Child born to foreigners in Australia

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Old Oct 18th 2014, 5:51 pm
  #1  
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Smile Child born to foreigners in Australia

Hi all,

My son was born in February 2014 in Sydney. I am an international student. Neither me nor my wife are PR or Citizen of AU.

I guess the current ruling is that the child will get AU citizenship on his 10th b'day provided that he has spent most of the 10 yrs in AU. What I want to know is:

1. Can the citizenship be claimed earlier, e.g. after 6 yrs, if the child has spent the whole 6 yrs in AU?

2. What happens to the parents and siblings of the child? Do they get citizenship along with the child? (I have two more children before him and they were born outside AU).

Any clarification re the above will be highly appreciated.

Thanks a lot.

-Saif
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Old Oct 18th 2014, 6:17 pm
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Default Re: Child born to foreigners in Australia

Originally Posted by saif2456
Hi all,

My son was born in February 2014 in Sydney. I am an international student. Neither me nor my wife are PR or Citizen of AU.

I guess the current ruling is that the child will get AU citizenship on his 10th b'day provided that he has spent most of the 10 yrs in AU. What I want to know is:

1. Can the citizenship be claimed earlier, e.g. after 6 yrs, if the child has spent the whole 6 yrs in AU?

2. What happens to the parents and siblings of the child? Do they get citizenship along with the child? (I have two more children before him and they were born outside AU).

Any clarification re the above will be highly appreciated.

Thanks a lot.

-Saif
No, it says 10 years not ten minus a bit if you feel like it. The child has to be ordinarily resident in Aus all that time.
Parents and siblings have no rights due to their child/siblings being citizens and once they stop being students/dependents will have to leave or acquire PR in some other way.
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Old Oct 19th 2014, 4:28 am
  #3  
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Default Re: Child born to foreigners in Australia

Originally Posted by saif2456
Hi all,

My son was born in February 2014 in Sydney. I am an international student. Neither me nor my wife are PR or Citizen of AU.

I guess the current ruling is that the child will get AU citizenship on his 10th b'day provided that he has spent most of the 10 yrs in AU. What I want to know is:

1. Can the citizenship be claimed earlier, e.g. after 6 yrs, if the child has spent the whole 6 yrs in AU?

2. What happens to the parents and siblings of the child? Do they get citizenship along with the child? (I have two more children before him and they were born outside AU).

Any clarification re the above will be highly appreciated.

Thanks a lot.

-Saif
Giving birth in Australia is not a pathway to citizenship for the whole family, no. Are you intending to be students for the next ten years?

Got to admit, I am surprised even the child in question can, but I am not an expert on that. I have just used the citizenship wizard, to indicate I was a child of 11 who had lived in Australia all my life but was not a citizen or permanent resident and neither were my parents. The result was that my eligibility could not be confirmed (or denied).

Last edited by Bermudashorts; Oct 19th 2014 at 4:35 am.
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Old Oct 19th 2014, 1:30 pm
  #4  
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Default Re: Child born to foreigners in Australia

Originally Posted by Bermudashorts
Got to admit, I am surprised even the child in question can, but I am not an expert on that. I have just used the citizenship wizard, to indicate I was a child of 11 who had lived in Australia all my life but was not a citizen or permanent resident and neither were my parents. The result was that my eligibility could not be confirmed (or denied).
A child born in Australia, who lives in Australia until age 10, automatically becomes an Australian citizen on 10th birthday. Unless an Australian citizen already. This provision applies regardless of child or parent's immigration status.

Australian Citizenship – Proof of citizenship

You can apply for evidence of your Australian citizenship if you were:

- previously issued with an Australian citizenship certificate (this includes children who are on a parent's citizenship certificate)
- born in Australia before 20 August 1986 and acquired Australian citizenship by birth
- born in Australia on or after 20 August 1986 and one responsible parent was a permanent resident or Australian citizen
- born in Australia on or after 20 August 1986 and you spent the first 10 years of your life in Australia
- a permanent resident and adopted in Australia on or after 22 November 1984 and acquired Australian citizenship
- born in the former Australian Territory of Papua before 16 September 1975 and retained your Australian citizenship on 16 September 1976 [? - should be 1975]
- born outside Australia before 26 January 1949 to a father who was born in Australia and you arrived in Australia prior to 1 May 1987 and acquired Australian citizenship.
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