Australian residency rights for children born to migrant parents

Children born to migrant parents receive certain residency rights from the Australian government depending on the place they were born as well as the type of visa their parents held at the time of birth. Introducing the main child visas offered by the Australian government, this article discusses the residency rights which apply to such […]

Children born to migrant parents receive certain residency rights from the Australian government depending on the place they were born as well as the type of visa their parents held at the time of birth. Introducing the main child visas offered by the Australian government, this article discusses the residency rights which apply to such children. If you are one of the many migrant parents in Australia and think about having a baby, here is all you need to know about your child’s residency rights in Australia.

Children born in Australia to parents who are permanent residents

If the child is born in Australia and at least one of the parents holds a permanent visa or is an eligible Australian citizen, the child automatically receives Australian citizenship. The same also applies to children born to parents who are eligible New Zealand citizens. Under such a condition, your child will be allowed to live, work, and study in Australia permanently. However, the child’s nationality is not mentioned in the birth certificate, meaning that Australia is merely the child’s place of birth, not their home country. This is important as additional documents might be required if parents want to get an Australian passport for their child.

Children born overseas to parents who are permanent residents

children born overseas to Australian permanent residents have two options. If the child is outside Australia, they need to apply for the child visa subclass 101. Of course, there are eligibility requirements that all applicants who are over 16 must meet to get this visa. Meeting the health requirements is also a must. The processing time could vary from 19-26 months and the charge is around AUD 2,710. The child visa subclass 101 is a permanent visa and allows the holder to live, study, and work permanently in Australia. If the child is in Australia on a temporary visa, they should apply for the child visa subclass 802. The processing time for the child visa subclass 802 is 13-16 months and the cost is AUD 2,710. With respect to traveling rights, visa holders of subclass 101 and subclass 802 are allowed to travel to and from Australia for 5 years. After five years, they have to apply for a resident return visa to be able to travel again. Meanwhile, if at least one of the parents was an Australian citizen at the time of birth, the child will be eligible for Australian citizenship by descent and hence does not need a visa.

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Children born in Australia to parents who are temporary residents

Children born in Australia to temporary residents acquire the same visa as their parents. As an example, if a temporary resident holds a student visa and gives birth to a child in Australia, her child is granted a student visa as well. This means that being born in Australia is not enough to be considered an Australian citizen by descent or a permanent resident for that matter. The good news is that adding the child to your temporary visa is free of charge. Also, if the child continues living in Australia for 10 consecutive years, they will be eligible for Australian citizenship no matter what type of temporary visa the parents hold. This does not include the parents as they need to apply for citizenship based on the requirements demanded by the certain visa they are holding.

Children born overseas to parents who are temporary residents

Australia offers various types of temporary visas and each visa comes with certain requirements. Children born outside Australia to temporary visa holders will receive a subsequent entrant upon their parent’s existing visa if one or both parents hold one of these temporary visas. If the temporary visa you’re holding does not allow for a subsequent entrant, you will need to apply for the dependant child visa subclass 445 for your child.

conclusion

Not the same residency rights apply to all children born to migrant parents. The type of visa parents have as well as the birthplace of the child affect the residency rights children receive. It is important to note that regardless of the type of visa you are holding, you should inform the Australian department of home affairs when your child is born. This is absolutely essential as they need to determine whether your child needs a separate visa or not. If you’re holding a temporary or permanent visa and want to learn more about your child’s residency rights, reach out and tell us more about your query.  

See also  From Student Visa to Permanent Residency (PR)

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