Becoming a parent is a milestone in anyone’s life, but when your child is born in Australia and you’re not a citizen or permanent resident yourself, it often brings new questions, especially about your legal right to remain in the country. Many parents in this situation wonder if their Australian-born child changes their own visa status, or if they now have a pathway to permanent residency.
At NB Migration Law, we regularly assist non-Australian parents who are navigating this complex and emotional situation. While having a child born in Australia doesn’t automatically grant you the right to stay, it may open several legal pathways, depending on your specific circumstances.
Does My Australian-Born Child Automatically Become a Citizen?
The answer depends on your visa status at the time of the child’s birth. If one parent is an Australian citizen or holds Australian permanent residency, the child is automatically granted Australian citizenship by birth.
However, if both parents are temporary visa holders or if one or both are in Australia unlawfully, the child does not automatically become an Australian citizen. Instead, they typically inherit the visa conditions of their parents.
That said, there is a significant legal exception that many families may benefit from. Under Australian law, a child born in Australia who resides here for the first 10 years of their life automatically acquires Australian citizenship on their 10th birthday regardless of the parents’ visa status during those years. This is an important long-term consideration for families who plan to remain in the country.
Can I Stay in Australia Because My Child Was Born Here?
Having a child in Australia does not immediately entitle a parent to permanent residency. However, it can be a contributing factor in several visa pathways. Here are some of the most relevant options:
Partner Visa Pathway
If you are in a genuine and ongoing relationship with the other parent of your child and that person is an Australian citizen or permanent resident. You may be eligible to apply for a Partner Visa (subclass 820/801 for onshore applicants or 309/100 for offshore). This pathway allows you to live in Australia with your partner and child, initially on a temporary basis, with a pathway to permanent residency.
Raising a child together can support the evidence of your relationship’s authenticity, which is a crucial requirement in partner visa applications.
Parent Visa Options
If your child is or becomes an Australian citizen or permanent resident, you may be eligible to apply for a Parent Visa, such as the Contributory Parent Visa or the Aged Parent Visa. These visas usually have strict eligibility requirements, including financial criteria and long processing times. They may also require your child to act as a sponsor once they are 18 or older.
If your child acquires citizenship at age 10, this may strengthen your eligibility for a parent visa at that time, especially if they can sponsor you as an adult.
Onshore Protection or Humanitarian Visa
In more sensitive cases such as when returning to your home country could put you at risk, you may be eligible for a Protection Visa. This is typically available to individuals who fear persecution or serious harm and cannot return safely to their country of origin.
Having an Australian-born child may support your claim under Australia’s international obligations, particularly when best interests of the child are considered. However, protection visas are highly complex and assessed case-by-case, so legal advice is critical before pursuing this option.
Citizenship at Age 10 – What Happens Then?
Once your child turns 10 and becomes an Australian citizen under the law, you may have additional pathways to remain in Australia. While this doesn’t automatically change your visa status, it can provide stronger legal grounds for applying for a visa based on family unity and long-term residency.
At this point, some parents consider applying for a Parent Visa or seek Ministerial Intervention, a discretionary process that allows the immigration minister to grant a visa in exceptional circumstances.
Ministerial Intervention Based on Family Circumstances
If your visa has been refused or cancelled, and there are compelling or compassionate circumstances, such as raising an Australian citizen child, you may be eligible to request Ministerial Intervention.
This is not a visa application but a special request for the Minister to personally intervene in your case. These requests are assessed individually and are only granted in exceptional cases, usually where the circumstances fall outside standard migration rules but are considered in the best interests of the child or in the public interest.
What You Should Know Before Making a Decision
It’s important to understand that having a child in Australia does not guarantee a visa for the parent. However, it does open doors. Each option comes with its own eligibility requirements, documentation, and risks and the wrong move can have serious consequences, especially if you are without a valid visa or have previously had one cancelled.
Timeframes for visa processing can also be lengthy, so it’s essential to explore your legal position early and act strategically. In many cases, early legal advice can make all the difference between remaining in Australia with your child or facing removal.
Talk to a Migration Lawyer Today
Every family’s situation is unique, and visa pathways are not one-size-fits-all. At NB Migration Law, we help parents understand their legal rights and options when raising an Australian-born child. Whether you’re seeking a partner visa, exploring parent visa options, or simply trying to make sense of what your child’s citizenship means for you, we are here to guide you.
Reach out for a confidential consultation today and take the first step towards securing your family’s future in Australia.