Did you know that Australian citizenship is one of the other valuable things you can inherit from your parents?
With all that has happened in the past two years, many of us have started to question where we belong in this vast world, what circumstances lay ahead of us and where we would like to establish ourselves in the future. Naturally, many people see Australia as the ideal place for them to settle for a stable and secure future. The visa application process can be very complicated and the pathways may be limited. The good news is that it is possible for those born overseas to an Australian parent to obtain Australian citizenship by descent. We outline exactly how one is eligible for citizenship by descent and how to meet the requirements.
Your parents’ citizenship status when you were born
One of the key requirements for Australian citizenship by descent is that if you were born overseas on or after 26 January 1949, one of your parents must have been an Australian citizen at the time of your birth. This would need to be evidenced by documents such as your birth certificate as well as proof that one of your parents was an Australian citizen at the time. This may include their birth certificate, the Australian passport that was valid at the time you were born, their Australian citizenship certificate issued before your date of birth or if they were born in Australia, their Australian birth certificate.
Your parent obtained citizenship by descent or were adopted outside of Australia
If your parent obtained their Australian citizenship by descent or if they were adopted overseas under the Hague Convention on Intercountry Adoption or through an agreement between Australia and their birth country, then they will need to have been in Australia for at least 2 years prior to your citizenship application being submitted.
This can be proven by requesting international movement records from the Department of Home Affairs or contacting the National Archives of Australia to obtain any records held for your parent. Other documents proving your parent’s residence in Australia may include school or employment records, tax returns, social security (Centrelink) records or other documents issued by a Federal or State government agency.
Character and identity requirements
The other key requirement when applying for Australian citizenship by descent is to demonstrate that you are of good character. This means that you would need to provide police certificates or clearances from any country you have spent more than 12 months in total in the past 10 years. This may include Australia and the country you most recently resided in. You will also need to provide documents verifying your identity including your passport, birth certificate, national ID card, marriage certificate, driver’s licence and any documents proving your residential address.
Other evidence you may be asked to provide
Sometimes, it may not be possible to provide all of the required documents listed above. In certain circumstances, the Department of Home Affairs may ask you to undertake a DNA test to prove that you are the biological child of your Australian parent.
Other times, you might also be asked to provide birth registration records, prenatal records for your birth parent during pregnancy, hospital admission and discharge records following your birth, evidence of the relationship between your parents predating conception or birth, ultrasound reports and images from the issuing clinic or hospital. A request for this level of detail may seem rather excessive but the Department of Home Affairs has indicated that they have previously encountered cases of fraud within the citizenship program and have had to implement more thorough checks as part of their assessment process.
What you can do if you’re unsure
If you think you might be eligible for Australian citizenship by descent, but need advice or guidance, we would love to help! We understand that people are now very busy and find it hard to make time to see someone in person so you can book a video or telephone consultation with us. No matter where you are, you can be sure that you’ll get sound advice and information from us on your prospects for Australian citizenship.
Thinking about becoming an Australian citizen?
Speak to our Registered Migration Agent today!
About Peter Chang
Peter Chang is a registered migration agent based in the Western Sydney hub of Parramatta, Australia. He is the co-founder of Titan Migration, a consultancy specialising in providing Australian immigration advice and visa assistance services.