June 2021
“Australian citizenship for those born in Australia.
You do not automatically acquire Australian citizenship”
Many people, even some of our own politicians, think that if you were born in Australia you are an Australian citizen.
However this is not automatically the case and only some people born in Australia are Australian citizens at birth.
The rules for Australian citizenship have changed a number of times over the years and can be confusing.
The situation now, is that if you were born in Australia on or after 20 August 1986 and at least one of your parents was an Australian citizen or permanent resident when you were born you acquired Australian citizenship at birth.
If you were born in Australia on or after 20 August 1986 and neither of your parents was an Australian citizen or permanent resident, you did not acquire Australian citizenship at birth.
However if you were born in Australia on or after 20 August 1986, neither of your parents was an Australian citizen or permanent resident at the time, but you were ordinarily resident in Australia for the first 10 years after you were born you can apply for proof that you have acquired Australian citizenship.
If you were born in Australia before 20 August 1986 in most cases, you will be an Australian citizen. However, there are some exclusions relating to the children of foreign diplomats.
AUSTRALIAN CITIZENSHIP FOR THOSE BORN OVERSEAS
If you were born overseas and one or both of your parents was an Australian citizen at the time of your birth, you do not automatically acquire Australian citizenship, but you are eligible to apply for Australian citizenship by descent. However, your parent will need to have spent at least 2 years lawfully in Australia before you apply if they became an Australian citizen by descent or by adoption outside Australia. If you are applying for Australian citizenship by descent and are over 18 years of age, you must be “of good character”.
The things that will be considered in determining whether you are of good character include
- Any criminal convictions.
- Incidents of reported domestic violence.
- Obligations you may have to a court in Australia or overseas.
Whether you have provided false or misleading information in relation to a visa or citizenship application.
To speak with an experienced, specialist immigration lawyer regarding your Australian visa application or options, please contact us on +61 3 9329 8744 or by email at info@erskinerodan.com.au
