Many young parents are having children only after immigrating to Australia. If the parents are permanent residents of Australia, is the child born to them an Australian citizen? There are two scenarios: one where the child is born within Australia, and another where the child is born outside of Australia. As long as the parents are permanent residents of Australia, the child has the right to obtain permanent residency and citizenship. The following analysis addresses several situations:
1. Both parents are PR: If both parents are PR and the child is born in China, can the child automatically obtain Australian PR?
No. A child born in China is only a Chinese citizen and does not automatically acquire Australian PR. The child needs to apply for the 101 offshore child permanent visa. This visa can only be applied for outside of Australia, and at the time of approval, the child must be outside of Australia. The official processing time is 14 months.
2. Only one parent is PR: If only one parent is PR and the child is born in Australia, can the child directly acquire citizenship?
According to Australian nationality law, the child can directly obtain Australian citizenship.
3. Neither parent is PR: If neither parent is PR and the child is born in Australia, can the child directly acquire citizenship?
According to Australian nationality law, direct citizenship acquisition is not possible. However, if the child spends most of the first 10 years after birth in Australia, they can obtain Australian citizenship upon turning 10 years old. Once the child becomes an Australian citizen, they can sponsor their parents for expedited immigration to Australia.
4. One parent is an Australian citizen: If one parent is an Australian citizen and the child is born outside of Australia, can the child apply for Australian citizenship?
According to Australian nationality law, regardless of the country of birth, the child is an Australian citizen.
Of course, if young parents have a child before immigrating to Australia, the child can immigrate to Australia with the parents and obtain PR. Additionally, if the parents are in the process of applying for Australian immigration and the child is born in China, the parents can update the child's information with the immigration office after the child's birth. Once the parents receive their visa, the child can also obtain PR simultaneously.