Did you know that a person born to an Australian citizen parent outside Australia does not automatically acquire Australian citizenship at the time of their birth. They must make an application to become an Australian citizen.
If you or your partner are an Australian citizen and have a child born overseas, they may be eligible to apply for Australian citizenship by descent.
Eligibility Criteria
- Born on or after 16 January 1949, with at least one parent being an Australian citizen at the time of the child’s birth.
- Provide legal proof of parentage (e.g., acceptable documents include but are not limited to the child’s birth certificate).
- If the child is 18 or older, they must meet the character requirements.
- If a parent became an Australian citizen by descent or by adoption, they must have spent at least 2 years lawfully in Australia before they apply
Was Your Parent an Australian Citizen When You Were Born?
Under Australian law (section 16(2)(a) of the Australian Citizenship Act), one of the key eligibility requirements for citizenship by descent is that at least one of your parents was an Australian citizen at the time you were born.
Your parent must not have lost their Australian citizenship before you were born. This could have happened if:
- They lost citizenship automatically under the old Australian Citizenship Act 1948 (for example, by acquiring another citizenship before 4 April 2002)
- They renounced their Australian citizenship before your birth
- Or, if born before 26 January 1949, they lost their British subject status under the Nationality Act 1920 (which affected citizenship status at the time)
What is the Good Character Test for Citizenship?
As part of the Australian citizenship by descent application process, applicants aged 18 years or over must satisfy the good character requirement. This requirement helps the Department of Home Affairs assess whether applicants demonstrate enduring moral qualities and a respect for Australian laws and values.
Good character refers to a person’s enduring qualities of honesty, trustworthiness, respect for the law, and respect for the rights of others. When assessing good character, the Department of Home Affairs may consider a range of factors, including but not limited to:
- Any recorded criminal convictions (in Australia or overseas)
- Any current or past obligations to a court, such as outstanding fines, penalties, or court orders
- Associations with individuals or groups involved in criminal activity or considered a security risk
- Reports of domestic or family violence
- Dishonest conduct, including providing false or misleading information in visa or citizenship applications
- Compliance with Australian laws and immigration obligations
The purpose of this assessment is to determine whether an applicant will uphold Australian values, obey Australian laws, and contribute positively to the community.
Can you Apply for Citizenship by Descent if you are under 15?
Yes, you can apply for Australian citizenship by descent if you are under 18 years old. However, applicants under the age of 18 are not required to meet the good character requirement.
For applicants 15 or younger, a parent or legal guardian will need to complete and sign the application and declaration on their behalf.
How We Can Help
At Migration Affairs, we understand that the documentation process can feel overwhelming. Our experienced team can assist you in preparing a complete, accurate, and compliant application, helping you avoid common mistakes and ensuring that every required detail is addressed. We can:
- Confirm your eligibility
- Guide you through gathering the right documents.
- Prepare and lodge a complete, accurate, and compliant application.
- Provide tailored advice every step of the way.
For immigration assistance, contact our team today at info@migrationaffairs.com.au or www.migrationaffairs.com.au/contact.
Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.
