Key points
- Not automatically. A child born in Australia on or after 20 August 1986 is a citizen at birth only if at least one parent was an Australian citizen or permanent resident when the child was born.
- The 10-year rule: otherwise, the child becomes a citizen automatically on their 10th birthday if Australia was their home throughout those 10 years. They do not need to be in Australia that day.
- Born before 20 August 1986: most people born in Australia were citizens at birth, except some children of foreign diplomats or consular officers.
- New Zealand parents: since 1 July 2022 a Special Category visa counts as permanent residence for citizenship, so a child born here on or after that date to a parent holding one is generally a citizen. Earlier births depend on the dates.
- Not a citizen at birth? The baby takes the same visa as the parent. A child's citizenship does not make a parent a citizen.
- Proof: for births from 20 August 1986, a birth certificate alone is not proof. Use a parent's citizenship document with the child's full birth certificate, or apply for a citizenship certificate ($290).
- For advice on a child's status, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer for a fixed $295.
A child born in Australia on or after 20 August 1986 is an Australian citizen only if a parent was an Australian citizen or permanent resident at the time of the birth, or if the child is ordinarily resident in Australia throughout the first 10 years of life, in which case citizenship arrives automatically on the 10th birthday (Australian Citizenship Act 2007, section 12).
Checked on 23 October 2026 against the Australian Citizenship Act 2007, the Migration Act 1958, the Department of Home Affairs and the Australian Passport Office.
The rule by date of birth
| Born in Australia | An Australian citizen? |
|---|---|
| Before 26 January 1949 | Yes, if a British subject on 25 January 1949 and the father was not a foreign diplomat |
| 26 January 1949 to 21 November 1984 | Yes, at birth, unless the father was a foreign diplomat |
| 22 November 1984 to 19 August 1986 | Yes, at birth, unless neither parent was a citizen or permanent resident and one parent was a foreign consular officer or entitled to diplomatic privileges and immunities |
| On or after 20 August 1986 | Only if at least one parent was an Australian citizen or permanent resident at the time of the birth. Otherwise, automatically on the 10th birthday if the child was ordinarily resident in Australia throughout those 10 years |
The dates and exceptions are as Home Affairs sets them out for anyone applying for evidence of citizenship. Children of New Zealand citizens have their own dates, below.
The two rules today
For births on or after 20 August 1986, section 12 of the Australian Citizenship Act 2007 says a person born in Australia is a citizen "if and only if" one of two things is true.
- A citizen or permanent resident parent at the birth. It is the parent's status at the moment of birth that counts. Under section 5, a permanent resident is someone in Australia holding a permanent visa, someone overseas who holds a permanent visa and held it when they last left Australia, or someone covered by a ministerial determination (section 5(2) allows one for Special Category visa holders, and Home Affairs now treats them as permanent residents; see below).
- Ordinarily resident in Australia for the first 10 years. If neither parent qualified, the child becomes a citizen automatically at the end of the 10 years beginning on the day of birth, if they were ordinarily resident in Australia throughout. Under section 3 you are ordinarily resident in a country if it is your home, or your country of permanent abode even while you are temporarily away. Home Affairs says the child does not need to be in Australia on their 10th birthday, but a stay for a special or temporary purpose, such as a diplomat's child, does not count.
- No application is needed under section 12: citizenship arises by law. What you may need is evidence of it (see Proving citizenship).
- One narrow exception: a child born in a place under enemy occupation to an enemy-alien parent is not a citizen under section 12, unless the other parent is a citizen or permanent resident and not an enemy alien.
- Adoption and abandoned children: a child adopted under a state or territory law by an Australian citizen, while present in Australia as a permanent resident, is a citizen (s 13). A child found abandoned in Australia is a citizen unless and until the contrary is proved (s 14).
Children of New Zealand citizens
Home Affairs lists these situations in which a child born in Australia to New Zealand citizen parents (who were not entitled to diplomatic privileges) may already be an Australian citizen.
| Born in Australia | Citizen if |
|---|---|
| 24 November 1952 to 19 August 1986 | Born in that period |
| On or after 20 August 1986 | Ordinarily resident in Australia for the first 10 years |
| 1 September 1994 to 26 February 2001 | A parent held a permanent visa or a Special Category visa |
| On or after 27 February 2001 | A parent held a permanent visa |
| 27 February 2001 to 30 June 2022 | A parent was in Australia on 26 February 2001 on a Special Category visa, or for at least 12 months on one in the 2 years before that date, or was issued a Centrelink certificate stating they were resident in Australia on a particular date |
| 1 January 2022 to 30 June 2023 | Born before a parent's New Zealand stream Skilled Independent (subclass 189) visa was granted, where it was granted (to the parent, or to the parent as a dependant of a family member) between 1 January 2022 and 30 June 2023 |
| On or after 1 July 2022 | A parent held a Special Category visa |
- Why 1 July 2022 matters: for citizenship purposes Home Affairs treats a Special Category visa granted before 1 July 2022 as permanent residence from 1 July 2022, and one first granted on or after that date as permanent residence from the grant date.
- Births from 20 August 1986 to 31 August 1994: New Zealand citizens who arrived before 1 September 1994 were "exempt non-citizens", and a child born in this period to such a parent generally did not become a citizen at birth.
- Births from 26 January 1949 to 23 November 1952 may be citizens even if the parents were entitled to diplomatic privileges.
- The parent: since 1 July 2023 every Special Category visa holder can apply directly for citizenship by conferral, without first getting a permanent visa.
If your child is not a citizen at birth
- The baby's visa: a child born in Australia who is not a citizen at birth is taken to have been granted, at birth, a visa of the same kind, class and conditions as a parent's visa (other than a special purpose visa), where the other parent is included in that visa or holds none. If each parent holds a visa, the child is taken to hold visas matching each (Migration Act 1958 s 78).
- Travel: a visa holder who leaves Australia can come back on that visa only if it allows re-entry and is still in effect (s 79). Check the child's visa before any trip.
- The 10-year rule still runs: if Australia stays the child's home for the first 10 years, citizenship arrives automatically on the 10th birthday.
- Applying earlier: once the child is a permanent resident, a child under 16 can be included, at no cost, on a responsible parent's citizenship application, or can apply in their own right (Form 1290, $365). A child applying alone must be a permanent resident when applying and at the decision, and generally live with a responsible parent who is a citizen (or show significant hardship) (Citizenship Act s 21(5); Form 1290).
- Stateless children: a person born in Australia who is not, and never has been, a citizen or national of any country, and is not entitled to become one, can apply for citizenship (s 21(8)).
- Parents: a child's citizenship does not make a parent a citizen. A parent must meet the citizenship rules in their own right (s 21), and any visa for a parent has its own requirements.
Proving citizenship
- Birth certificates: the Australian Passport Office accepts only full, original birth certificates from an Australian Registry of Births, Deaths and Marriages showing the parents' (or grandparents') names. A birth certificate shows where you were born; for anyone born on or after 20 August 1986 it is not, on its own, proof of citizenship.
- Born before 20 August 1986: the full birth certificate is enough for a passport.
- Born on or after 20 August 1986, for a passport: a citizenship certificate, or an earlier Australian passport issued on or after 1 January 2000 and valid for at least 2 years, or the child's full birth certificate plus one document for a parent who was a citizen at the birth: that parent's full birth certificate showing birth in Australia before 20 August 1986, their Australian passport issued on or after 20 August 1986, before the child's birth and valid for at least 2 years, or their citizenship certificate showing citizenship before the child was born. If that parent was born in Australia on or after 20 August 1986, a grandparent document is needed too.
- If both parents were permanent residents at the birth, the Passport Office says to apply to Home Affairs for evidence of citizenship.
- Under the 10-year rule, Home Affairs asks for evidence of both parents' status at the birth (if available) and of 10 years' residence, such as immunisation records, a passport, school reports, club memberships or banking records.
- Aboriginal and Torres Strait Islander people who cannot produce these documents can use the Passport Office's B-19 declaration instead.
A citizenship certificate
- How: apply online in ImmiAccount (Form 119). The fee is $290 (Form 1298i, July 2026; Home Affairs says fees usually rise on 1 July). Each person needs a separate application, and a responsible parent applies for a child under 16.
- For a child 15 or younger: a full birth certificate showing the parents, a document with a photo and current name (such as a passport), and a passport-sized photo with an identity declaration (Form 1195) signed by an Australian citizen with the right authority.
- The decision: the certificate comes by registered post. If the application is refused, the letter gives the reasons and the time limit for asking the Administrative Review Tribunal to review it.
Where to check
| Question | Where |
|---|---|
| Is my child already a citizen? Evidence of citizenship | Department of Home Affairs, immi.homeaffairs.gov.au ("Get a certificate"); apply in ImmiAccount |
| Documents for a child's first passport | Australian Passport Office, passports.gov.au ("Australian citizenship") |
| Fees | Home Affairs Form 1298i, "Citizenship application fees" |
| A refused citizenship application | The Administrative Review Tribunal, within the time limit in the refusal letter |
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in your state is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can work through the parents' status at the birth and the child's residence, advise on the evidence Home Affairs or the Passport Office will want, and help with a refused application. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.
General information only, not legal advice. Updated 23 October 2026. Checked against the Australian Citizenship Act 2007 (compilation 37, 4 June 2026), the Migration Act 1958 (compilation 171, 4 June 2026), the Department of Home Affairs' "Get a certificate" page (updated 12 October 2026), its help text "Australian citizen by birth", its page "New Zealand citizens and your family" (updated 23 September 2024), Forms 1300t and 1290 (September 2026) and Form 1298i (citizenship fees, July 2026), and the Australian Passport Office's "Australian citizenship" page, on 23 October 2026.
Frequently Asked Questions
Is every child born in Australia an Australian citizen?
No. For births on or after 20 August 1986, a child born in Australia is a citizen only if a parent was an Australian citizen or permanent resident at the time of the birth, or if the child is ordinarily resident in Australia throughout the first 10 years, in which case citizenship arrives automatically on the 10th birthday. Most people born in Australia before 20 August 1986 were citizens at birth.
What is the 10-year rule for Australian citizenship?
A child born in Australia who was not a citizen at birth becomes one automatically at the end of the 10 years from their birth, if Australia was their home (they were ordinarily resident here) throughout. No application is needed and they do not need to be in Australia on the day, but to prove it Home Affairs asks for evidence of 10 years' residence, such as school and immunisation records.
Is a baby born in Australia to parents on temporary visas a citizen?
Not at birth, unless a parent is an Australian citizen or permanent resident. The baby is taken to hold the same visa as the parent. The child can become a citizen automatically at 10 under the 10-year rule, or apply earlier once they are a permanent resident.
Is a child born in Australia to New Zealand parents an Australian citizen?
Often, depending on the date. For births on or after 1 July 2022, a child is generally a citizen if a New Zealand citizen parent held a Special Category visa, because Home Affairs treats that visa as permanent residence for citizenship. Earlier births depend on the parent's visa and dates, and the 10-year rule applies to everyone.
How do I prove my Australian-born child is a citizen?
For a first passport, give the child's full original birth certificate plus a document showing a parent was an Australian citizen at the birth, such as the parent's citizenship certificate or a qualifying Australian passport. If both parents were permanent residents, or the child relies on the 10-year rule, apply to Home Affairs for a citizenship certificate in ImmiAccount (Form 119, $290).
Does having an Australian citizen child give parents residency?
No. A child's citizenship does not make a parent a citizen or a permanent resident. A parent must meet the citizenship rules in their own right, and any visa for a parent has its own requirements.
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