Many people assume that children born in Australia automatically become Australian citizens. This is not true for families on temporary visas. Understanding how the law treats children born to temporary visa holders is essential for maintaining your family’s lawful status.
Citizenship Myths vs. Reality
Australia does not grant automatic citizenship to children born in Australia if their parents are on temporary visas. Instead, the child’s status depends on the visas held by each biological parent at the time of birth.
How the Law Works
Under section 78 of the Migration Act, a child born in Australia to parents who are not citizens or permanent residents is deemed to hold the same temporary visa held by each parent. The higher (or “superior”) visa takes effect. If both parents hold student visas that later expire, the child also becomes unlawful once those visas expire.
Important Exception – Regulation 2.08
If either parent has a visa application pending at the time of the child’s birth, regulation 2.08 automatically includes the child in that application. In this situation, the child is entitled to a Bridging Visa while the application is decided.
Beware of Bridging Visa E
Moving children onto a Bridging Visa E (BVE) can cut off a range of future visa options. Because each family’s situation is different, it’s important to review the full visa history of both parents before taking any action.
Path to Citizenship
Children born in Australia who live here continuously for the first ten years of their life automatically become Australian citizens on their tenth birthday, regardless of their parents’ immigration status.
Key Points
- Being born in Australia does not automatically confer citizenship if the parents hold temporary visas.
- Children inherit the temporary visas of their parents, and those visas must remain valid.
- Regulation 2.08 can include a newborn in a parent’s pending visa application, granting a Bridging Visa.
- Decisions about Bridging Visas should be made carefully to avoid closing off options.
Disclaimer: This overview is general information only. The visa status of children born in Australia depends on the specific circumstances of both parents.
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Need advice about the visa status of your child? Our team can assess your family’s situation and advise on the best pathway forward.
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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