What happens to a child born in Australia to foreign parents?

What happens to a child born in Australia to foreign parents?

What happens to a child born in Australia to foreign parents?

It’s a question which sparks much curiosity.  What happens if a child is born in Australia to foreign parents?  Don’t assume that the newborn will automatically gain Australian citizenship, it is very much dependent on the type of visa or status which the parents hold.

Up until the 20th August 1986, all children that were born were classed as Australian citizens, but the rise in temporary migration prompted a change in law.

When is a baby born in Australia a citizen?

Current legislation states that if at least one parent is an Australian citizen or permanent resident then the child will automatically acquire Australian citizenship.  Once a baby is born, it’s just a case of the parents applying for an Australian passport once a birth certificate has been issued.

A good way of remembering this, is that if both parents have different migration statuses, then the new born gets the so called 'best' status.

If the parents are both permanent residents, the child still gets citizenship.  This means their baby will beat them in the race for citizenship and a much-coveted Australian passport. It’s when the parents are on temporary visas when the situation gets a little more complicated.

What if the parents are on visas?

If both parents arrive on a visa then legally the child will hold the same type of visa.  Once the baby arrives, there is no need for the parents to apply for the visa, but you are duty bound to contact the Department of Immigration, so that a visa can be attached to the child’s passport.  There is usually little or no cost involved.

This applies to various types of visas for example a  Temporary Work visa (Subclass 457)  or student visa.  When the parents move onto a permanent residency visa, so too does the baby. 

Parents who separate
The situation can get complicated if a migrant on a temporary visa has a baby with an Australian and they then separate.  While the baby is deemed an Australian citizen, if the couple split up then the foreign parent does not have a legal automatic right to stay in Australia.

This can ultimately mean they can’t stay with their child.  The Immigration Minister makes the decision as to whether to grant the foreign parent a permanent visa.  Waiting for this decision can be protracted and stressful with a worst-case scenario of a parent being forced to leave the country and their child.

It goes without saying that if you are planning to travel overseas shortly after the birth of your baby, ensure all your documentation is in place before making the journey.  If you don’t, it could create problems on your return, most importantly make sure the birth is registered.

Visa Solutions Australia has a wealth of expertise in all matters relating to migration.  Our informative blogs rank in the top 25 visa bogs in the world according to http://blog.feedspot.com/visa_blogs/ Why not ring us today to discuss your requirements?  

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