My Spouse and I Held Permanent Residence When Our Child Was Born in Australia; Now That We Are Citizens, Is Our Child's Citizenship Certificate Issued Automatically or Must We Apply Separately?

One of our viewers asked this question, and many migrant families face it: the parents have become citizens, but their Australian-born child has no document proving citizenship. Dr. Sirous Ahmadi, Registered Migration Agent (MARA 0854826), says the answer depends on one date: did at least one parent hold permanent residence on the day the child was born? Both scenarios and the practical steps for each are explained below.

The short answer

If you or your spouse held Australian permanent residence on the day your child was born, your child became an Australian citizen automatically from the moment of birth under s 12(1)(a) of the Australian Citizenship Act 2007. No citizenship application is needed. However, the citizenship certificate is not issued automatically. To get it, you must lodge Form 119 (Application for evidence of Australian citizenship) through ImmiAccount and pay the fee. If your child was born before you became a permanent resident, the pathway is completely different.

What does the law say? Citizenship by birth in Australia and the citizenship certificate

The foundation of this issue is section 12 of the Australian Citizenship Act 2007. Under this section, a person born in Australia is an Australian citizen if (a) a parent of the person is an Australian citizen or a permanent resident at the time of the person’s birth; or (b) the person is ordinarily resident in Australia throughout the 10 years beginning on the day the person is born.

In the official table of contents of the Act, section 12 is headed “Citizenship by birth” under Division 1—Automatic acquisition of Australian citizenship. That means this citizenship is “automatic” and does not require any decision or approval by the Minister. The Attorney-General’s Department describes section 12 the same way: a person born in Australia is a citizen if a parent is a citizen or permanent resident at the time of birth, or if the person is ordinarily resident in Australia for the first 10 years of life.

Dr. Sirous Ahmadi stresses that two things must be kept apart: being a citizen and holding a document that proves citizenship. The law gives you the first automatically, but you must apply separately to the Department of Home Affairs for the second. The Australian Passport Office states clearly that if both of your parents were Australian permanent residents when you were born, you need to apply for evidence of citizenship through the Department of Home Affairs. It also says that if you do not have a citizenship certificate, you must contact the Department of Home Affairs and apply for evidence of citizenship before applying for a passport.

The citizenship certificates you received at your own ceremony do not prove your child’s citizenship. The Department of Home Affairs accepts a parent’s citizenship certificate as evidence of the child’s citizenship only where it shows that the parent became a citizen before the person was born. You became citizens after your child was born, so your certificates do not meet that requirement. The basis of your child’s citizenship is your permanent residence on the day of their birth.

The two possible scenarios and the documents needed for Form 119

Scenario 1: A parent held permanent residence on the day the child was born

• Legal position: The child has been a citizen since birth under s 12(1)(a). No application for citizenship (conferral) is required.
• Action required: Lodge Form 119 through ImmiAccount. Official government sources describe the same pathway: a person without a citizenship certificate must lodge Form 119 (Application for evidence of Australian citizenship) with the Department of Home Affairs.
• The child’s full birth certificate: A full birth certificate showing the names of both parents.
• Evidence of a parent’s permanent residence on the day of birth: For a child who became a citizen at birth because a parent was a citizen or permanent resident, evidence of a parent’s permanent residence (if applicable) is required, for example a passport containing a permanent visa or a permanent entry stamp. Your permanent visa grant letter, dated before the child’s birth, is your key document.
• Fee: The official amount is set out in the Department of Home Affairs citizenship fee sheet (Form 1298i). These fees are set in the Australian Citizenship Regulation 2016 and are indexed each year on 1 July in line with the Consumer Price Index. Before you lodge your application, take the current amount from that sheet.
• Use: This certificate is the document the Passport Office requires before issuing your child’s first Australian passport.

Scenario 2: The child was born before the parents became permanent residents

• Legal position: Section 12(1)(a) does not apply, and the child did not become a citizen at birth.
• First pathway, citizenship by conferral: The child either should have been included in the parents’ citizenship application or can now apply separately as a child under 16. Home Affairs Form 1290 states that children can apply independently, and a responsible parent must consent to and sign the application.
• Second pathway, the ten-year rule: Under s 12(1)(b), if a child has lived mainly in Australia for the first 10 years after birth, the child becomes a citizen on their tenth birthday, even if neither parent was a citizen or permanent resident at the time of the birth.

What does this mean for you?

The first step is to compare the grant date of your and your spouse’s permanent visas with your child’s date of birth. Dr. Sirous Ahmadi explains that if either of your permanent visas was granted before the birth, your child has been an Australian citizen since day one. In that case, what you need is the proof of citizenship, not citizenship itself. You do this with Form 119: attach your child’s full birth certificate and evidence of a parent’s permanent residence on the day of birth, and once you receive the certificate, apply for your child’s passport.

If your child was born before you became permanent residents, the right route is either citizenship by conferral or the ten-year rule. Because you are now citizens, the best option can be chosen based on your child’s age and residence history. In both scenarios there is a clear, lawful path. Dr. Sirous Ahmadi, Registered Migration Agent, says the most important point is choosing the right form based on the actual dates in your file. Lodging the wrong form wastes your time and money.

Sources

• Australian Citizenship Act 2007 – Section 12 Citizenship by birth (AustLII)
• Australian Citizenship Act 2007 – Federal Register of Legislation
• Right to a name and acquire a nationality – Attorney-General’s Department (July 2026)
• Confirming Australian Citizenship – Department of Home Affairs
• Get a certificate / Evidence of citizenship – Department of Home Affairs
• Form 1298i – Citizenship application fees – Department of Home Affairs
• Form 1290 – Application for Australian citizenship, Other situations – Department of Home Affairs
• Australian citizenship – Australian Passport Office
• Applying for evidence of citizenship on behalf of a child – Child Protection Manual, Victoria (May 2026)
• Eligibility criteria for Australian citizens – Department of Employment and Workplace Relations

Read the short answer ←

Frequently asked questions

My child was born in Australia and I held permanent residence at the time of the birth. Do I need to apply for citizenship for my child?

No. Under s 12(1)(a) of the Australian Citizenship Act 2007, if a parent is a permanent resident at the time of birth, the child is a citizen automatically from birth. You only need to lodge Form 119 through ImmiAccount to obtain the citizenship certificate.

Is the parents’ citizenship certificate enough to get my child’s passport?

Not if the parents became citizens after the child was born. A parent’s citizenship certificate proves the child’s citizenship only where it shows that the parent became a citizen before the child’s birth. Otherwise, you must obtain a citizenship certificate for your child using Form 119.

What documents do I need for my child’s Form 119?

Your child’s full birth certificate showing the names of both parents, and evidence that a parent held permanent residence on the day of birth, such as a permanent visa grant letter or a passport containing the permanent visa.

What if my child was born before we got permanent residence?

In that case your child did not become a citizen at birth. The child can become a citizen by conferral (by being included in the parents’ application, or through a separate application for a child under 16). Alternatively, if the child has been ordinarily resident in Australia for the first 10 years of life, the child becomes a citizen automatically on their tenth birthday under s 12(1)(b).

How much does Form 119 cost?

The official amount is set out in the Department of Home Affairs citizenship fee sheet (Form 1298i). The amount is indexed each year on 1 July in line with the Consumer Price Index, so check the current amount before you lodge your application.

This answer reflects the law and policy as verified on November 5, 2026. Immigration rules change frequently — confirm the current position before acting.

Dr. Sirous Ahmadi Registered Migration Agent 0854826

This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.