What happens when an Australian citizen, permanent resident, or temporary visa holder has a baby? The immigration status of the child can differ depending on where the child is born.
Children born in Australia
Where at least one parent is an Australian citizen
Under s 12 of the Australian Citizenship Act 2007 (Cth) (Citizenship Act), a child born in Australia is an Australian citizen by birth if one of the parents are an Australian citizen.
As this is granted by operation of law, no separate application needs to be made.
However, as an Australian citizen, the child will ordinarily require an Australian passport to leave and enter Australia. You can view the Australian Passport Office website to find out how to apply for an Australian passport and what documents you need. If you need to show evidence of the baby’s Australian citizenship, you can apply online for Evidence of Australian Citizenship.
Where at least one parent is a permanent resident
Under s 12 of the Citizenship Act, a child born in Australia is an Australian citizen by birth if one of the parents are an Australian permanent resident.
As this citizenship is granted by operation of law, no separate application needs to be made.
However, as an Australian citizen, your baby will require an Australian passport to leave and enter Australia. You can view the Australian Passport Office website to find out how to apply for an Australian passport and what documents you need. If you need to show evidence of the baby’s Australian citizenship, you can apply online for Evidence of Australian Citizenship.
Where at least one parent is a temporary visa holder
If the parents hold a temporary visa (other than a special purpose visa), s 78 of the Migration Act 1958 (Cth) (Migration Act) states that the child is taken to have been granted the same visa as their parents.
As this visa is granted by operation of law, no separate application needs to be made (though the Department must be notified)
If you currently have a visa application in ImmiAccount that is not yet finalised, sign in to ImmiAccount and upload these documents:
- Form 1022 – Notification of changes in circumstances
- a colour scan of your baby’s Australian birth certificate
- a colour scan of your baby’s passport pages (showing photo, personal details, and passport issue and expiry dates)
If you don’t have an ImmiAccount, or your application is already finalised, you can notify by post the following to your nearest Departmental office.
- Form 1022 – Notification of changes in circumstances
- certified copy of your baby’s Australian birth certificate
- a certified copy of your baby s passport pages (showing photo, personal details, and passport issue and expiry dates)
We recommend you send them by express or registered post so you can track their delivery.
If you do not tell the Department about your baby:
- you cannot access Visa Entitlement Verification Online (VEVO) for your baby
- you and your baby might be delayed at the airport if your baby attempts to travel
It is also worthwhile to be aware that children born in Australia on or after 20 August 1986 automatically acquire citizenship if they have been ordinarily resident in Australia throughout the 10-year period beginning on the day of their birth. In such cases, the child will become an Australian citizen on their 10th birthday.
This provision operates regardless of the migration or citizenship status of the parent(s).
Children born outside of Australia
Where at least one parent was an Australian citizen
Children may be eligible to be an Australian citizen by descent if they were born outside of Australia on or after 26 January 1949 and at least one parent was an Australian citizen at the time of the child’s birth.
However, this process requires an application.
If your baby is eligible for Australian citizenship by descent, you will need the Australian citizenship by descent extract, before you apply for an Australian passport.
Note that a baby who is eligible for Australian citizenship (but has not yet acquired Australian citizenship by descent) can travel on a visa to Australia on a passport issued by another country. This may be done as long as the baby is not confirmed by the Department to be an Australian citizen. You could consider bringing the baby to Australia on a Visitor visa, for example.
Where at least one parent is a permanent visa holder
A child born outside Australia to an Australian permanent resident visa holder is not automatically granted a visa. This means they will need to lodge a new visa application to enter Australia.
If you wish to bring your baby to Australia as a permanent resident, you may want to consider:
- applying for a Child (subclass 101) visa for your baby
- adding your baby as a dependent on an application for a Partner visa or Prospective Marriage visa if the permanent resident parent intends to sponsor the baby’s other parent to come to Australia on one of these two visas
- alternatively, you you may wish to bring your baby to Australia on temporarily visas (such as a Visitor visa)
Where at least one parent is a temporary visa holder
A child born outside Australia to an Australian temporary visa holder is not automatically granted a visa. This means they will need to lodge a new visa application to enter Australia.
If one of the parents hold one of these visas, you can apply for a ‘subsequent entrant’ on your existing visa for your baby:
- Business Innovation and Investment (provisional) (subclass 188) visa
- Skilled Regional (provisional) (subclass 489) visa
- Student (subclass 500) visa
- Temporary Work (International Relations) (subclass 403) visa
- Training (subclass 407) visa
- Temporary Activity (subclass 408) visa
- Temporary Work (Skilled) (subclass 457) visa
- Temporary Skill Shortage (subclass 482) visa
If you hold a temporary visa other than one of the above (e.g. a Visitor visa), and you also do not have an unfinalised visa application before the Department, then you will need to apply for a new visa for your baby.
If you currently have an unfinalised visa application before the Department, then your baby will automatically be added to that application, after you have notified the Department of your baby’s birth.
Summary table
Can we conflate the above information into a simple matrix? We certainly can:
|
|
At least one parent is an Australian citizen |
At least one parent is an Australian permanent resident |
At least one parent is a temporary visa holder |
Born in Australia |
Citizen by birth
|
Citizen by birth (notification must be made)
|
Temporary visa holder at birth (notification must be made) |
Born outside of Australia |
Citizen by descent (application must be made) | No visa
|
No visa
|
Any questions?
If you seek further information about the status of your child (congratulations!), or general questions about your family’s Australian immigration status, please email our general query inbox at [email protected] or call us on +61 3 9016 0484.
Hi, my baby born in australia during processing of permanent residency. After baby born then we got permanent resident along with baby. Can I apply the baby citizenship ? OR i need to wait for residency requirement before appy for the baby citizenship?
What is the current processing time for baby citizenship application??
Hi Ramesh,
Seems like your baby was not automatically granted citizenship because you were granted permanent residence after his / her birth.
This means that ordinarily your baby will be included in a citizenship application with you (when you and your wife meet the general residence requirement).
We’ll have a lawyer contact you by email.
Hannan Tew
Hi , i am australian citizen and my wife ia permanent resident. My baby was born overseas. How can i bring my baby to Australia.
Hi Barun,
Your child can probably obtain Australian citizenship by descent (by application).
Feel free to contact us at [email protected] if you’d like to discuss.
Kind regards,
Hannan Tew
How long it takes to come baby visa
Thanks
Hi Aisha,
I’m not quite clear on your question, but processing depends on the type of visa the baby is obtaining.
Kind regards,
Hanna Tew
Hi. I have applied for citizenship for my 12 years old. I am separated from his dad long time ago. He is a special needs child. So i have been asked to provide consent from other parent. He is not in touch with us anymore for a long time. And he doesnt want to do anything to do with us. So it is compulsory to provide both parents details to file an citizenship application. Any help will be really appreciated.
Hi Aman,
This can be complex, but generally the Department is going to request court documentation relating to custody rights.
Feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi there , I am a permanent Australian resident Born and bred here . My wife I married in Nigeria 6 months ago .
Shes about to give birth in 3 months .
I want to bring her here with the baby once the baby is old enough and I go through the visa process .
I have a criminal record from 7 years ago and served some time but have not been in any trouble since . They where like robbery and extortion but no violence no sexual ect
I don’t know what I would do if that stops me from seeing my family .
I’m in regular contact with my wife of Nigeria every single day and plan going back for the birth of my baby .
Please help me , this is effecting me so bad.
Hi Mick,
I’m assuming you are asking about sponsoring your wife on a Partner visa?
In general, you will need to provide your wife with a police clearance but should to be prevented from sponsoring her.
Feel free to contact us at [email protected] to discuss this further.
Kind regards,
Hannan Tew
Hi
My son was born in NZ in 2020, I’m Kiwi. We moved to Australia in 2021 and I was granted Australian citizenship by descent in May 2021 as my mum is Australian. My husband is Irish, came to Australia on a working holiday visa and was granted permanent residency through a relationship application via me in early 2022. We’ve since had a daughter in June 2022 who is an Australian citizen. My question is, when and how can I apply for my son to become and Australian citizen? I’ve seen some things that say once I’ve been a citizen for 2 years I could apply for him to become a citizen? Is this done on the citizenship by descent application? I’m unsure which application to complete for this (I realise he wouldn’t be eligible until May 2023 if the 2 yr thing is correct). Or does he have to wait until he’s lived here 10 years like other kiwis and needs permanent residency first? Thanks in advance for your reply.
Hi Candace,
Thanks for reaching out.
As your son was born after you obtained Australian citizenship, they will most likely go through the standard pathway (obtaining permanent residency first). You can consider a Child visa for him.
Feel free to contact us at [email protected] if you’d like to discuss this in more detail.
Kind regards,
Hannan Tew
Hi Mitch. My wife and I have been in Melbourne on a student visa since 2017. A little girl was born to us in 2018. When our daughter is entitled to permanent residence or citizenship because we are not Australian residents. Thanks
Hi Mitch,
Ordinarily, your child will need to wait until you or your wife meet citizenship requirements. However, there is a provision to allow them to automatically acquire citizenship if they have been ordinarily resident in Australia throughout the 10-year period beginning on the day of their birth. In such cases, the child will become an Australian citizen on their 10th birthday.
Kind regards,
Hannan Tew
Hi,
My grandmother just got her citizen done a month ago but she has been in aus for more then 23 years under her NZ citizen, my mum was her first child and was born outside of Australia and now she’s the last of her child to move to aus, what’s the best visa for her get her permanent resident or citizenship with us her 4 kids, thank you
Hi Hosea,
Congratulations to your grandmother!
Is your mum a NZ citizen as well? Depending on when she arrived she might be able to apply directly to citizenship, have a streamlined pathway to permanent residence, or require a conventional permanent residence application (see here: https://www.hannantew.com.au/blogs/immigration/australian-citizenship-and-permanent-residence-for-new-zealanders-a-quick-as-possible-guide/).
In any case, these matters can be complex so feel free to email us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hi My son needs a passport But I need to apply for a certificate of citizenship. How can I apply for it Please . I’ve been searching websites but I’m not sure which one is the exact website
Thanks
Hi Luisa,
If your son is a citizen (but doesn’t have a certificate) you can apply through here: https://immi.homeaffairs.gov.au/citizenship/certificate/get-a-certificate
Good luck!
Hannan Tew
Hello admin
I gave birth to my baby in Victoria 9 months ago while we’re Permanent residents in Australia and now, my husband and I are due/allowed to apply for Australian citizenship.
Should I apply my baby separate application for evidence of citizenship or should I just include her in our citizenship application considering the cost of baby evidence citizenship is $240 whilst if I include her in our citizenship application, it will be free?
Hope to hear from you soon
Hi Kriz,
Thanks for reaching out.
If your child was born in Australia whilst you held permanent residence, they are likely an Australian citizen by birth under s 12 of the Citizenship Act.
In this case, they won’t need to be included in your citizenship application, but will need to apply separately for evidence of their citizenship through here: https://immi.homeaffairs.gov.au/citizenship/certificate/get-a-certificate
Hope that helps!
Hannan Tew
We have our PR,and are expected to travel in a month.I am expecting a baby already and will be deli ered in Australia.
Please tell me Is my bany’s delivery and medical care covered by medicare or will i be charged for delivering baby?
Hi Anhum,
As a permanent resident you are eligible for medicare, and what Medicare covers is listed here.
Hope that helps.
Kind regards,
Hannan Tew
Hi, i am an international student. i got pregnant by my bf who is a citizen but then we broke up recently while im pregnant. My duedate is on february nextyr. Do i still need the acknowledgemnt of him in my childs birth certificate to get an australian citizenship? thanks
Hi Gwen,
By itself, a birth certificate that includes the name of an Australian citizen as the parent of the child is not definitive evidence of parentage. Decision-makers therefore assess additional evidence of the circumstances of the child’s birth, such as medical records, birth records, photos of the parents and evidence of the relationship between the Australian citizen and the claimed other parent.
Feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi, my child was born in the US and I am permanent resident in Australia. Can I bring my child to Australia as a permanent resident?
And how much time it’ll take application to get processed?
And can I bring my child temporary until they decide on permanent residency?
Hi Rigved,
Thanks for getting in touch.
Unfortunately as your child was born overseas to permanent residents, he / she is not automatically granted a visa.
You could consider a Child visa (see here).
The processing times are about 2 years at this point in time (bearing in mind that COVID-19 has significantly impacted processing times).
You could apply for Visitor visas to bring your child over to Australia in the interim.
One of our lawyers will be in touch to see if we can assist.
Kind regards,
Hannan Tew
Hi Admin
I am permanent resident , but my son born out of Australia
Now I applied for a permanent residency visa for him
He has an health issue, so I need to apply for a health waiver
If in first step I fail to have the waiver can I apply again?
Hi Somayyeh,
Sorry to hear about your son’s health condition.
There is nothing stopping you from lodging a further visa offshore, but you’ll probably face the same issues and lose your lodgement fees.
The best approach is to speak to a specialist in that health sector so you can prepare the best possible waiver.
Feel free to contact us at [email protected] if you’d like to discuss further.
Hannan Tew
Thanks for the comments; once the baby comes to Australia under a Visitor Visa, have you experienced any need for Medicare or Health Insurance for the baby? I understand that the baby would not be suitable for Medicare if he/she arrives in a Visitor Visa. Is there any recommendation on getting some sort of health insurance while waiting?
Hi Alisson,
Your baby may be eligible for Medicare by simply applying for a Child visa onshore (see here: https://www.servicesaustralia.gov.au/individuals/subjects/how-enrol-and-get-started-medicare/enrolling-medicare/if-youre-australian-permanent-resident). Feel free to email us at [email protected] if you’d like to speak to one of our lawyers.
Kind regards,
Hannan Tew
Hai this is Naveen Kumar Kokku my wife is a pregnant i am on 485 visa.If my wife born a baby here can i get the Australian Citizen after my baby 10th birthday
Hi Naveen,
Firstly, congratulations on the birth of your baby!
Secondly, to be granted Australia citizenship on the children’s 10th birthday, they must satisfy the “ordinarily resident” requirement. That is, they must demonstrate that they are not residing in Australia temporarily so that their parents, for example, complete their studies or for any other temporarily reasons. They will be required to prove that they see and call Australia home. It’s a bit complicated, so if possible, it is usually easier for you to obtain citizenship on your own behalf (using for example, skilled visas). One of our lawyers will be in touch to see if we can help.
Kind regards,
Hannan Tew
Hi I’m Lisa and I’m having a baby with a permanent resident please will I be able to apply for PR through my newborn baby if I’m on a student visa?
Hi Lisa,
Thank you very much for your comment – and congratulations on the birth of your child!
If your child is born to a permanent resident in Australia your child will automatically be granted citizenship. In this case your child can certainly sponsor you on a Parent visa. However, this can be a lengthy and expensive process. A better option might be to apply for a Partner visa on the basis of your relationship to the permanent resident Australia?
One of our lawyers will be in touch to see if we can help.
Kind regards,
Hannan Tew
Hello there, I m baby is citizen in Australia he is 2 years now, but I m on protection visa, did I can apply anything behalf of my child, thankyou
Hi Manveer,
We would need more information to see if we can help you – please contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hello. I have same situation as above. So what kind of visa holding that approve to apply for citizenship after kids will get their citizenship in 10 years? How ca we demonstrate tha Australia is our home? Can we have mortgage?
Hi there, my child’s mother went to Thailand to have my child this year as we weren’t in a relationship and she didn’t have sufficient income. She had seperated from her partner where she was on a partnership visa, so had to cancel. I know I can apply for my child’s Australian citizenship automatically but what is the best way she can follow him to Australia?
Hi Ellis,
You have two main options:
(a) apply for a Partner visa for the mother if you are in a genuine relationship with her; or
(b) once the child is an Australian citizen consider a Parent visa (noting this can be a very costly process).
Feel free to contact us at [email protected] if you’d like to discuss this further.
Have a lovely end of year break,
Hannan Tew
Hi just a quick question. I am a Austrailian citizen my kids where born in New Zealand . we have lived in Australia for 10 years are they classed as permanent residence?
Hi Troy,
Thanks for your comment.
Were you an Australian citizen when your children were born overseas? If so they would generally be eligible for citizenship (but would need to make an application).
In any case, they must have had a passport to travel to Australia – was that an Australian passport or a foreign passport?
One of our lawyers will flick you an email to determine more specifically what the situation is and whether we can help.
Kind regards,
Hannan Tew
Hi I’m a student/worker and I don’t have permanent residency in Australia but I was wondering if I have a child with an Australian that was born here would that grant me PR..Thanks.
Hi Arash,
Your child being born here will generally have the same immigration status as you so ordinarily won’t impact your permanent residency. However, children born in Australia on or after 20 August 1986 automatically acquire citizenship if they have been ordinarily resident in Australia throughout the 10-year period beginning on the day of their birth. In such cases, the child will become an Australian citizen on their 10th birthday. If that is to happen, then they could sponsor you on Parent visas (though this is quite an expensive process).
Feel free to email us at [email protected] if you’d like to discuss this fruther.
Kind regards,
Hannan Tew
Hi! My husband is an Australian citizen and iam permanent resident. Iam having a baby in Australia which will automatically be granted citizenship. Will it lessen my time of spending 4 yrs in Australia for getting an Australian citizenship or not?
Hi Shaista,
Thank you for your comment (and congratulations on the pregnancy!).
Having a child will not ordinarily allow you to reduce the overall general residence requirement but under (see: Ministerial discretion – Spouses and de facto partners (s22(9) and s22(10))) you might be able to treat periods offshore as periods onshore.
If you’d like to consider your options, feel free to email us at [email protected]
Kind regards,
Hannan Tew
My son is born In Vietnam his father is Australian citizen is that mean my son can travel to Australia as a Australian citizen automatically in his passport? Me an my partner we planning to get married when I come to Australia with my son .me and my partner we had wedding ceremony last year do become automatically Australian citizen when I travel to Australia?
Hi Trang,
Unfortunately he will not automatically be a citizen (though he is likely to be eligible for citizenship by descent).
Feel free to contact us at [email protected] if you’d like to discuss.
Kind regards,
Hannan Tew
Hi, our situation is a little complicated. My husband and I are currently skilled work visa holders and will be lodging our PR application by this year. Our baby is due to arrive in February. We intend to register our baby as a Singaporean citizen. 2 questions: a) If we have successfully been granted PR before his birth, can we opt to apply for PR for the baby instead of AUS citizenship as Singapore does not allow dual citizenship? b) If our PR application is still pending, does the baby get included in this application for free?
Hi MP,
Thank you very much for your comment on our article regarding citizenship.
Noting that we are not Singaporean immigration lawyers (and thus cannot accurately advise on the validity of dual nationality), your child’s Australian status is as follows:
1. If your child is born while your PR application is processing – your child will be granted the same visa as you (s 78 of the Migration Act), and be taken to apply for the same visa as you (regulation 2.08 of the Migration Regulations). This means you do not need to pay another fee;
2. If your child is born after your PR application is approved – your child will be an Australian Citizen by birth (s 12 of the Australian Citizenship Act).
In relation to situation 2, there are probably a couple of considerations for you including that your PR application cannot be approved until after you’ve completed your health examinations (which I’m assuming you would not want to do until after you’ve given birth as it involves a chest x-ray).
Additionally, your child can renounce their Australian citizenship if it would deprive them of obtaining Singaporean citizenship – your child could potentially obtain Australian permanent residency on the basis of being a former Australian citizen.
Hope that provides some guidance, but feel free to get in touch if you have any further questions.
Kind regards,
Hannan Tew
Hi Admin,
I was on a student visa in Australia at the Top End (Northern Territory) when my son was born to an Australian Indigenouse woman after a casual relationship. He is 9 years old now and still living with his mother in Darwin since birth. I am back in my country of origin and I would really love to be close to my son because I miss him so much. It has been 4 years (2017-2021) since moving back to my country due to my visa running out. His mother and I remained in contact with each in Darwin and still maintain contact after I left through Facebook, although not very often. It is my son’s rights to have both his parents present to raise him. As a foreign parent, do I still have a fighting chance to return to Darwin and be close to him? Do I qualify for a Permanent Residency? What kind of visa options would best suit my situation?
Kind regards.
Hi Eric,
I’m sorry to hear about your circumstances.
From an immigration point of view, you could consider either a partner visa (if you are still in a relationship with the mother) or a Parent visa.
I see you’ve emailed us so one of our lawyers will reach out to see how we can help.
Kind regards,
Hannan Tew
Hello,
My partner and I are Australian citizens living in the UK and we have a 10-month old child who was born in the UK and has British Citizenship.
We would like to repatriate and I have been offered a job in Perth starting in the next couple of months. As the citizen by decent processing time is 4-6 months we plan to do this in Australia. Our problem is the tourist eVisa which is quick and easy to get only last 3-months so our daughter’s visa will run out before we can get her citizenship. The next possibility is a 6-12 month visitors visa but the processing time for this is 3-4 months and so my pattern and daughter will have to remain in the UK until this is granted and thus we will have to be apart for several months.
We have travel exemptions from the WA police to travel and will quarantine on arrival. Again my partner will have to do this alone.
It seems crazy there is not a visa for our situation. I would imagine there are many Australians living abroad with children born in that county having to move back to Australia at short notice because of job offers. However as far as I can see there is no way we can do this without being forced to spend time apart as a family. Or is there a visa I am missing?
Hi Adam,
Thank you for your comment and we’re sorry to hear about the inconvenience you are facing.
A couple of points:
(1) For immediate travel to Australia, unfortunately the eVisitor visa is probably going to be the most appropriate at the moment. If towards the end of the 3 month stay period, you’ve still not heard from the Department regarding the citizenship application, you can apply for an onshore Visitor visa to extend your child’s stay period for a longer duration (so you won’t have to leave 3 months in). Your child will receive a bridging visa that’ll enable them to stay in Australia until a decision is made on the onshore Visitor visa application.
(2) Re citizenship, the processing times indicate that 75% of citizenship by descent applications are processed in 4 months or less. It’s generally a relatively straight forward process if you have all the appropriate documentation (i.e. your child’s birth certificate, evidence of you and your partner’s identity as Australian citizens etc.) so it should not take that long to process. The main point is to submit as soon as possible!
One of our lawyers will be in touch to see if we an help with any of the above.
Kind regards,
Hannan Tew
Hi there,
My situation is a little complicated I guess. I am an Australian citizen living in Dubai ATM. My husband is a SriLankan Citizen and we have applied for his 309 partner visa which is still under process. I am currently expecting and the baby is due in March 2021. Once the baby is born here in Dubai will the baby be automatically added to my husband’s application? or should i still apply for a new application for the baby?
Also if it’s a separate application (Citizenship by Descent) can I still get an Australian birth certificate for the baby here in Dubai? The processing times for this application is 4 to 8 months and here in UAE there is a time limit of 120 days in which we have to lodge for a residency visa for the baby. Meaning that if we don’t have a passport within 120 days we will basically be fined each day. Hope you can help me with this.
Many Thanks.
Hi Sara,
As you are an Australian citizen, the best approach might be to apply for citizenship by descent for your child. Your baby would not be issued an Australian birth certificate (but an Australian citizenship certificate).
Your matter can be more complex, so feel free to book a consultation with us to discuss further: https://www.hannantew.com.au/initial-consultation/
Kind regards,
Hannan Tew
Hi my name is pardeep, we come Australia in 2009 , we are on bridging visa, my son born in January 2012, is he eligible for australian citizenship 2021 , we continuing living in Australia
Hi Pardeep,
Thank you for taking the time to read our article on citizenship. In short, a person born in Australian is an Australian citizen by birth if they are ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born. So if your son was born in January 2012, he would be a citizen by birth in or around January 2022 (on his 10th birthday) if he was ordinarily resident in Australia throughout this time.
Feel free to get in touch with us at [email protected] if you have any further questions.
Kind regards,
Hannan Tew
Hi,
I am an Australian citizen currently living in Germany and expecting twins in March 2021. My partner is german and with everything going on, originally i was to come home to have the birth but due to COVID19 its seemingly safer and easier to do it in germany and then go to Australia. After the birth as soon as I was fit I would like to fly, we want to move back to Australia and move home. My partner has a visa, but it said that the citizenship by decent can take 4-6months… which is longer than I want to wait plus 3-4 weeks for their passport, which is longer than I want to go home, especially since i wanted to be home at the start of 2021 orignally. Is there another way I can bring them to Australia and then apply for their citizenship? or apply and then fly with their german citizneship and switch their citizenship (or add to the dual citizneship) whilst in Australia? Or can they get their citizenship and then fly to australia without an australian passport? Because thats another month of waiting time. Because they will automatically have a German citizenship too. I just want to bassically go home as soon as possible but the citizenship procress for them seems to make it way more complicated and longer than planned.
Thanks in advance.
Hi Taylor,
Thanks for your comment on our article and congratulations!
As you correctly mention, the processing times indicate that 75% of citizenship by descent applications are processed in 4 months or less. It’s generally a relatively straight forward process if you have all the appropriate documentation (i.e. your child’s birth certificate, evidence of you being an Australian citizen etc.) it should not take that long to process. You can either start the process once your child is born (to get the clock ticking) but ensure you put the postal address of a friend or update the Department in the middle of the process to ensure that the Department will post your child’s citizenship certificate to the correct address. Alternatively, if your child gets a German passport after birth, your child could apply for an eVisitor visa to make entry into Australia then apply for Australian Citizenship. The eVisitor is quick and cheap to obtain and will enable your child to come to Australia immediately. This visa is valid for 12 months and would permit the holder to remain in Australia for 3 months from date of first entry. One our lawyers will be in touch to see if we can help.
Kind regards,
Hannan Tew
What about the parents visa status after 10 years later ? Can child cn visit his/her country ?
Hi
Me and my family we have PR visa I applied for Australian citizenship a year after my wife and my son went back to Greece.
When I became an Australian citizen can my son take the citizenship to? even if he is living overseas for the last two years?
he is 9 years old and he still has valid PR visa.
I’m not divorced with my wife we still married.
Hi Stavrakakis,
Thanks for your comment.
If you applied for citizenship on your own (without your family members included) they won’t automatically be granted Australian citizenship and will usually need to make their own separate applications. Feel free to get in touch with us at [email protected] if you’d like our assistance to consider their options.
Kind regards,
Hannan Tew
Hi my baby was born last 2018 and we are on the working visa at that moment ,and now we got the permanent residence visa just this month . So what will be the visa for my baby now is it permanent visa or he will be an australian citizen ? Thankyou
Hi Rochelle,
Broadly speaking: (a) at birth, they would have had the visa you had (b) during your permanent visa application, you should have included them in your application such that they now also have permanent residence (c) your child would only be a citizen if they were born after you obtain permanent residence, which does not seem to be the case.
Feel free to ocntact us at [email protected] to consider in more detail.
Kind regards,
Hannan Tew
Hi,
My baby born in Australia in 2016 and we are on student visa.. IS my son is eligible for PR.
Thanks
Hi Richa,
Thanks for your comment.
We’d need more information then that to determine if there are any options (but most likely not based on just being your child and born in Australia alone).
Feel free to email us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi I’m an Australian Citizen and my gf is a Japanese citizen. If our baby will be born in Australia will my girlfriend be able to apply for a special visa to stay in Australia to look after our baby? Sadly I can’t sponsor my gf anymore since I have already sponsored twice. So right now we can only do tourist visa. Cheers.
Hi Jeffrey,
Thanks for your comment.
If your baby is born in Australia your baby will ordinarily automatically obtain Australian citizenship (by being born to you).
You could then consider a Parent visa for your wife.
Feel free to contact us at [email protected] if you’d like to discuss this further in a consultation.
Kind regards,
Hannan Tew
Hi Jeffrey,
How did things turn out? I am in a similar situation and just wondering how you managed the situation. Would be great to be able to help each other in this regard.
I hope everything went well.
Hi,
My wife and I have been applied for permanent residency visa in May 2020 and our application is still in the process. I have reported the birth of my child by sending them the Australian Brith Certificate as they want this to add baby to our application and they issued a bridging visa for her just like us. But as we got Australian Marriage and the baby is born here in Australian and we do not have any overseas ID or passport for our child. So what will happen when the application is finalized and it comes to issuing a permanent residency visa for our family? Do we need to provide an Overseas passport for our child so that she could be added to the permanent visa once finalized? I mean is having overuse passport a mandatory document for even kids born here in Australia.
We do not have any plan to travel to oversee at this stage we, do need to a passport for her for travelling overseas.
I would be appreciated if you could give me help with that. I am always suggesting your website to all my friends and i found it really helpful and a very good lawyer. I do not need a lawyer as the visa is already lodged.
Thanks,
Hamed
Hi Hamed,
Thanks for your comment.
As one of the key requirements for granting a visa is to evidence identity, we’d recommend you obtain a passport for your child by contacting your embassy. Once you obtain the passport you can simply update your pending application.
All the best,
Hannan Tew
My wife and I lodged for 491 temporary residence visa in November 2020, but now we are expecting a baby in July 2021. My question is if our visa is granted before the birth of the baby can we apply for visitor visa for our baby and lodge the 491 visa application for our baby while baby is in australia?if yes can baby get bridging visa until the visa granted?
Hi Jibin,
Are you onshore or offshore?
Once you come onshore on the 491 visa if you give birth to your baby they will automatically be granted the same visa (you just have to notify the Department).
Feel free to email us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hello we have TSS 482 visa and living in Australia. We are planning to have baby in 1-2 years while we are on TSS 482. My question is, if we have our baby with our TSS 482 and then apply for a PR visa, our child would be a citizen? Since he/she will be born in Australia and his/her parents will be PR? (Not by the time of the birth but eventually)
Hi Joseph,
Thanks for your comment.
If your child is born whilst holding a TSS visa in Australia (prior to you obtaining PR) the child will have a TSS visa. The child will not transition to citizenship after you obtain your PR (they would need to go through the same process as you and apply for citizenship). The rules are at the time of birth.
Kind regards,
Hannan Tew
Hi,
Me and my wife are Australian PR holders (189) .We have made a Visa validation trip and are currently outside australia.
we now have a child born outside Australia.
Considering the processing time of upto 2 years for child 101 visa.
Can I Bring my child on visitor visa and then apply for his Permanent residency i.e (802) visa while he is inside Australia.
Thankyou
Hi Khalid,
Thanks for your comment, and yes, you can.
Feel free to get in touch with at [email protected] if you’d like our assistance.
Kind regards,
Hannan Tew
Thankyou for the Prompt reply.
Kind regards.
khalid
I am a Canadian student and my husband is an Australian citizen.
I gave birth in Canada. However I want to go back to Australia to study law. Is it mandatory that my child gain the citizenship by decent? I don’t want her to become an Australian citizen until I also get this citizenship. Can she travel with me and my husband on an e visitor visa or under my student visa ?
Hi Ashlen,
Thanks for your comment.
It’s not compulsory for your child to apply for citizenship by descent. She can travel to Australia prior to citizenship with another visa (e.g. E-Visitor).
Feel free to contact us at [email protected] if you’d like our assistance.
Kind regards,
Hannan Tew
Hi my daughter was born in Australia in 2002 and she has a birth certificate from Australia. At that time I was in a student visa. Then I went back to my country in 2004. Later on again I came to Australia for study and my daughter stayed with us for more than 2 years (2010-12). We got PR in 2014. Now our PR completed only 1 and half years. Can my child get a residency exemption as she was born here to apply for Aus Citizenship?
Hi Farhana,
Thanks for your comment.
Unfortunately citizenship requirements generally do not have residency exemption on the basis of your child being born here.
Feel free to contact us at [email protected] if you require further assistance.
Kind regards,
Hannan Tew
Good day! I’m messaging in hope that you can help or answer me with my questions. I am A Filipino Citizen with a 1 year old daughter who acquired her Australian Citizen by descent last year (March). She have both Philippine passport and Australian Passport. We were supposed to Visit her father last year when my tourist visa was granted but because of Covid we had to wait for the restrictions and travel ban to ease. I already booked a return flight this January 24- April and will be getting her an ECC-A before the flight. Will I have a problem at the Immigration because she’s going to use her Australian Passport. Before I applied for my tourist visa my husband called the Australian Immigration in Australia and asked if I need to put her in my application,they said that I don’t need to because she’s already an Australian Citizen and has Australian Passport. I hope you can answer me. Thank you and I’m hoping for your kind response. Have a good day!
Hi Angela,
Generally speaking, Australian citizens are exempt from the current travel restrictions so do not require applications prior to travel. However, you need to apply for an exemption and have this approved before you travel. You can read more about this information here: https://covid19.homeaffairs.gov.au/travel-restrictions
If you require our assistance, please feel free to contact us at [email protected]
Good luck!
Hannan Tew
Hello,
I am an Australian citizen who is married to a German citizen (she has been granted an Australian permanent residency visa) and we have an almost 3 year old daughter.
Before we sent off the application for my wifes permanent recidency visa I sent an application for citizenship by descent for our daughter. Although my wifes application was approved, 8 months after applying for it my daughters application is still in processing. This is a problem as we would like to move to Australia mid-way through this year (2021).
Is there any way we could bring her to Australia while her application is still in processing?
Hi Caleb,
You will probably be able to bring your daughter over earlier with an e-Visitor visa (assuming she has a German passport) if it is urgent.
However, ideally the citizenship application is processed prior to that as the e-Visitor visa might be granted with a limited stay period.
Feel free to contact us at [email protected] if you require specific advice.
Kind regards,
Hannan Tew
My wife and I are off shore permanent residency holders based on visa 189 and yet to travel to Australia.
We recently had a baby outside of Australia and it appears I need to apply child 101 visa for the baby to enter Australia. Can it be applied online from immiaccount or does it have to be a paper application and to which address
Hi Saad,
Child visa applications must be paper based (not online).
The address details for the Child visas are listed on the application form: https://immi.homeaffairs.gov.au/form-listing/forms/47ch.pdf
Feel free to contact us at [email protected] if you’d like our assistance.
Kind regards,
Hannan Tew
Hi,
I am an Australian living in Singapore for the past 5 years. I have a 3.5 year old son who was born in Singapore and lived there his entire life but has Australian citizenship. His mother (who I am no longer with) is also based in Singapore but is US citizen. We all want to move to Australia, but I believe the wait times for contributory parent visa’s are 3 or 4 years, and to be eligible I believe the child or sponsor needs to be resident in Australia for the prior two years. I feel this is a catch 22 unless I move to Australia with my son and my ex spends the next 5 years back-and-forth on tourist visas? Am I missing something here?
Thanks in advance for any help you can provide.
Hi Brad,
That’s right only “settled” Australians can sponsor on parent visas.
She can consider alternative visas to Australia but I assume the Partner visa is not feasible as you are separated. In this case the long term Visitor visas may be the best approach (but this wouldn’t have things like work rights).
Feel free to shoot us an email at [email protected] if you’d like to discuss this further.
Kind regards,
Hannan Tew
Hi ,
I am an Australian citizen and my husband is permanent resident in Australia and citizen of different country . We had a baby and We don’t want to make our baby a citizen of Australia, we just want to make him permanent resident only .
Which form should I fill in ? Is it possible to apply only PR for my baby not citizen?
Hi Bunu,
I’m assuming you’re overseas (otherwise the child would have automatically been a citizen).
If overseas, you can choose to apply for a Child visa offshore which would eventually grant permanent residence, and maintain residence through RRVs.
Feel free to get in touch if you’d like our assistance.
Kind regards,
Hannan Tew
good morning
i am mitesh patel my baby born in australia that time ihave student visa some medical condicton my helth is not good so i send my baby to my country 3year and they come back in australia so after 10 brith day i can qapply citizen ship my baby please give me reply now iam holding protencesn visa subclsas 866
thanks give nme reply soon as soon posible thank
Hi Mitesh,
We’d need more information to assist but please go ahead and contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Me and my husband is living in Australia , and I m on a student visa . I have born a baby girl last year . Would she be citizen by birth? What about us would get Pr as on her basis in near future?
Hi Rupinder,
If you are a student visa holder then your child will ordinarily get the same visa as you.
To consider your PR eligibility, feel free to shoot us an email at [email protected]
Kind regards,
Hannan Tew
What about after 10 years later on status for my child ? We don’t able to get PR
.? As u know it every year in July visa rules n conditions does changes ?
We have lodged a citizenship by descent application for my son and he is currently in Australia on a 3 month vistor visa (subclass 601). His citizenship may not be approved in time before the travel visa expires. Is there a way to extend his visa (for example with a bridging visa) or do we need to apply for a different type of visa so he can stay beyond 3 months?
Hi Kristina,
There’s no extension visas in Australia so you do need to apply for a further visa for him to stay (which could grant a Bridging Visa).
Options might be the Covid 408 visa, the Visitor visa, or a Child visa.
Feel free to contact us at [email protected] if you’d like to discuss.
Kind regards,
Hannan Tew
Hi, My parents came to Australia with a DFTTA and 10 days later I was born and at that time they weren’t citizens. They got citizenship 2 years later but I didn’t get one or my name wasn’t at the back. Do I need one to work in Australia as it says for a right to work you need a Australian birth certificate which I have and evidence your parents were permanent resident or citizens. So do I need to apply for a citizenship I also heard that On a condition that the child was born in Australia and has lived in Australia for 10 consecutive years, the child may automatically acquire an Australian citizenship on his/her 10th birthday regardless of the parents’ citizenship or immigration status is this correct. Thanks
Hi Alek,
If your parents came to Australia on a permanent visa, you might have automatically obtained citizenship in which case you can obtain a proof of citizenship certificate.
You might also be able to apply for proof of citizenship if you were born in Australia on or after 20 August 1986, and you were ordinarily resident in Australia for the first 10 years after you were born.
Feel free to contact us at [email protected] if you’d like to discuss your specific situation in more detial.
Kind regards,
Hannan Tew
Hi, I have two daughters who were born in Papua New Guinea and I am their mother who is an Australian citizen at the time of birth and I am trying my best to bring them to Australia and it’s been two years now. As a mother what are my rights?
Hi Velman,
At first glance, the best approach might be to apply for citizenship by descent.
Feel free to contact us at [email protected] to see how we can help.
Kind regards,
Hannan Tew
Hello!
My situation: I’m pregnant of an Australian Citizen (we are not a couple), my baby is due in December 2021 and I have Student Visa 500 until March 2022.
I know that my baby, is going to be Australian by birth, but my question is, what is going to happen with my visa status? I have no interest to marry the guy or so, I just want to stay here with my baby (I’ve been living in Australia for 4 years now).
Thanks a lot!
Hi Andrea,
Once your baby is born you might be able to consider a Parent visa see here: https://www.hannantew.com.au/australian-immigration-services/parent-visas
Feel free to email us at [email protected] if you’d like to discuss.
Kind regards,
Hannan Tew
Hi!
I had my daughter in Australia in October 2020. My partner and I are NZ citizens, therefore we fall under the Protected SCV visa holder. I was wanting to apply for an Australian passport for my daughter so we can travel back to nz. I have her birth certificate. Am I able to apply for a passport or does she need an Australian citizenship certificate? As far as I am aware, she was an Australian citizen by birth as both my partner and I are permanent residence in Australia due to the trans-tasman agreement. Would I need to apply for a citizenship for my daughter or can I just apply for her passport?
Thank you!!
Hi Shania,
Whether or not you are treated as a permanent resident will actually depend on the date you arrived in Australia.
You can read more about this here: https://www.hannantew.com.au/australian-citizenship-and-permanent-residence-for-new-zealanders-a-quick-as-possible-guide/
We’d need to assess this in more detail to determine your child’s circumstances, so feel free to contact us through [email protected] if you’d like to discuss.
Hannan Tew
Hi, Me and my wife are permanent residents of australia (189) and are currently residing outside Australia – My wife is expecting a baby by end of this year (Dec 2021), and we intend to travel to Australia soon after the child’s birth (the mother was advised not to travel in this stage owing to medical reasons).
We know that we can apply for Subclass 101 Child Visa for the baby, however, that would take about 20-24 months of processing time, and our PR travel exemption is valid only until Mar 2023.
Therefore, literally it is risky to be applying for a Child Visa (101) and then travel, as we might end up not being able to travel itself.
Alternatively, we understand that we might be able to take a Visit Visa for the baby, and then apply for Subclass 802 Child Visa while in Australia.
Can you kindly suggest as to whether this is the best alternative way, or is there any other way to bring the child to australia along with us ?
Also, can you clarify below?
1. Whether it would be possible to apply for a visit visa for the baby in Australian Embassy in India in this COVID timelines?
2. Whether the baby can actually travel along with the PR parents to Australia on visit visa, on compassionate grounds?
3. say, the baby was issued 6 months of visit visa, would it be possible to apply for 802 subclass visa immediately once we land there?
4. Since no average processing time is mentioned for 802 visa, can it be fast tracked to be issued before the visit visa duration expires ?
5. In case the visit visa duration expires, based on the 802 bridging visa applied, can the baby continue to stay in the country until the visa is issued ?
Eagerly Looking Forward for a quick and positive response in this regard.
Hi Naufal,
Seems like you need a consultation to discuss your matter in more detail.
Feel free to contact us at [email protected] to discuss.
Kind regards,
Hannan Tew
Hi,
We both parents are Australian permanent residents and we had our baby born here in Australia. So how did I notify the department to get him the citizenship (We have his birth certificate and did not apply for an Australian passport)?
Hi Anju,
Your baby is likely automatically an Australian citizen.
You’ll need to get evidence of this through here: https://immi.homeaffairs.gov.au/citizenship/certificate/get-a-certificate
Good luck,
Hannan Tew
Hello
First of all, thank you for all this information and answering all these questions!
I am a dual Danish/Australian citizen, came to Denmark to spend time with a very sick family member and have had my baby here in March. He has Danish citizenship and a passport now, my husband had to go back to Australia in March as he works for the ADF Air Force, we would like to go back home as well and we have applied for a eVisitor visa and plan to apply for his citizenship by decent once we get there but currently the processing times are 5 months on the visitor visa. We applied in April and it said 3 months wait, what can we do to help the process what are our options? We have a ticket booked for the 1st of July. Do you have any experience with the processing time of these visitor visas at the moment? Thank you in advance,
Liv
Hi Liv,
An e-Visitor is usually processed within 2-3 days but requires your child to obtain a travel exemption (which you can do through here: https://covid19.homeaffairs.gov.au/travel-restrictions).
If you’d like our assistance, feel free to contact us at [email protected]
Kind regards,
Hannan Tew
I am Australian born to two migrants who both had temporary visas, I was conceived in Greece to a man who is not the name on my birth certificate. What is my status when I don’t know my foreign biological father and my mother’s origin is Polish? I’m 34 and I’ve never left Australia.
Hi Anna,
You might actually be Australian since children born in Australia on or after 20 August 1986, who did not acquire Australian citizenship at birth, automatically acquire it if they have been ordinarily resident in Australia for ten years. If this is the case, you can apply to the Department for a proof of citizenship certificate. Feel free to contact us at [email protected] for further information.
Kind regards,
Hannan Tew
Hi . I am a bridging visa holder . I want to ask if im pregnant and will give birth in australia . Did i should cover all the hospital bill by myself ? And let say i will stay here for long time . How about my child school is it free or i should pay all by myself ? Thank you
Hi Benna,
Access to Medicare is usually restricted to bridging visa holders with work rights.
Students at that age can usually study for free (or with a minimum contribution) but you need to confirm with the relevant school.
A list of relevant contacts is here: https://www.hannantew.com.au/a-welcome-guide-congratulations-on-your-tss-visa-grant/
Good luck!
Hannan Tew
Hi, my husband is an Australian citizen and my baby was born in the Philippines. Does my baby needs to stay in Australia to apply for citizenship by descent?
Hi Charlotte,
The good news is that citizenship by descent applications can be made even if the child does not live in Australia.
Feel free to contact us at [email protected] if you’d like assistance with this.
All the best!
Hannan Tew
Hi,
My child was born oversea and he already had an Australian passport. we’re planning to return to Australia soon. However this is the first time my child travel with his passport, is there any requirement that we need to do for him to enter Australia for the first time?
Thanks and Regards,
Hi Marilyn,
Thanks for reaching out.
Assuming your child has a valid Australian passport and citizenship, he is permitted to enter Australia.
You’ll have to quarantine on arrival and undertake pre-departure steps listed here: https://www.smartraveller.gov.au/covid-19/trying-get-home/covid-19-re-entry-and-quarantine-measures
Good luck!
Hannan Tew
Hi Team,
I and my son (4 years old) are on Australian PR since Oct 2017. However due to some personal reasons and Covid travel restrictions I could not bring my child to Australia.
I’m staying in Australian Since October 2018 and I will meet the Citizenship criteria by Oct 2022.
So my question is – If I can get my child here in Australia by Nov 2021 then whether he will be eligible to apply for citizenship with me next year? (keeping in mind that my child does not meet the ‘4 years of stay in Australia’ criteria while applying for citizenship in oct 2022 )
Hi Anoop,
Yes, generally your child can still be included as a dependent on your application for citizenship (even if they don’t meet the residence criteria).
Good luck!
Hannan Tew
Hi,
At the time my baby was born I was PR
But I’m citizen now.can I apply for citizen for my child?
She is in overseas and under 2years
Thanks
Hi Jerry,
Sounds like your child would be eligible for citizenship by descent.
Feel free to email us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi, I got my citizenship by descent in 2018, lived here in Australia for 2 years, are there any eligibility for my kids on residency or citizenship.
Hi William,
That depends on your circumstances (e.g. are they living with you?).
Feel free to shoot us an email at [email protected] if you’d like an assessment.
Kind regards,
Hannan Tew
Hi,
My wife and I are offshore permanent residency holders based on visa 124 and we have not made our initial entry to Australia yet.
We recently had a baby outside of Australia. Is it possible for us to sponsor our child with visa 101 given that we haven’t entered Australia yet?
Thanks
Hi Alvin,
The 101 visa does not actually required a “settled” permanent resident parent so you should be able to sponsor them even if you haven’t made initial entry.
In case you are unable to enter before your first entry date, you should refer to the following: https://immi.homeaffairs.gov.au/help-support/departmental-forms/online-forms/travel-facilitation-letter-request-form
Good luck,
Hannan Tew
hi, I am an Australian citizen who lives overseas in Italy, who had a baby, I would like to come back to Australia for good. I had my baby through surrogacy. I am illegally separated from my husband for more than 2 years and he has no problem for my baby and me to move to Australia.. Can I apply in Australia for citizenship by descent? o another visa. I will apply for e visa for the baby to travel to Australia..Can u tell me my option? My baby has Italian citizenship now.
Hi Sonia,
Section 8 of the Citizenship Act does indicate that surrogate births can be included as a citizenship by descent provided certain criteria are met (http://classic.austlii.edu.au/au/legis/cth/consol_act/aca2007254/s8.html).
In that case, you might be able to apply for citizenship by descent for you child.
This can be complex though, so feel free to email us at [email protected] if you’d like to discuss this in more detail.
Kind regards,
Hannan Tew
Hi i am currently in student visa (subclass 500) and i am pregnant with my boyfriend. My country doesn’t give citizenship without an evidence of marriage certificate. And my boyfriend is separated but yet to get divorced so its not possible for my child to get a citizenship of my country. I am thinking to send him back to my country applying one way travel document. And is it possible to bring him back when i get my citizenship? Is it possible to apply for my son’s passport when he is not here?
Hi Anushka,
Though we can’t comment on his eligibility for citizenship in your country, his citizenship by descent can be made as long as one of his parents are Australian citizens which may be possible even in cases where you aren’t married. So, if your boyfriend is an Australian citizen this still might be feasible.
Feel free to contact us at [email protected] if you’d like further information.
Kind regards,
Hannan Tew
Hi. My husband is an Australian citizen. I gave birth to my baby overseas after I was granted partner visa subclass 100. I have not made the initial entry to Australia on partner visa 100 yet. Do I have to let immigration know about the child birth? If yes, then how? We have already applied for his citizenship by descent application. Thank you
Hi Saria,
Firstly congratulations on your growing family.
You don’t need to make any further notification to the Department (applying for citizenship by descent is sufficient).
Good luck!
Hannan Tew
Hi. Thank you for your reply.
I had a double grant for subclass 309 and 100 partner visa while in my home country. I never been to Australia. My child was born after the double grant . My grant letter says to inform any changes to my circumstances including name,address, passport, contact details or family members through form 1022. Form 1022 states that it do not needs to be filled about changes if the visa was granted outside Australia and the visa holder is immigration cleared. Since I did not made the initial entry to Australia, I’m not yet immigration cleared.? So do I have to fill the form 1022 about my child birth.my husband already applied for his citizenship by descent application. Sorry for the long post
Hi, I recently applied for and was granted Australian Citizenship by descent. I also hold a New Zealand passport. Is there anyway my young children can get citizenship too? I had my kids before I got my citizenship by descent ( did not know it was possible! ). I have spent a couple of years in Australia previously, although not concurrently, as a child and as an adult. Thanks so much.
Hi Gina,
Congratulations on your citizenship!
If you did not include your children in your citizenship application, they may need to apply on their own (usually through conferral) since you were not an Australian citizen at the time of their birth.
Feel free to contact us at [email protected] if you’d like to discuss this in more detail.
Kind regards,
Hannan Tew
Hi Hannan Tew,
My wife and I are both Australian citizens by birth, our son was born in Canada (1 yr old) and is now in Aus on an ETA visitor visa. We have applied for his citizenship by descent but is still being processed. His visitor visa is due to expire soon. Is this a concern or it is fine to wait for his citizenship to be processed?
Regards,
Aussie Dad
Hi Jack,
Technically, being unlawful may not impact his citizenship application, but as a matter of practice, he should avoid becoming unlawful.
As a matter of best practice, we would assist our clients to obtain a further visa to remain in Australia (e.g. an onshore Visitor visa).
Feel free to contact one of our lawyers at [email protected] to discuss this further.
Kind regards,
Hannan Tew
We applied for protection visa subclass 866, back in 2018 and still waiting for the outcome. Mean while my child get Citizenship on 10th birthday. As my child, my wife and myself all of us applied for protection visa so after getting my child’s citizenship are we able to change our status by contacting the department of home affairs? or what would be the best option for us to get permanent status. we are bit confused Kindly assist us regarding this. Please tell if we have any option.
Thanks
Hi Sherry,
If you child is a citizen, you can consider parent visas (though this is quite expensive).
If you do have a well founded fear of persecution then simply continuing with the Protection visa might still be appropriate.
Given the advice depends on your individual circumstances, feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hi Hannan Tew,
I would like to ask that my wife and I are permanent residents, where I am going to receive Australian citizenship in near future, whereas my wife needs about 2 more years to get her Australian citizenship. My question is that we are planning to leave Australia for job reason and meanwhile, if we have had a child outside of Australia, will they be granted Australian citizenship? I am confused about this statement at home affairs website “Your parent will need to have spent at least 2 years lawfully in Australia before you apply if they became an Australian citizen”, that we, as parents, need to spend about 2 years as an Australia citizen, after that our children born outside will granted Australian citizenship? Your comments, please?
Hi Yasir,
Generally speaking, that 2 year requirement is only required if you (the parents) became an Australian citizenship by descent or adoption. If not, your child can apply for citizenship by descent as long as one of the parents are Aan Australian citizen.
Feel free to contact us at [email protected] if you require further information.
Kind regards,
Hannan Tew
Hi there
I’m an Australian citizen born and raised in australia I’m now in egypt and have 2 girls one aged 4 and the other is 2 years, I’ve applied for citizenship by descent for my kid’s, now I want to bring my family to Australia
My wife isn’t an Australian so what’s the best way to get my wife, the mother of my children to Australia as soon as possible???
Hi Aiman,
Thanks for reaching out.
The best way to bring your wife over is probably one of Australia’s Partner visas (see here).
Feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi there My brother was born oversea and that time my dad and my mom hold permanent residen visa but after that my dad became Australian Citizen. Do you think my brother able to apply for Australian citizen.thanks
Hi Montri,
Your brother probably can’t apply for citizenship by descent, but he can probably apply for it through conferral (by living in Australia and passing the general residence test).
Feel free to contact us at [email protected] if you’d like to discuss.
Kind regards,
Hannan Tew
Hi Sir,
I have applied and got 482 visa along with my wife and now my wife is pregnant, now what about my new baby visa?? Should I apply new visa for only to my baby ?? Or with Indian passport will baby can travel ?? Or if it is mandatory to have visa to my baby ..than what is the procedure to get visa to my baby ?? How long it will take ??
Hi Raghavendra,
The situation depends on whether or not your child is born in Australia.
If born in Australia, you simply have to notify the Department with a birth certificate to update their records.
If born outside of Australia, they will need to apply for a new TSS visa directly before entering Australia.
Feel free to contact us at [email protected] if you’d like our assistance.
Kind regards,
Hannan Tew
Hi Admin,
My wife and I are Australia PR and she gave birth to our son in UK last year. My wife applied for Australia Citizenship onshore two years ago before we left australia for work and the citizenship application is still being processed. our question is can we update my wife citizenship application to include our son? We understand that we can bring our son to Australia using visitor visa, once he is in Australia, can he stay in Australia until my wife citizenship application is approved?
Many thanks.
Hi Sonny,
Unfortunately a child cannot be added to a responsible parent’s application after it has been lodged. You may still be bale to lodge a separate application for the child (and pay the associated fee), but bear in mind that he needs to be a permanent resident.
This can be complex, so feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
I am pregnant and booked the ticket to deliver my baby in my country Pakistan. Me and my husband have 491 visa. What is the procedure for visa medical? Or i just need to get the birth certificate and 1022 form sorted out
Hi Kinza,
If your baby is born outside of Australia, they will not be taken to hold the same visa as you (their parents). This means that you would need to apply for a subsequent entrant Subclass 491 visa (see here: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-work-regional-provisional-491/subsequent-entrant). Once it’s lodged, your baby will receive a HAP ID to book and undertake the relevant health examinations.
Kind regards,
Hannan Tew Lawyers
Hi! I got my girlfriend pregnant, she’s Australian and will definitely give birth to our child in Australia. But she’s scared I might not be there when she gives birth since I’m from South East Asia and she’s back home. Would I be automatically an Australian citizen if she’s gives birth to our child?
Hi Tristan,
Your immigration status won’t change on the basis of having a child, but you might be able to apply for a Partner visa based on your relationship with your girlfriend.
Feel free to email us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hi! I am an Australian citizen by descent and had stayed in Melbourne for 8 years from 2009-2016. I am currently living in Hong Kong with my husband(not australian citizen) and planning to have baby. I have read that if my baby was born oversea and want to apply for citizenship by descent, his/her parents(me) who are citizen by descent will need to have spent 2 years in Australia. Does it mean I have already met the requirement and my baby can apply for citizenship by descent in Hong Kong straight after he is born? Or I have to stay in Australia for 2 years after his/her birth and apply after 2 years?
I have heard from friends saying for my situation, I have to give birth in Australia ,otherwise it takes very long for my baby to apply for citizenship.
Thank you!
Hi Jasmin,
As you are a citizen by descent, you simply need to have been present in Australia (except as an unlawful non-citizen) for a total period of at least 2 years at any time before your sons applicaiotn.
Based on your message, you appear to have already met this requirement.
Good luck with your application!
Kind regards,
Hannan Tew
Hi , I’ve 2 child which is born in Malaysia and applied 866 on their own (on 2018 ) . My son now is 13yo & daughter 11yo . They school in here and meet the requirements by the home affairs . It’s been 4 years now and still on bridging visa . Can they apply for citizenship or any other visa can lead them to PR ? And my another son age 5yo was born here and on same application with their siblings as well . Can i change their visa for better life ? Let me know as i interested on it . Thanks !
Hi Intan,
Once an applicant has made an 866 visa application there prospects are challenging for other visa options, but feel free to contact us at [email protected] if you’d like to consider eligibility.
Kind regards,
Hannan Tew
Hi there,
I am so very confused. My children are all Australian citizens. They hold an Australian passport and are 11, 15 and 17. My husband and I used to stay In Australia on a business visa for 16 years – now we live in Singapore and my children want to go back next year and continue their studies in Australia. I am sure, since they are citizens this is possible for them, but what about me? What VISA can I apply for to stay with them? The guardian student visa does not apply as they are not international students and the various parent visa are also not ok as they are not old enough to be eligible. Any help is welcome as even the High Commission here has no idea.
Hi Kristen,
That’s a tricky one. From the top of our heads you can:
(a) have the parents move over and if they have a family member over 18 in Australia you can consider using the family member as a sponsor;
(b) wait until the oldest becomes 18 (during which time you might be able to enter Australia on another temporary visa such as a Visitor visa).
Feel free to contact s at [email protected] if you’d like to discuss.
Kind regards,
Hannan Tew
Hi,
I was born in 1987- march-19th, in Brisbane, Australia.
I know as the law of citizenship by birth is changed from 20th august 1986.
Im working as a doctor now in Sri Lanka (Sri Lankan Citizen).
Just wanted to know if I have any kind of advantage applying for PR in Australia, for the fact that I was born there?
TIA
Hi Manjula,
Unless you are eligible for citizenship by birth or descent, or were a permanent resident such that you have access to a Resident Return Visa, then usually having been born in Australia does not improve your prospects for other PR applications. Feel free to contact us at [email protected] to consider options.
Kind regards,
Hannan Tew
Hi,
I am having Australia PR 190 and my wife has partner PR visa 801, we have new born baby born in Australia. We are having Citizenship and passport of India and India does not allow Dual citizenship. As per forum I am reading it is written that baby born under PR parent in Australia is by default Australian Citizen. Like we have Indian passport and Australian PR,similarly is it possible for our baby to have Indian passport and Australian PR not Australian Citizen ?
Hi Ali,
From an Australian immigration point of view it’s legal for your baby to hold Indian citizenship and Australian citizenship.
You should check with an Indian immigration lawyer about what this means from their perspective.
You can renounce your baby’s Australian citizenship if you prefer through here: https://immi.homeaffairs.gov.au/citizenship/give-up-citizenship
Kind regards,
Hannan Tew
Hi,
We are on TR 485 and we had a baby. We already notify the immigration 3 days ago. I just want to ask how long is the processing time for the immigration to update our visa?
because we are planning to go overseas in 2 weeks. Is it possible to go overseas without waiting for the immigration to update our visa? is it okay to be offshore while waiting for our visa to be updated? or need to be onshore? Thank you
Hi Lloyd,
Your baby technically has a visa automatically by operation of law, but in practice it can take a few weeks (sometimes longer) for the Department to update their records.
This means you could face delays at the airports whilst the visa status is trying to be verified.
Best practice is to travel only after VEVO is updated, but if you must travel, at least make sure you have your visa grant, baby’s birth certificate and evidence of your notification to the Department.
Hope that helps.
Hannan Tew
Hi,
Me and my husband are permanent residents before my children were born in Australia. Is my children eligible to apply Australia Passport if both their parents still permanent resident? Do they need to apply “evidence of citizenship” document for passport application other than their birth certificate? Thank you.
Hi Emily,
Yes, they usually need to obtain evidence of citizenship first through here: https://immi.homeaffairs.gov.au/citizenship/certificate/get-a-certificate
Kind regards,
Hannan Tew
Me and my spouse are Australian PR and currently in US, We had a baby last month and want to bring him to Australia with us. Our PR is expiring in 6 months so don’t think we have enough time to obtain Visa 101.
1. Should we just apply for eVisitor Visa for the baby and once in Australia, apply 802 visa?
2. Do you know if the evisitor visa for US citizen have any “no further stay condition” attached as I see this line mentioned in 802 visa details – ‘the child can’t apply for this visa if they are in Australia on another visa with a no further stay condition.’
3. Do we need to apply for bridging visa or the child gets it automatically?
4. Can the child apply for Medicare if on this bridging visa?
Thank you
Hi Ramesh,
Please book a consultation here to discuss further: https://www.hannantew.com.au/initial-consultation/
Kind regards,
Hannan Tew
Hello, my husband and I are both Australian citizens (both born in Australia). We have lived in the UK and want to return to Australia. We have two children both born in the UK. Can we return to Australia with our children (them travelling on their British passport) and then apply for citizenship by descent upon our arrival. Are they allowed to live in Australia without a passport until they obtain citizenship?
Hi Lyla,
We recommend they obtain citizenship first, because if they travel on British passports they would usually only have 90 days stay on their visa.
Good luck!
Hannan Tew
Hi Hannan, We both permanent resident, we got baby last year, when the baby born we already in permanent resident, But can i get australian passport for my baby, still we are in permanent resident status only. can you advise please
Hi Prab,
The answer depends on whether the baby was born in or outside of Australia (if in Australia, then they are automatically citizens and can apply for a passport, if not, then you need to apply for a visa).
Feel free to contact us at [email protected] if you’d like our assistance.
Kind regards,
Hannan Tew
My 20 year old daughter was born in New Zealand 2002 and has lived in Australia since she was a baby. Her father and I have lived in Australia for 24 years are both Australian citizens since 2018 and her older sibling is Australian citizen her younger sibling born in Australia is able to become Australian citizen. Can you explain how she has to become a permanent resident first to become a citizen & the process. She is not a student she is working part time but we fully support her financially.
Hi Melanie,
You can refer to our article here: https://www.hannantew.com.au/blogs/immigration/australian-citizenship-and-permanent-residence-for-new-zealanders-a-quick-as-possible-guide/
She most likely has to apply for permanent residence first (and might consider the 189 NZ stream).
If you want to discuss with one of our lawyers further, feel free to contact us at [email protected]
Kind regards,
Hannan Tew
Me and my three year old daughter arrived in Australia feb 2022 on permanent residence which was approved June 2021 However my husband was in Australia since 2015 when we received PR.
Can we apply for citizenship?
Can we leave Australia once we have apply our citizenship?
Are we eligible for test/interview while we are overseas and then come back to Australian for our ceremony but only my partner.
Or else the entire process can be apply for overseas.
Hi Khushboo,
Though your husband can apply for citizenship (and your daughter might be included as a dependent), you would need to separately apply once you meet the general residence requirement. You can leave Australia after you have obtained citizenship but not when you processing as there is a requirement to demonstrate an intention to live in Australia.
Feel free to contact us at [email protected] for further information.
Kind regards,
Hannan Tew
Hi
My daughter from my first wife who was born overseas in 2010 got PR with me in 2013. However she did not come to Australia or spend even a day in Australia. Now I am Australian citizenship, how can I get her here in Australia to live with me. Can I sponsor her citizenship or she has to come on a visa ? Can her pr be revived?
Hi Aamir,
There is no way to sponsor citizenship so the best way is probably to get her an RRV.
Feel free to contact us at [email protected] if you require our assistance.
Kind regards,
Hannan Tew
Hi. My name is kriztine. My husband is a citizen here in Australia and I was under a temporary resident visa(now permanent resident) when I give birth to my child. My question is does my child needs to have a visa? Because I am having trouble applying with Medicare as they want to see my child on my visa. Thank you and have a good day
Hi Kriztine,
Your child is probably an Australian citizen by birth (due to the father being a citizen).
You will most likely just need to apply for evidence of this through here: https://immi.homeaffairs.gov.au/citizenship/certificate/get-a-certificate
Good luck!
Hannan Tew
Hi,
I am an Australian citizen and my son was born oversea out of wedlock. His mother has been married to someone else when he was born, so his foreign birth certificate does not have my name as a responsible parent. But I am his biological father as I have done the DNA test. I am afriad I need to add that this is not a surrogacy .
Can my son get a Aussie citizenship if I have consent from his mother and her husband?
Hi Ron,
There are provisions for Delegates to consider requesting DNA evidence in circumstances but it is a bit complicated so we’d need to offer a consultation to consider this further.
Feel free to book through here: https://www.hannantew.com.au/initial-consultation/
Kind regards,
Hannan Tew
Hi, This is regarding adding a baby born in Australia to TSS 482. Baby born in Nov 2020 while I was on 457 visa. Baby has Birth certificate from VICBDM. My new TSS visa applied in 2021, Baby did not have passport then and was not included in TSS application. Could not apply for Indian passport as VFS offices were closed due to COVID and lockdown. My TSS visa granted in June 2022. Baby got the passport in Mar 2022. I submitted the relevant documents to Immigration to add baby to TSS 482. I was told my immigration that I should apply for TSS 482 subsequent entrant as baby’s name was not present in initial TSS application. TSS 482 has a condition that if applied from Australia, person should have substantive visa or Bridging A or Bridging B or Bridging C visa. Baby does not have any. Can you please let me know what are the options available for getting a visa for the baby?
Hi Pradeep,
We’d need to look into the facts more closely, so feel free to contact us at [email protected] to book a consultation.
Kind regards,
Hannan Tew
My Son is an Australian citizen living in Japan with is wife Japanese citizen. They have a 2 year old son. Should they apply for Australian citizenship by descent for their son before applying for the partner visa for my son’s wife to all move to Australia?
Hi Vic,
Generally it would make sense for your grandson to apply for citizenship whilst your son’s wife applies for a partner visa (perhaps even onshore to allow her to enter Australia sooner).
Feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hi I am an Australian citizen by decent who lived in Australia for over two years back in ~1980. My daughter was born in the US last year and I need proof of residency to lodge the citizenship application for her. Since I don’t have my original passport from back then, are there any other ways of proving residency for someone so far back in time who does not currently hold on to any record?
Hi Steven,
You can obtain your old information (including movement records) by either (a) seeking an FOI request through here or by simply obtaining your movement records through here.
Feel free to contact us at [email protected] if you’d like our assistance.
Kind regards,
Hannan Tew
Hi there. My name is Christopher Coulter and I was born in the uk in 1980 and my parents who became permanent residents of Australia brought me here in 1987. I only have a British citizenship and passport and I have just found out I don’t have working rights in Australia. Could someone help me resolved this issue please????
Hi Chris,
We’d probably need to undertake a VEVO check to determine your circumstances – feel free to send us an email at [email protected] to discuss.
Kind regards,
Hannan Tew
Hi Hannan Tew,
Yours is a very informative site.
Mine (main applicant) and my spouse’s ( dependent) SC189 visa application submitted on 19/11/2022 and still awaiting my visa. At the time of submission my wife was 25 week la pregnant. We have done our medical check up and all process completed. Now if we want to give birth to our child in home country ( India) and later on want to add my child as dependent applicant is it possible? How can we put our current visa application on hold?.
Second question is , if our visa application is finalized and we get PR , before my child born , how can we get visa of our child in minimum time?
Please help.
Regards
Kaushalkumar Patel
India.
Hi Kaushalkumar,
Generally, if your child is born in India before visa grant, you can simply add them onto your pending application. If your child is born in India after visa grant, you will need to apply for a new visa (e.g. a Child visa). Feel free to contact us at [email protected] to discuss options.
Kind regards,
Hannan Tew
Hi there my name is frederik i was born in australia lived there for 9 years while my Perants were both temp visa holders then they later became residents and gave birth to my brother so hes a citizen so do I hve to start from scratch if I wanna move back to australia?
Hi Frederik,
You’ll likely need to apply for residence through independent visa options (though this could include a Remaining Relative or a Child visa).
Feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hi
How long will my 4 years old daughter have to stay in Australia on PR before been eligible for citizen? She was born In oversea when I was on PR, she came to Australia on PR. Did she need to stay 4 years or 2 years in Australia before been eligible?
Thank you
Hi David,
Are you an Australian citizen now?
If not, you can include you child in your citizenship application when you meet general residence requirements.
If you are, then the child can apply individually as long as they meet one of the Department’s policy considerations (e.g. usually resident in Australia and living with a responsible parent who is an Australian citizen and who consents to the application).
Feel free to contact us at [email protected] to discuss this further.
Kind regards,
Hannan Tew
Good afternoon,
I am an Australian Citizen by Descent but have only spent 14 months in Australia.
My children were both born after I gained my citizenship, however, I don’t think one of my children would be granted a PR Visa as they are autistic and they might not pass the health criteria.
Is there a temporary visa for children of Australian Citizens? As I would only need to be in Australia for 10 months for them to be able to apply for their own citizenship which has no health requirements.
Many thanks
Hi Linsey,
You might want to try a series of Visitor / ETA / E-Visitor visas but they only permit 3 month stay on each period.
Feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hello Hanan Tew,
I am glad that you have provided sufficient information on your on my query. Now I have one more question to discuss.
1. As my SC 189 application is under process, can I request DHA to put it on hold till my child’ birth (delivery due in 2 months) to add my child as dependent applicant?
2. If I get 189 visa before my child’s birth, should I apply for 101 or travell visa for my child ? Which is the fastest way to travel to Australia with my child.?
Please advise.
I will be thankful to you.
Regards
Kaushalkumar Patel
Hi There
I am in a little sticky situation. Aust Citizen (male) married to Aust citizen (with some differences but living on same Aust address), however a non Australian girl friend is pregnant with me (baby will be born in Aust). As I understand, the baby will inherit Aust citizenship from me and can stay in Aust with me, however GF will need to go back to her home country after giving birth. Is there a way, for non resident GF to get Aust residency or citizenship, without getting married with me and just on the basis of the baby born from Aust Citizen.
Anonymous….
Hi Rob,
The mother might be able to consider a Parent visa (you would still submit the application on behalf of your child by virtue of being an Australian citizen relative of the child).
Alternatively, the mother might consider non family related visas (see here).
In any case, options may be complex or limited, so feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hi Hannan,
I am wondering if you could help.
My mother was Australian and gave birth to my sister and I in the U. K., we gained citizenship through her.
Years later my mum returned to live in Australia (2003) and I have since moved over here too (2010). My sister passed away in the U. K. in 2016 sadly. My sister’s son, my nephew, would like to gain citizenship and live here but we have been told that as my sister did not live here for a minimum of two years at any time that he cannot apply for citizenship through her. She was planning to move here before her death. My nephew it seems has lost his rights to getting citizenship due to the fact that his mum has died and so CANNOT now live here for the required two years before he can apply.
My nephew and I have been extremely close all of his life and I have bought him here for holidays many times. He also has his maternal grandmother over here.
Are there any compassionate grounds or such given the circumstances that he could still get citizenship?
Kind regards,
Jude.
Hi Jude,
Sorry to hear about the challenging situation.
Unfortunately the citizenship by descent criteria does have specific requirements at the time of the child’s birth (including that if the parent had received citizenship by descent, they had lived in Australia for a period of at least 2 years). It’s likely that your nephew will need to meet the conventional general residence requirements, which will require him to go through visas and obtain permanent residence. Feel free to contact us at [email protected] if you’d like to discuss this further.
Kind regards,
Hannan Tew
Thanks for the very informative article!
My wife and I have a situation we’re still a little concerned about…
We’re currently living overseas and recently had a baby girl. I am an Australian citizen and my wife has been granted permanent residency. In April we plan to relocate our family to Australia.
We applied for Australian citizenship by descent for our daughter as soon as possible and we are still waiting on a result.
According to your article, we could take our daughter to Australia on her overseas passport and a visitor visa, if her Australian citizenship hasn’t been confirmed by then, correct?
What happens if her citizenship is granted and we do not have time to apply for and receive an Australian passport?
Would she be barred from entering Australia on the overseas passport?
Is it possible to contact Department of Home Affairs and have them hold off on the grant, if this is an issue?
Hi Boris,
Although your child can technically re-enter on another passport, the Department does not recommend Australian citizens enter on another passport. This is because “you may experience issues returning to Australia on a foreign passport. For example, airlines may not allow you to board a plane to Australia without evidence of Australian citizenship or an Australian passport.” See here: https://www.passports.gov.au/news/dual-nationals-leaving-and-returning-australia-which-passport-should-you-use
You might want to email the Department ask them to hold off on grant of citizenship (though it may not be effective).
Feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hi, Myself and my wife are Australian PR and we are expecting a baby in Jul 2023 in India. My wife will travel back to Australia with baby by end of this year(Mostly we will apply Visitor visa for baby, since Child visa will take time). I will be eligible to apply for Citizenship by end of this year.
1) Is it possible to include my baby(entered into Australia in Visitor Visa) in my Citizenship application?
2) If not do i need to apply Child Visa after entered into Australia to include by baby in my Citizenship application?
Hi Santy,
Children can be included in Citizenship applications, but they must be a permanent resident at the time of application and time of decision (which could include the Child visa). A better alternative might be to give birth to the child in Australia (which would grant them automatic permanent residence).
Feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hi, I’m on a working holiday maker visa from Ireland. I am due my baby late November but my visa expires at the start of November with no option to extend. The father is an Australian citizen and very much wants the child here and to be involved, however we are not together and I do not wish to rely on him to stay by going on a partner visa. What are my options to stay here with the child for the sake of the father without me having to rely on him? Also, I can’t find any information on reciprocal health care between Australia and Ireland in regards to whether Maternity stay in a public hospital is covered? Any advice is much appreciated. Thank you.
Hi Kate,
Firstly, your child may obtain Australian citizenship by birth, and then can consider a Parent visa for you (but would still require the father or another guardian to be involved in sponsorship).
There are also many independent visas you can consider (a general list of options here).
Lastly, information on reciprocal healthcare with Ireland is here, but I’d recommend you contact Services Australia directly to ask about maternity stay.
Feel free to reach out to us at [email protected] if you’d like to discuss this further.
Kind regards,
Hannan Tew
Hi Hannan,
I’m in a dilemma about visas/citizenship for bringing my new born son to Australia. Please give your valuable suggestion.
Me & wife both are in Australia on permanent residency (ENS186) visas.
Upon meeting eligibility I alone have applied for Citizenship by Conferral and the application was approved in Sep 2022 (pending ceremony).
Note my wife still hold Permanent resident visa.
Meanwhile wife travelled overseas in Oct 2022 to home country for pregnancy support and therefore gave birth to my son overseas in Jan 2023.
Later on, I was invited for Citizenship ceremony and took pledge in March 2023.
The questions here are
1. What type of visa/application should I apply for my son to bring him here permanently.
2. If at all I bring him on visitor visa, Is it okay to apply 802 child visa while he’s onshore? I saw a requirement in 802 visa eligibility that says “The child can’t apply for this visa if they are in Australia on another visa with a no further stay condition.” I believe visitor visas would have this no further stay condition.
3. If 101 Child visa is the only option to bring my son to Australia on permanent basis, the current processing times are 7-19 months which are too long. My wife wants to come back to Australia with our son ASAP for her to pursue employment and get support from me.
Please let me know the way forward.
Hi Pavan,
As you had not attended your citizenship ceremony and made your pledge at the time your child was born, it means you were not yet an Australian citizen (even though your application had been approved). This means you would need to consider either an onshore or offshore Child visa. An onshore Child visa would require you obtain a Visitor visa or something similar. Feel free to contact us at [email protected] to discuss this further.
Kindr regards,
Hannan Tew
Hi .
I am a permanent resident and have been for 20 years , married to an Australian born citizen with two Australian children and one now adult daughter who was born in uk and bought up in the uk . My now 32 year old daughter born in uk is now looking to join us in Australia permanently with my grandaughter who is 8 years old .
Please could you advise me and how to apply .
Thank you very much . 🙏
Hi Jacqueline,
Based on the information provided, it’s likely that your daughter will have to consider independent visa options, but feel free to reach out to us at [email protected] if you’d like to discuss this in mored detail.
Kind regards,
Hannan Tew
Hi,
If both the parents are in living in Australia on permanent resident (foreigner) and have a newborn baby. The parents want the baby to on permanent resident instead of Australian citizenship. Will the baby have option for PR or is it automatic to be citizen in Australia? Could you please clarify me?
Thank you.
Hi Jigme,
The baby is likely to be an automatic Australian citizen.
You may then have to consider renouncing Australian citizenship (see here: https://immi.homeaffairs.gov.au/citizenship/give-up-citizenship).
Feel free to contact us at [email protected] to discuss this further.
Kind regards,
Hannan Tew
I’ve applied for a visitor visa for my son who is turning 2 years old at the end of the month. He was born overseas. I’m a NZ passport holder and AU permanent resident and his father is an AU citizen so we are processing the visitor visa so he can travel to Australia sooner as the citizenship by decent takes longer than the time I have. He’s been asked to do a health examination however there are no listed panel physicians on the website for the country he was born in. Is there anything else I can do and does he need to do it?
Hi LW,
He doesn’t need to do a health examination in the country he was born in (he could consider a country nearby).
Feel free to contact us at [email protected] if you’d like to discuss this in more detail.
Kind regards,
Hannan Tew
Hi, Me and my wife are in Australia with PR and we had a new born on APR 2023. We know that kid is eligible for AUS citizenship but we planned to take PR for kid now and applied the same with 1022 form 5 months back. I can see kids name been added on IMMI account but not received grant letter, its been 5 months completed but no update. We have a plan to go to hometown by Dec 2023.
Question: If kid didn’t receive the PR grant letter , what is the best option to come back to Australia after our vacation?
Hi Alvin,
If your child does not have a visa, they may want to consider applying for a Visitor / E-Visitor / ETA visa to enter temporarily.
Feel free to contact us at [email protected] to get more specific advice.
Kind regards,
Hannan Tew
Hi! I’ve been living in the USA for 7 years and was born in Australia. I recently got my US citizenship so I am a dual citizen now. My hubby and I are wanting to move to Australia. We want to do an onshore partner visa. I also have a son who is 3 and a baby on the way. The plan is to move when the baby is old enough, approx 3 months. My question is, should I apply for my sons citizenship here in the US or can I bring the family over on visitor visa’s and then apply for citizenship by decent for both my children then? I understand that the citizenship by decent does not include a visa or bridging so if it takes longer than 3 months we will have to leave the country and re-enter to follow the visa requirements. Additionally, are my children eligible for Medicare while we are waiting for their citizenship? We plan to lodge my husbands paperwork as soon as we enter the country but I am confused about how it will work for the children! Thank you so much!
Hi Chloe,
Firstly, congratulations on your growing family.
Secondly, there’s a bit to unpack there so it may be easier if you email us at [email protected] to determine what is most appropriate for you.
Kind regards,
Hannan Tew
Greetings
Im an Australian citizen with 3 kids born in Japan. When is the government aware that they were born with the ability to apply for Australian citizenship? Already travelled to Australian on a non Australian Passport but being asked here when the Goverment was aware they were born
Thanks for your help
Hi Aa,
It sounds like your children were born are eligible for Australian citizenship by descent.
This requires an application (you will need the Australian citizenship by descent extract, before you apply for an Australian passport).
Feel free to contact us at [email protected] if you require our assistance.
Kind regards,
Hannan Tew
Hi, My son was born overseas and he has British Passport. I, his mother is an Australian Citizen. We moved back from UK to Australia 3 months ago. I applied for my sons Citizenship by descent couple of months ago but it says the processing time is aleast 5 months. My son is on a tourist visa which will expire soon. Is there a visa or bridging visa he can be on until he his application is processed?
Any advice will be much appreciated. Thankyou for your help!
Hi Hiba,
The easiest option might be to just depart Australia briefly and return to restart the 90 day stay period.
Feel free to contact us at [email protected] to discuss in more detail.
Kind regards,
Hannan Tew
My daughter was born here in Nov 1987. I am from NZ and arrived here in 1976. Her mother came to Australia in 1981. We were both permanent residents at that point but I am now an Australian citizen. My daughter was given Australian citizenship and its entitlements in 2019 but had to go back to NZ because of COVID-19 and her pregnancy. Since her return to live here this year, her citizenship has now been rescinded and she had to pay back a sum of money to them.
Hi William,
Your daughter’s situation sounds complex – do you want to flick us an email at [email protected] and we can see if we can help?
Kind regards,
Hannan Tew