Citizenship by birth in Australia: the short answer
Birth in Australia does not, by itself, make every child an Australian citizen. Section 12 of the Australian Citizenship Act 2007 (Cth) provides two principal pathways for a person born in Australia:
- a parent was an Australian citizen or permanent resident when the person was born; or
- the person was ordinarily resident in Australia throughout the 10-year period beginning on the day of birth.
The section also contains a narrow exception relating to enemy occupation. Historical cases can require the citizenship law that applied at the relevant time, so this page focuses on the current Act.
Pathway 1: a citizen or permanent-resident parent at birth
If at least one parent was an Australian citizen or permanent resident at the time of birth, a person born in Australia is generally an Australian citizen under section 12(1)(a).
The parent’s status must be checked at the precise time of birth. A pending visa application, temporary visa, later permanent visa or later grant of citizenship is not necessarily the same as being a citizen or permanent resident at that time.
Pathway 2: ordinarily resident for the first 10 years
Section 12(1)(b) applies where the person was ordinarily resident in Australia throughout the 10 years beginning on the day of birth. This is sometimes called the “10-year rule.”
“Ordinarily resident” is a legal concept and is not always identical to continuous physical presence. Absences, living arrangements and the purpose and pattern of residence can matter. A person relying on this pathway may need evidence covering the entire period, such as:
- school, childcare and medical records;
- passports and international movement records;
- residential addresses, leases and household records; and
- parents’ visa and travel records.
Citizenship under section 12 arises by operation of law if the statutory test is satisfied. Obtaining a certificate is evidence of citizenship; it is not what creates citizenship under that section.
Proving citizenship
The Department of Home Affairs publishes a process to apply for evidence of Australian citizenship. The documents required depend on the pathway relied on and the person’s circumstances.
A state or territory birth certificate proves the fact and place of birth. It does not, on its own, prove that every person born in Australia is an Australian citizen.
If neither parent was a citizen or permanent resident
The child’s immigration status should be checked separately. The Migration Act contains provisions concerning children born in Australia to non-citizen parents, but the result can depend on the parents’ visas and circumstances. Do not assume that the child has no visa, has the “best” parent’s status or can travel and return without checking official records.
Use VEVO where available and obtain advice if the record is unclear.
Does a child’s citizenship give the parents a visa?
No automatic parent visa, permanent residence or citizenship arises merely because a child is an Australian citizen. Parent, partner and family visas have separate statutory and policy requirements. Some categories have substantial charges and long processing queues, which can change; current figures should be checked directly with Home Affairs rather than taken from an undated article.
Before applying or travelling
- Confirm each parent’s status on the date of birth.
- Collect evidence of the child’s residence and absences if relying on the 10-year rule.
- Determine whether citizenship arose automatically or another application pathway is relevant.
- Obtain evidence of citizenship before applying for an Australian passport.
- Confirm the child’s passport and visa position before overseas travel.
Call 1800 577 015 for free general legal information from Jen, Go To Court’s AI assistant. Jen is not a lawyer and cannot determine citizenship or visa status. For advice based on your documents and family history, request a 60-minute consultation with a qualified lawyer; the fixed fee is $295 and appointments are subject to availability.