Is My Baby Automatically an Australian Citizen If My Partner Is Australian?

Is a baby born in Australia to an Australian parent automatically a citizen?

A baby born in Australia to an Australian citizen or permanent resident parent is automatically an Australian citizen from birth. Only one parent needs to have that status, and it does not matter whether the parents are married. The baby does not need a visa and is not included in the partner visa application. The family can apply for evidence of citizenship or an Australian passport for the baby. Our article on the partner visa citizenship pathway explains how citizenship works for the rest of the family.

Is a baby born overseas to an Australian parent automatically a citizen?

A baby born overseas to an Australian parent is not automatically an Australian citizen. The parent must apply for citizenship by descent, and the baby becomes a citizen only when the application is approved. Where the Australian parent is a citizen by descent, an extra residence requirement applies to that parent. Until citizenship is granted, the baby needs a visa to enter Australia. This matters for offshore families applying for the Subclass 309 visa.

What if the Australian partner is a permanent resident, not a citizen?

If the Australian partner is a permanent resident rather than a citizen, a baby born in Australia is still an Australian citizen by birth. A baby born overseas to a permanent resident parent is not an Australian citizen and cannot apply for citizenship by descent through that parent. The baby will need a visa, and the usual approach is to include the baby in the partner visa application or apply for a separate visa.

What if the baby is not an Australian citizen?

If the baby is not an Australian citizen, the baby is generally taken to be included in the partner visa application where the birth occurs after lodgement and before a decision. The Department must be told of the birth and given the birth certificate, as our guide to Form 1022 for a change of circumstances explains. The baby will then need a health examination.

Does the baby's citizenship affect the partner visa?

The baby's citizenship does not change the partner visa criteria, but the baby's birth is relevant evidence of the relationship. A birth certificate naming both partners supports the nature of the commitment and the household, as our article on partner visa commitment evidence explains. An Australian citizen child does not give the applicant a right to a visa on its own, and the relationship must still be genuine and continuing.

Should the Department be told about a baby who is an Australian citizen?

The Department should be told about a baby who is an Australian citizen, because a change in the family is a change in circumstances that partner visa applicants must report. The baby is not added as an applicant, but the birth is recorded and can be used as evidence. Our article on partner visa changes of circumstances explains what must be reported.

How does My Migration Lawyers help when a baby is born during a partner visa?

My Migration Lawyers helps when a baby is born during a partner visa by confirming the baby's citizenship position from the place of birth and the parents' status, then taking the correct next step, whether that is a notification, inclusion in the application or a citizenship application. Getting this wrong can leave a baby without a visa. Families can speak with our partner visa lawyers by video from Australia or overseas.