Becoming a parent is life-changing, and when your child is born in Australia while you’re not an Australian citizen or permanent resident, it raises an important question: Can you stay in Australia permanently because your child was born here?
At NB Migration Law, we assist many non-Australian parents facing this complex and emotional situation. While an Australian-born child doesn’t automatically guarantee you a visa, their birth can open up pathways to permanent residency, depending on your unique circumstances.
Is My Australian-Born Child Automatically a Citizen?
Australian citizenship for children born in Australia depends on the parents’ visa status at the time of birth:
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If at least one parent is an Australian citizen or permanent resident, the child is automatically an Australian citizen.
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If both parents hold temporary visas or are in Australia unlawfully, the child is not automatically a citizen. They usually inherit the visa status of their parents.
However, Section 12 of the Australian Citizenship Act 2007 provides an important exception:
A child born in Australia automatically becomes an Australian citizen on their 10th birthday—if they have lived in the country for their first 10 years—regardless of their parents’ immigration status.
This provision can significantly impact long-term visa strategies for non-citizen parents.
Does Having an Australian-Born Child Give Me the Right to Stay?
Not immediately—but it can support your eligibility under several Australian visa pathways:
1. Partner Visa (Subclasses 820/801 or 309/100)
If you’re in a genuine relationship with the child’s other parent who is an Australian citizen or permanent resident, you may be eligible for a partner visa.
Having a child together strengthens the evidence of your relationship’s authenticity, which is crucial in partner visa applications.
2. Parent Visas (e.g., Contributory Parent, Aged Parent)
If your child becomes an Australian citizen or permanent resident—either by birth or by turning 10—they may be able to sponsor you for a parent visa when they reach adulthood.
These visas have financial, health, and character requirements, along with significant processing times.
3. Protection Visa (Subclass 866)
If returning to your home country puts you at risk of persecution or serious harm, and you have an Australian-born child, you may qualify for a Protection Visa.
Australia considers the best interests of children in these cases. Legal advice is critical, as protection claims are assessed case-by-case.
What Happens When My Child Turns 10 and Becomes a Citizen?
Once your child turns 10 and automatically becomes an Australian citizen, your migration options may expand. Although their new status doesn’t directly change your visa, it can:
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Strengthen future visa applications based on family unity
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Support a case for Ministerial Intervention
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Enable them to sponsor you later as an adult for a parent visa
Can I Request Ministerial Intervention?
If your visa has been refused or cancelled, and you’re caring for an Australian citizen child, you may request Ministerial Intervention.
This is not a visa application—it’s a discretionary process where the Minister for Immigration may grant a visa in compassionate or exceptional circumstances, such as preserving family unity or protecting a child’s best interests.
Important Considerations for Non-Citizen Parents
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Your child’s birth does not grant you an automatic visa
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Wrong or delayed action can jeopardise your ability to remain in Australia
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Each visa option comes with strict requirements and long wait times
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Your immigration history (e.g., overstays or cancellations) can impact outcomes
Seeking legal advice early allows you to explore the most appropriate visa strategy, avoid complications, and secure your family’s future.
Talk to NB Migration Law About Your Options
Every family’s situation is unique. At NB Migration Law, we guide non-Australian parents through their options—whether you’re exploring a partner visa, parent visa, citizenship rights, or humanitarian protection.
Let us help you understand your position and plan your next steps confidently.
📞 Book a confidential consultation today.