Australian citizenship can be acquired through various circumstances related to birth. In this blog, we'll explore the three types of citizenship by birth.
Child Born in Australia with at Least One Parent Holding Australian Citizenship
If a child is born in Australia with at least one parent holding Australian citizenship, the child automatically becomes an Australian citizen.
Child Born Outside Australia with at Least One Parent Holding Australian Citizenship
Children born outside Australia with at least one parent holding Australian citizenship them they can apply for Australian citizenship through their parents.
Child Born in Australia – Ordinarily Resident and the 10-Year Rule
If a child is born in Australia and has two parents with neither of whom are Australian Citizens or Permanent Residents, and the child has been ordinarily resident in Australia throughout the first 10 years from your birth Australia as its primary residence up until the age of 10, the Child automatically becomes an Australian Citizen.
Recent case and flexibility by the Australian government
Recent legal developments, such as the case of Minister for Immigration, Citizenship and Multicultural Affairs v Sidhu by his litigation representative Kaur [2023] FCAFC 133, have brought about flexibility by the Full Federal court in interpreting the term "ordinarily resident."
This broader interpretation of ordinarily resident was more generous on how much time the child could be outside of Australia and still get Australian citizenship. In Sidhu, the child’s parents lived and worked in Australia while the child for some years lived with the grandparents in India. The child was still able to become an Australian Citizen on its 10th birthday.
Understanding the pathways to Australian citizenship by birth is crucial for individuals and families. Recent legal developments highlight the importance of flexibility in interpreting residency requirements, providing opportunities for those whose circumstances involve periods of living outside. If you need any assistance, please book an appointment. We are happy to help you.
Sources:
https://immi.homeaffairs.gov.au/citizenship/become-a-citizen
https://immi.homeaffairs.gov.au/citizenship/become-a-citizen/by-descent
https://jade.io/article/1042515
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