Your Child Was Born in Australia — Are They Automatically a Citizen?
Your child was born in Australia, but they are not automatically an Australian citizen unless specific conditions are met. Since 1986, children born to non-citizen parents only gain Australian citizenship if at least one parent is an Australian citizen or permanent resident at birth, or if the child lives in Australia as an ordinary resident until age 10. The child's visa status depends entirely on their parents' immigration status at birth. Contact an immigration lawyer immediately at 1300 636 846 to secure your child's legal status and avoid devastating family separation.
Do You Need a Lawyer?
Yes, you absolutely need an immigration lawyer when dealing with your child's citizenship or visa status. The stakes are enormous — getting this wrong could mean your family faces separation, deportation, or your child losing their right to remain in Australia permanently. One wrong assumption can destroy your family's future here.
Without proper legal guidance, parents make devastating mistakes that Immigration officials rarely forgive. We've seen families torn apart because they assumed their Australian-born child was automatically a citizen, only to discover years later the child had no legal right to stay. We've watched parents lose custody battles because they couldn't remain in Australia with their citizen children. We've represented teenagers who discovered at 17 that they needed to leave Australia immediately because their parents never secured their status.
An experienced immigration lawyer changes everything. We know exactly which visa pathways protect your family, how to navigate the Department of Home Affairs' complex requirements, and which applications to lodge immediately to prevent separation. We understand the intricate citizenship laws and can identify opportunities other advisers miss. We've helped over 10,000 families secure their children's future in Australia through strategic visa planning and citizenship applications.
The difference between having a lawyer and going alone is often the difference between keeping your family together and watching them be separated by immigration law. Call 1300 636 846 now for urgent immigration advice that could save your family.
What Happens Next — The Process
Here's exactly what happens when securing your child's status in Australia:
- Immediate Risk Assessment (Same Day): Our immigration lawyers review your family's visa status, your child's birth circumstances, and identify immediate risks to your family's ability to remain together in Australia. We determine if your child qualifies for citizenship and what urgent applications are needed.
- Document Collection Strategy (1-2 weeks): We help you gather essential documents including birth certificates, passport copies, visa grant notices, evidence of ordinary residence in Australia, and proof of community ties. Missing documents can delay applications by months.
- Application Pathway Planning (1 week): Based on your circumstances, we determine whether to apply for citizenship by descent, citizenship by ordinary residence, or specific visa categories for your child. We also identify visa options for non-citizen parents.
- Application Lodgement with Department of Home Affairs (1-2 weeks): We prepare comprehensive applications ensuring every requirement is met to avoid costly delays or refusals. Applications are lodged with supporting evidence and legal submissions where necessary.
- Department Processing and Case Management (3-18 months): We monitor your application through the Department of Home Affairs system. Citizenship applications typically take 3-8 months, while visa applications can take 6-18 months depending on complexity and case officer workload.
- Decision Implementation and Next Steps (Ongoing): Once approved, we help you apply for Australian passports, organize visa attachment to travel documents, and plan pathways for other family members to join or remain in Australia permanently.
Every day of delay increases the risk to your family's future in Australia. Children who miss critical application deadlines often lose their chance at citizenship forever. Time is running out — contact us immediately at 1300 636 846.
The Law in Australia
The Australian Citizenship Act 2007 (Cth) governs citizenship for children born in Australia. Under Section 12, children automatically acquire citizenship if born in Australia and at least one parent is an Australian citizen or permanent resident at the time of birth. This is the most straightforward path to citizenship for Australian-born children.
Section 12 also provides citizenship for children who are "ordinarily resident" in Australia for the first 10 years of their life, even if both parents are non-citizens throughout this period. The Department of Home Affairs examines factors including continuous residence, community ties, school attendance, healthcare records, and whether Australia is genuinely considered the child's home country.
Under the Migration Act 1958 (Cth), children born to visa holders automatically receive the same visa status as their parents at birth. Where parents hold different visa types, children receive the "best" available status — meaning permanent residence takes precedence over temporary visas. This ensures children aren't disadvantaged by their parents' different immigration statuses.
The Migration Regulations 1994 outline specific visa categories available to families with Australian citizen children. The Contributory Parent (Temporary) Subclass 173 visa costs $4,630 and leads to permanent residence. The permanent Contributory Parent Subclass 143 visa costs over $47,000 but provides immediate permanent residence. The Child Subclass 101 visa allows dependent children to join citizen parents in Australia.
Children born to diplomatic personnel are specifically excluded from citizenship by ordinary residence under Section 12(2) of the Citizenship Act. Refugee children and those born to parents holding Protection visas have special pathways under Regulation 2.07A of the Migration Regulations. These laws are complex and constantly changing — get current legal advice by calling 1300 636 846 today.
Mistakes to Avoid
We've seen these devastating mistakes destroy families' Australian dreams:
Assuming Birth in Australia Equals Automatic Citizenship: This is the most dangerous assumption parents make. Since 1986, birth in Australia doesn't automatically grant citizenship unless specific conditions are met. We've represented families who discovered after 15 years that their "Australian" child had no legal right to remain here. This mistake often leads to family separation when parents' visas expire and children have no independent right to stay.
Failing to Document Ordinary Residence Properly: Parents often don't maintain proper records of their child's residence, school attendance, and community connections. When applying for citizenship by ordinary residence, the Department requires extensive evidence spanning 10 years. Families who can't prove continuous ordinary residence lose their citizenship applications and face removal from Australia.
Waiting Too Long to Apply for Parent Visas: Parents of Australian citizen children often wait years before applying for permanent visas, not realizing processing times exceed 30 years for non-contributory applications. By then, family circumstances have changed, relationships have ended, or children have grown up and moved away, weakening the visa application substantially.
Not Securing Child's Status Before Overseas Travel: Families travel overseas assuming their Australian-born child can return freely, only to be refused entry because the child lacks citizenship or an appropriate visa. We've seen children stranded overseas while parents remain in Australia, unable to reunite because of immigration law complications.
Relying on Outdated or Wrong Advice: Immigration law changes frequently, and advice from friends, online forums, or non-lawyers is often dangerously incorrect. We regularly fix catastrophic mistakes made by families who followed wrong advice about citizenship eligibility or visa requirements. Professional legal advice isn't optional — it's essential for protecting your family's future.
Every one of these mistakes is preventable with proper legal guidance. Don't let your family become another casualty of immigration law. Call 1300 636 846 for expert advice now.
Likely Outcomes
With Professional Legal Representation: Families who engage experienced immigration lawyers typically achieve successful outcomes within 6-12 months. We secure citizenship for eligible children, identify appropriate visa pathways for parents, and create comprehensive family migration strategies. Our clients understand their rights, meet all deadlines, and avoid costly mistakes that destroy applications. Success rates for properly prepared citizenship applications exceed 95% when handled by experienced lawyers.
Without Legal Representation: Families attempting to navigate immigration law alone face significant risks and delays. Application refusal rates increase dramatically when families misunderstand eligibility criteria or fail to provide adequate evidence. Processing times extend by months or years when applications are incomplete or incorrectly prepared. We regularly see families forced to restart applications from scratch after initial refusals, adding years to the process.
Timeframes with Legal Help: Citizenship applications typically process within 3-8 months when properly prepared and lodged. Parent visa applications take 12-24 months for contributory categories and over 30 years for non-contributory options. Child visa applications process within 8-14 months depending on complexity and the child's circumstances.
Timeframes Without Legal Help: Self-represented applicants often face processing delays of 12-18 months for citizenship applications due to requests for additional information or evidence. Visa applications frequently stall for 2-3 years when documentation is inadequate or eligibility criteria are misunderstood. Failed applications mean starting over, adding years to already lengthy processes.
Financial Impact: Legal representation typically saves families thousands of dollars by avoiding application refusals, processing delays, and incorrect visa choices. The cost of refused applications, reapplication fees, and extended temporary visa costs far exceeds professional legal fees. Families without lawyers often spend years on expensive temporary visas instead of achieving permanent residence quickly.
The difference between success and failure in immigration matters often comes down to having the right legal strategy from the beginning. Don't gamble with your family's future — call 1300 636 846 for expert representation that gets results.
How Go To Court Lawyers Can Help
Go To Court Lawyers is Australia's largest legal service with over 800 experienced lawyers operating in every state and territory. Since 2010, we've helped thousands of families navigate complex immigration law and secure their children's future in Australia. Our immigration team understands the devastating impact of getting citizenship and visa matters wrong — we're here to ensure your family stays together.
Our immigration lawyers provide comprehensive services including citizenship applications, parent visas, child visas, family migration planning, and urgent immigration advice. We handle applications with the Department of Home Affairs, represent clients at Administrative Appeals Tribunal hearings, and provide strategic advice on complex family situations involving mixed visa statuses.
We offer fixed-fee initial consultations so you know exactly what legal advice will cost before you commit. Our transparent pricing means no surprise bills while you're dealing with immigration stress. We understand families facing immigration issues need certainty about legal costs while planning their future in Australia.
Our 24/7 hotline at 1300 636 846 ensures you can get urgent immigration advice when you need it most. Immigration crises don't wait for business hours — neither do we. Our lawyers understand the time-critical nature of immigration matters and provide immediate guidance when your family's future is at risk.
With a 4.5-star rating from over 780 client reviews, Go To Court Lawyers has earned Australia's trust through consistent results and genuine care for our clients' futures. Our clients appreciate our direct communication, strategic thinking, and commitment to keeping families together in Australia.
Your child's Australian future depends on the decisions you make right now. Every day of delay increases the risk to your family's ability to remain together in Australia. Call 1300 636 846 immediately for urgent immigration advice, book your consultation online, or request immediate help to secure your family's future in Australia today.