Citizenship by birth in Australia

Evidence of Australian citizenship by birth

Since the legal status of Australian citizenship came into force on 26 January 1949, there have been various changes to the Australian Citizenship Act 1948 relating to the acquisition of Australian citizenship by birth. Different rules apply, according to a person’s date of birth.

Information on the various kinds of documents that are acceptable as evidence of Australian citizenship is contained in DIAC form 119, Application for a Certificate of Evidence of Australian Citizenship. This form, and other citizenship information, is available from DIAC and at http://www.immi.gov.au/allforms/pdf/119.pdf

Australian birth certificate: evidence of citizenship

An Australian birth certificate can establish citizenship, as long as it is:

• A full birth certificate showing birth in Australia prior to 20 August 1986 unless one parent was a diplomat at the time of the applicant’s birth; or


• A full birth certificate showing birth in Australia on or after 20 August 1986 plus evidence that at least one parent was either an Australian citizen or a permanent resident of Australia at the time of the applicant’s birth; or


• A full birth certificate showing birth in Australia on or after 20 August 1986 plus an Australian passport issued on or after 1 January 2000 with at least two years validity.

Born in Australia before 20 August 1986

People born in Australia before 26 January 1949

Australian citizenship did not exist before 26 January 1949. Before then, people born in Australia were British subjects. In most circumstances they automatically became Australian citizens on 26 January 1949.

Further information about the citizenship of people born in Australia before 26 January 1949 is available from DIAC.

People born in Australia between 26 January 1949 and 5 May 1966 inclusive

People born in Australia between 26 January 1949 and 5 May 1966 inclusive became Australian citizens by birth unless their father had the immunity from suit and legal process accorded to an envoy of a foreign country.

People born in Australia between 6 May 1966 and 21 November 1984 inclusive

People born in Australia between 6 May 1966 and 21 November 1984 inclusive became Australian citizens by birth unless their father was entitled to diplomatic privileges and immunities or was a consular officer of a foreign country and was not an Australian citizen or a permanent resident.

People born in Australia between 22 November 1984 and 19 August 1986 inclusive

People born in Australia between 22 November 1984 and 19 August 1986 inclusive became Australian citizens by birth unless one parent was entitled to diplomatic privileges and immunities or was a consular officer of a foreign country and neither parent was an Australian citizen or a permanent resident.

Born in Australia on or after 20 August 1986

General

People born in Australia (including Norfolk Island, Cocos (Keeling) Islands and Christmas Island) on or after 20 August 1986 are Australian citizens by birth if at least one parent was an Australian citizen or a permanent resident at the time of the person’s birth.

In cases where both the applicant and the parent(s) of the applicant were born after 20 August 1986 and neither of the parents has held an Australian passport with at least 2 years validity issued on or after 1 January 2000, the following applies:

• Applicant born in Australia on or after 20 August 1986 and parent(s) born in Australia before 20 August 1986: the applicant should provide evidence of one parent’s citizenship or permanent residency. See ‘ Evidence of parent’s citizenship or permanent residency ’ for details.


• Applicant born in Australia after 20 August 1986 and parent(s) born in Australia on or after 20 August 1986: the applicant should provide one parent’s Australian passport issued on or after 1 January 2000. If the applicant cannot provide one parent’s passport issued on or after 1 January 2000, refer applicant to DIAC to obtain evidence of citizenship.
  
  There is also provision in the Australian Citizenship Act 2007 for children born in Australia to acquire Australian citizenship by registration if they would otherwise be stateless.
  

In cases where the applicant is unable to provide supporting documentation to confirm their Australian citizenship, refer the applicant to DIAC.

Permanent resident

For these provisions, a permanent resident is a foreign national who:

• Before 1 September 1994 has been granted an entry permit by DIAC authorising him or her to live in Australia without any time limits. This does not include people who entered Australia and were exempted from the need to hold an entry permit under the provisions of the Migration Act 1958 – for example:
• Members of the Defence Forces of the Crown or a Government recognised by the Commonwealth entering Australia;
• Diplomatic or consular representatives, their staff and family;
• Crew members of vessels entering Australia;
• New Zealand citizens not in possession of a permanent entry permit who last arrived in Australia on or after 26 January 1973;
• Permanent residents of the Territory of Norfolk Island not in possession of a permanent entry permit who last arrived in Australia (including Norfolk Island) on or after 1 July 1981;


• After 1 September 1994 has been granted a permanent visa; or


• Is a New Zealand citizen who meets the requirements of the Australian Citizenship Act 1948 (see Applicants born in Australia to New Zealand parents); and


• Was not deported or removed from Australia.

Evidence of parent’s citizenship or permanent residency

Evidence of citizenship of a parent includes:

• Australian passport issued to a parent born in Australia before 20 August 1986, with at least 2 years validity, on or after 20 August 1986 and valid at the time of the applicant’s birth; or


• full Australian birth certificate for a parent born in Australia before 20 August 1986; or


• Australian citizenship certificate for a parent issued prior to the birth of the applicant.


• one of the applicant’s parents was born in Australia on or after 20 August 1986 and neither parent has held an Australian passport issued with at least 2 years validity on or after 1 January 2000, the applicant will need to be referred to DIAC for evidence of citizenship.

If neither parent was an Australian citizen at the time of the applicant’s birth, evidence of permanent residence status for either parent may be confirmed by a permanent entry permit in their foreign passport valid at the time of the applicant’s birth. See ‘ Permanent resident ’ or evidence from DIAC.

If neither parent was born in Australia, had not acquired Australian citizenship or was not a Permanent Resident at the time of the applicant’s birth and the applicant believes they were ordinarily resident* in Australia for the first 10 years of their life, the applicant will need to be referred to DIAC for evidence of citizenship.

In cases where the applicant is unable to provide supporting documentation to confirm their Australian citizenship, refer the applicant to DIAC.

*the term ordinarily resident is used in s12(1)(b) of the Australian Citizenship Act 2007 in relation to a child becoming an Australian citizen on their 10^th birthday. This provision applies to children born in Australia on or after 20 August 1986 who did not have a parent who was an Australian citizen or permanent resident at the time of their birth.