Immigration
February 26, 2025

What is the Visa Status of a Child Born in Australia?

ByTaiwo Abimbola

When a child is born in Australia, it’s a momentous occasion for the family. However, it also raises important questions about the child’s visa status and citizenship. As a parent, understanding the visa status of your child born in Australia is crucial to ensure their rights and privileges are protected. In this comprehensive guide, we’ll break down the rules and regulations surrounding the visa status of children born in Australia.

The Fundamental Rule

Before we dive into the specifics, let’s cover some fundamentals. The visa status of a child born in Australia depends on the parents’ visa status at the time of birth. The Australian government has laws in place to determine the citizenship and visa status of children born in the country.

Born in Australia: Understanding Your Child's Status

If your child was born in Australia, here are the relevant details:

Australian Citizen Parents:

If at least one parent is an Australian citizen, your child becomes an Australian citizen by birth. No separate application is required.
An Australian passport is necessary for international travel.

Visit the Australian Passport Office website to apply for a passport.

To obtain proof of citizenship, apply online for Evidence of Australian Citizenship.

Permanent Resident Parents:

Similar to citizen parents, if one parent is an Australian permanent resident, your child becomes an Australian citizen by birth.
An Australian passport is required for travel.

Apply for the passport via the Australian Passport Office website.
To obtain proof of citizenship, apply online for Evidence of Australian Citizenship.

Temporary Visa Holder Parents:

If you hold a temporary visa (excluding a special purpose visa), your child is granted the same visa as you.
You must notify the Department of Home Affairs.

If you have an ImmiAccount, upload the following documents:

Form 1022 – Notification of changes in circumstances

Your child’s Australian birth certificate (color scan)

Your child’s passport pages (color scan)

If you do not have an ImmiAccount, notify by post with certified copies.

Notification is essential for:

Access to Visa Entitlement Verification Online (VEVO)

Avoiding travel delays

Note: Children born in Australia on or after August 20, 1986, acquire citizenship if they have resided in Australia for 10 years, regardless of parents’ status.

Born Outside of Australia: Navigating Different Regulations

If your child was born outside Australia, the regulations differ:

Australian Citizen Parents:

Your child may be eligible for Australian citizenship by descent.

This process requires an application.

Obtain the Australian citizenship by descent extract before applying for a passport.
Your child can travel to Australia on another country’s passport with a visitor visa if they do not have Australian citizenship by descent yet.

Permanent Resident Parents:

Your child will require a visa.

Consider these options:

Child (subclass 101) visa
Adding them to a Partner or Prospective Marriage visa application
A temporary visa such as a visitor visa.

Temporary Visa Holder Parents:

Your child will require a visa.

For specific visas (listed below), you can apply for a ‘subsequent entrant’:

Business Innovation and Investment (provisional) (subclass 188) visa

Skilled Regional (provisional) (subclass 489) visa

Student (subclass 500) visa

Temporary Work (International Relations) (subclass 403) visa

Training (subclass 407) visa

Temporary Activity (subclass 408) visa

Temporary Work (Skilled) (subclass 457) visa

Temporary Skills1 Shortage (subclass 482) visa

Skills in Demand (subclass 482) visa

Skilled Employer Sponsored Regional (subclass 494) visa

Skilled Work Regional (subclass 491) visa

For other temporary visas, apply for a new visa.

If you have a pending visa application, your child will be added after you notify the department.

The following table provides a summary of the visa status of children born in Australia:

Parent Status	Born in Australia	Born Outside Australia
Australian Citizen	Citizen by birth	Citizen by descent
Permanent Resident	Citizen by birth	Visa required
Temporary Visa Holder	Temporary visa	Visa required

Determining Your Child's Status

The Department of Home Affairs provides an online tool to determine your child’s status. It utilizes questions regarding your child’s birthplace and your visa status.

Key Child Visa Considerations

Department Notification: Always notify the Department of Home Affairs of your child’s birth.

Visa Conditions: Your child’s visa will align with your own.

Travel Documentation: Your child requires a passport for international travel.

Citizenship Documentation: If your child is an Australian citizen, an Australian passport is recommended.

Visa Requirements: Your child must meet all visa requirements.

Frequently Asked Questions of Child Born in Australia

Here are some frequently asked questions about the visa status of children born in Australia:

Does my child automatically become a citizen if born in Australia?

It depends on your visa status. If you are a citizen or permanent resident, then yes. Otherwise, your child will take on your visa status, or need to apply for a new visa.

What if my visa application was refused?

You must still notify the Department of your child’s birth.

Can my child travel on my passport?

No, children require their own passport to travel.

Do I need to notify the Department of Home Affairs about my child's birth?

Yes, notification of your child’s birth is essential to ensure their visa status
is correct.

How do I apply for Australian citizenship by descent for my child?

You can apply for Australian citizenship by descent through the Australian Department of Home Affairs website or by consulting with a registered migration agent.

Conclusion

Understanding the visa status of a child born in Australia can be complex, but it’s essential to ensure your child’s rights and privileges are protected. By following the guidelines outlined in this article, you can ensure your child’s visa status is correct and they can live, work, and study in Australia without any restrictions.