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Australian Citizenship by Birth

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#1 Kanga



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Posted 13 June 2012 - 01:52 PM

Citizenship by Birth

Section 12 of the Australian Citizenship Act provides that every person born in Australia is an Australian citizen with the exception of the following:

Persons born on or after 20 August 1986 where both parents of the person were not Australian citizens or permanent residents of Australia at the time of the person's birth.

However where a person is born to an illegal entrant and has actually lived in Australia for a period of 10 years from the date of their birth, then on their tenth birthday, they automatically become an Australian citizen.

The children of illegal entrants will usually have the same citizenship as one or both of their parents. If they cannot acquire a citizenship through their parents, or through 10 years of residence, the Minister will still grant Australian citizenship but only if such a grant would be needed to prevent them from being stateless. Equally, a person is an Australian citizen if the person is found abandoned in Australia as a child, unless the contrary is proved.

Children born to parents or a parent holding a temporary entry permit to legally reside in Australia for a limited period of time are deemed to be included in the parents' temporary entry permit. If one parent holds a longer temporary entry permit than the other parent, their child is deemed to be included in the longer permit.

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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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