Updated: Jul 21, 2021
Photo courtesy Kaushal Mishra collected from Unsplash
I have noticed a lot of confusion amongst the immigrant parents about the immigration status of their children. In this article, I am trying to give you some idea about the visa status of a child in Australia who is born to the following categories of parents:
Australian Permanent Residents, and
Australian Temporary Visa Holders.
The immigration status of a child varies depending on whether the child is born in or outside Australia.
1. A Child born to Australian Citizens-
According to Section 12 of the Australian Citizenship Act 2007(Cth), a child born in Australia, is an Australian citizen by birth if one or both parents are Australian citizens at the time.
You do not need to apply for your child’s citizenship if either you or your partner is an Australian citizen at the time of your child’s birth. You will need to get a passport for your child if you want to travel outside Australia with the child.
However, if your child is born outside Australia, he/she will not be an Australian citizen by birth. The child will be eligible to get Australian citizenship by descent. In such a case, you have to make an application for your child’s Australian citizenship.
2. A Child born to Australian permanent Residents-
Section 12 of the Citizenship Act 2007(Cth) provides that if a child is born in Australia, is an Australian citizen by birth if one of the parents is an Australian permanent resident.
Therefore, if your child is born in Australia and either you or your partner is an Australian permanent resident at the time of your child’s birth, he/she will be an Australian citizen by birth. However, in this case, you need to notify the department of immigration about the birth of the child to ensure the child’s Australian citizenship.
However, the situation is different if your child is born overseas. If you or your partner is an Australian permanent resident and your child is born overseas, you need to apply for a visa for your child before you can bring him/her to Australia. It will be a new visa application for your child. He or she does not get any visa status as a child of an Australian permanent resident as the place of birth is outside Australia.
3. A Child born to Australian temporary visa holders –
According to section 78 of the Migration Act 1958(Cth), if a child is born in Australia and at least one parent of the child holds a temporary visa( other than a special purpose visa), the child is assumed to have granted the same visa as his/her parents.
Therefore, if your child is born in Australia and either you or your partner holds a temporary visa in Australia, the child will be the same temporary visa holder at birth. You need to notify the Department of Immigration that your child is born. Will start the process of getting a visa for your child.
However, if your child is born outside Australia, your child will have no visa status in Australia. Your temporary resident visa with not give your child any visa status at birth if he/she is born outside Australia.
Overview of the immigration status of a child in Australia-
Born in Australia-
Parent Australian Citizen- Citizen by birth
Parent Permanent Resident- Citizen by birth
Parent Temporary Visa Holder- Temporary Visa holder (on notification to the authorities)
Born Outside Australia
Parent Australian Citizen- Citizen by descending ( on application)
Parent Permanent Resident- No visa on birth ( need to make new visa application)
Parent Temporary Visa Holder-No Visa on birth
If you have more questions about your child’s visa status or you need to get legal advice for your child’s visa, please visit us at www.lawcircuit.com.au or you can email us at firstname.lastname@example.org or call us at 0418631798. We will help you to connect with the best Immigration Lawyers in Melbourne. We are here to make your legal journey easier.