and im from u.s.a. is my baby can be an australian citizen? if not what will happen with him? im here on a student visa now. is the baby can have a new zealand citizenship and live in australia with it?

  • Mark Lacambra

    i just want to know if we are not australian resident we are on a 457 visa if we will have a baby if god permits would the baby be an australian thanks in advance

    • Mark

      Hi Mark

      No, you will need to be a permanent resident for your baby to get Australian citizenship, as the 457 visa is a temporary visa your baby will be a citizen of your home country.

      Good luck :)

  • Nisha

    Hello

    My son is a british citizen by birth (2006) my husband was a permenent rescident of australia at the time of our son’s birth and he aquired Australian citizenship around 2007.

    is it possible to get Australian Citizenship for our son?

    please note my husband has divorced me and married someone else lastyear, but still he wants to get me and our son to australia. so he wants to apply for the citizenship for our son to rejoin him in australia.

    this is the only option we have got to reunite with my hsuabnd and he is willing to call us to australia but he cant sponsor us by spouse catogry as he got married to another woman legally now.

    do tell me is there anyother way we re-join my husband please.

    please reply.

    Thankyou
    Nisha

    • Mark

      Hi Nisha, you son will only be able to get Australian Citizenship once he has lived in Australia for four years after gaining his permanent residency.

      Your (ex?) Husband will be able to sponsor your son however he will still need to meet the requirements of the Australian Immigration Authority.

      Check out the visa wizard for Visa options:

      http://www.immi.gov.au/visawizard/

      Best wishes

      Mark

      • Nisha

        hi Mark

        thankyou so much for the reply.

        i seriously need help form someone about this issue, it may sound like a spoon feeding, the problem is i dont know nothign about the australian rule, and its getting complecated becasue my husband has divorced me.

        now he says he wants to call me and our son to australia and wants to live with us and wants to be with our son. at the same time he cant leave the other woman he married lastyear for his parents which, they mad emy husband to divorce me beacse i am not an indian and i am a christain and they never want a girls form antoher country to marry their son.

        my husband says he loved me truly but still he cant leave his parents. but wants to live with me and our son.

        he is doing double shifts a day and dont get time to check thing, so he asked me to check it but i couldnt get nothing.

        he just have sponsored the other woman on spouse visa, he has asked me to check with u in which way he can call me and our son permenently to aus.

        i check some of the form Ch47 he can sponsor our son using that but how can he sponsor me there? as me being an ex :(

        please help me with this, peopel aroudn us seperated us, but i still hope and pray god that alteast my son shoudl get to see and be with his father atleast a week if we get to be with my husband in australia.

        we got no one here in uk :( and the divorce is affectign me and our son in everyway:( he is about to join school end of this year. i hope u can understand my situation, i feel its good for my son to be with his dad than being here without his dad and see other kids with their mom and dad together.

        mark please check and tell me is there anyway that my husband can sponsor me andour son to aus to live with him.

  • gio

    hi ;i have a baby on the way,as my wife and i we are on student visa i would like to know how my baby will get the birth certificate and what is the prosses of,on which visa my baby will be and how long

    thanks regards
    gio

    • Mark

      Gio, as neither yourself or your wife will have PR then the baby will remain a citizen of your home country. You will need to apply for a visa for your baby once it is born.

      The hospital in which your baby is born will be able to help in the birth certificate space.

      Good luck with the birth!

      Cheers

      Mark

    • Katarina

      GIO: I am in the similar situation, I hold a student visa and my partner just has applied for PR. I would be happy if we could chat sometimes. Because I dont know anybody here being in the same situation and would need sometimes an advice.. dovenka@azet.sk

  • felipe

    hola
    mi novia y yo somos colombianos y estamos en australia estudiando ingles con visa de estudiante, mi novia esta embarazada queira saber si el bebe nace aca que beneficios tendria??o que puedo hacer para algo beneficioso para el?
    gracias

  • Andres

    Hola, soy un colombiano y tengo una novia colombiana, los 2 estamos estudiando ingles en australia pero ella esta en embarazo y queremos que el bb nazca aca en australia, queria saber que beneficios hay para el bb desde el momento que nazca o mas adelante??que puedo hacer??gracias

  • louise

    what happens to the mother who is on a visa and was in a de facto relationship here with the childs father being Australian by birth Is the mother entitled to free medical care here and entitled to stay also and become a citizen how long does it take till she becomes a citizen given baby and father are australian
    Louise

  • Anna R

    I forgot to say that the child will also be an Australian citizen if one parent is an Australian citizen therefore would have dual nationality.

  • Anna R

    Re the birth of children born in Australia to a British-born parent:
    the child will be a British citizen by descent, therefore entitled to a British passport. This, I believe, only applies to the first generation, not subsequent generations.

    My grandson was born last year in Australia; my daughter is British born and also now an Australian citizen. My son-in-law is Australian by birth.

    We found the British Government website a bit confusing, but eventually worked out that the child was entitled to a British passport as the child is British by descent, ie the child of a “British other than by descent” parent (ie parent was born in Great Britain.) (The British born parent has to produce their own birth certificate when applying for their child’s passport.)

    I don’t know about other countries’ regulations.

    Hope this helps

  • Prateek Verma

    Could you please help me.

    My wife is expecting and we have a permanent resident visa of Australia.We have visited australia once and have validated our visa.

    Now the problem is that we would like the baby to be delivered in INDIA (our home country), could you please let me know that how would we take the child back to australia, also what would be his immigration status..

    Thanks

    Prateek

    • Mark

      Prateek

      If your baby is born outside Australia, and neither parent is an Australian citizen, your baby has no immigration status in Australia and will need a visa to enter Australia.

      Suggest you piost in our Forums for more info.

      Cheers

      Mark

      • Prateek Verma

        Thanks a ton

      • Vidya

        Dear Mark,

        As per Prateek’s request, you suggest to sponsor visa to the baby. But what later. Will the baby also receive the PR just like his/her parents or need to apply for DIAC for PR visa process.

        Cheers

        Vidya

  • Diego

    Mi Mujer Es Australiana yo soy chileno qmi hija va a nacer aya que pasa conmigo? yo me kiero ir para aya me dan la residencia Automatica o no?

    • Mark

      Hola, el más cercano que puedo conseguir a su pregunta es español (hablo inglés) sin embargo con la esperanza de que usted entienda esta respuesta, el anwer es No. Usted no conseguirá la residencia automática y necesitará solicitar una visa apropiada como esposo. Espere que esto ayude. Respetos. Mark