Australian Citizenship for Children Under 16: The Residency Rule Explained

A scenario worth understanding: a PR-grantee parent in Australia is meeting the four-year residence + twelve-month-PR citizenship test. The parent has a child under 16 who lives offshore (for example, with the other parent in another country) and is being included as a secondary applicant on the parent’s PR visa, but the child does not plan to actually live in Australia until later. Can the child apply for citizenship alongside the parent — and does the child need to meet residency rules independently?

Section 21(5) — the under-18 conferral pathway

Section 21(5) of the Australian Citizenship Act 2007 sets out the eligibility framework for citizenship by conferral for a person under 18. The critical point: a child under 18 does not need to meet the general 4-year residence requirement that applies to adult applicants. The child does, however, need to be a permanent resident at both the Time of Application (TOA) and the Time of Decision (TOD).

The under-16 application mechanics

• A child under 16 can be included on the same citizenship application form as the parent
• A child aged 16 or 17 must apply on their own (separate application form, parent or guardian assisting)
• For all children under 18: the residency requirement is satisfied by being a PR at TOA and TOD, not by physical residence in Australia for any specified period
• For children who are not usually resident in Australia: the Department will typically issue a Request for Information (RFI) before deciding. The RFI may probe the parent’s reasons for the child’s absence and the family’s plans

The CPI 4 policy

Citizenship Procedural Instruction (CPI) 4 — “Citizenship by Conferral – Person aged under 18” — is the Department’s policy document that case officers use to assess applications for children under 18. CPI 4 elaborates on Section 21(5) including how the Department views children who are not usually resident in Australia.

Practical example

Where a PR-grantee parent in Australia is about to apply for citizenship, and the child is included in the family unit on the parent’s PR visa but lives offshore with the other parent, the child can be added to the citizenship application provided:

• The child holds a valid Australian permanent visa at TOA and TOD
• The child has activated the PR visa — typically by entering Australia at least once after the visa grant
• Custodial arrangements are addressed — both parents’ consent or relevant court orders should be on file
• The Department’s information request is responded to comprehensively — expect detailed questions about the child’s living circumstances

What to expect on a non-resident child application

• RFI almost certain — case officer wants to understand why the child is not in Australia
• Detailed evidence about the family’s situation — both parents’ identity, custody arrangements, the child’s living and schooling arrangements
• Statement of intent — the parent’s reasons for including the child now (typically: future flexibility for the child to choose Australia)
• Longer processing time than a standard family application

Frequently asked questions

Final word

A child under 18 who is included on a parent’s citizenship application doesn’t need their own 4-year residency record — the test is being a permanent resident at Time of Application and Time of Decision. Where the child is not usually resident in Australia, expect a Request for Information and have the supporting documentation ready: PR visa grant, custody arrangements, both parents’ consents, and a clear statement of the family situation.