We often receive questions relating to the acquisition of Australian citizenship by children born to New Zealanders in Australia at the age of ten. The following are responses we received to some of the most common questions from David Drummond of the Department of Immigration and Border Protection. 1. Does my child automatically become an Australian citizen at age ten? Answer to Question 1 The acquisition of citizenship at the age of 10 is actually citizenship by birth. It occurs by operation of law and is covered in Section 12 of the Citizenship Act 2007: 12 Citizenship by birth (1) A person born in Australia is an Australian citizen if and only if: (a) a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or (b) the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born. It is therefore automatic, but needs to be confirmed by this Department. The only requirement is that the person was ordinarily resident in Australia for the first 10 years of their life and the confirmation is through both departmental records and identity based records (i.e. proof they were actually living in the community). 2. What documentation do I have to provide? 3. How much does it cost? Answer to Questions 2 and 3 I would recommend that any non-citizen who have a child obtain citizenship by being born in Australia (either from birth or under the 10 year rule) apply for evidence of their child’s citizenship. The appropriate form is Form 119, Application for evidence of Australian citizenship and the current fee is $60. The form is located at the following address: immi.gov.au/allforms/pdf/119.pdf Information on the documents needed is provided in the form. The documents are needed to confirm the existence of the child’s identity in the community and include such things as school reports, immunisation records, sporting club memberships, etc 4. Can my child be denied Australian citizenship at age ten because of a disability or medical condition? Answer to Question 4 The citizenship is automatically gained by operation of law. There is no consideration of health or character. The only issue is whether the child was ordinarily resident in Australia for the 10 years. 5. Will my child being a citizen of New Zealand by descent affect their application in any way? Answer to Question 5 Whether a child is a citizen by descent of another country is not a factor. 6. What is the specific length of time my child can leave Australia with out it affecting their future citizenship application? Answer to Question 6 There is not a specific length of time a child can spend outside Australia. It is covered by policy and I copied the specific reference below, as well as a link to the full Australian citizenship instruction: 2.2.5 Ordinarily resident in Australia over 10 years since birth Children born in Australia on or after 20 August 1986, who did not acquire Australian citizenship at birth, automatically acquire it if they have been ordinarily resident in Australia for ten years from birth (s12(1)(b)). In this case, the child will become an Australian citizen on their 10th birthday. This provision operates regardless of the migration or citizenship status of the parent(s). For an assessment as to whether a person became a citizen under this provision, they should lodge an application using Form 119 (Application for evidence of Australian citizenship). Relevant considerations in assessing ordinarily resident include: · the length of physical residence in Australia · whether the applicant considered that their home was in Australia for the first ten years of their life · the nature and extent of any periods of absence from Australia and · the nature and extent of ties with Australia such as presence of family, attendance at school, club memberships. The person does not need to be in Australia on their 10th birthday for this provision to apply. Temporary absences from Australia do not necessarily mean that Australia has ceased to be the permanent place of residence, however it is relevant to consider whether the person retained the right to return to Australia during the absences. If a child has been removed from Australia under the Migration Act (possibly with their family) prior to their 10th birthday and did not have the right to return to Australia they cannot be considered to have been ordinarily resident in Australia throughout the 10 years commencing from birth. citizenship.gov.au/_pdf/acis-july-2013.pdf
Posted on: Mon, 13 Oct 2014 23:30:00 +0000
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