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

baby born in Australia citizenship residency status

Since 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.baby born australian citizen

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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    Ayesha Sultana
    Guest
    Ayesha Sultana

    hi Mark,

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

    Thanks And Regards
    Ayesha Sultana

    kerstin
    Guest
    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

    Ayesha Sultana
    Guest
    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… Read more »

    sunny
    Guest
    sunny

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

    sunny
    Guest
    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… Read more »

    kira
    Guest
    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

    Ian
    Guest
    Ian

    Hi,

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

    Ian
    Guest
    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

    Daz
    Guest
    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

    Winner
    Guest
    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,

    sara
    Guest
    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?

    Faye
    Guest
    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
    Guest
    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
    Guest
    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
    Guest
    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
    Guest
    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?

    Joanne
    Guest
    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
    Guest
    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.

    Linda
    Guest
    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… Read more »

    Evy
    Guest
    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
    Guest
    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.

    supratim
    Guest
    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.

    salman
    Guest
    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…

    Helene
    Guest
    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… Read more »

    Aaron W
    Guest
    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
    Guest
    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
    Guest
    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
    Guest
    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

    Nisha
    Guest
    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… Read more »

    gio
    Guest
    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

    Katarina
    Guest
    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
    Guest
    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
    Guest
    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
    Guest
    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
    Guest
    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
    Guest
    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… Read more »

    Prateek Verma
    Guest
    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

    Diego
    Guest
    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?