Many parents who hold European passports ask whether a child born to them in Australia becomes an Australian citizen or only takes on the parents’ nationality. Dr. Sirous Ahmadi, Registered Migration Agent (MARA 0854826), answers that question in this article. The answer is set out in Australian citizenship law. What matters is the parents’ residence status on the day of the birth, not their passports.
The short answer
A child born in Australia does not become an Australian citizen simply because of where they were born. Under section 12 of the Australian Citizenship Act 2007, a child is an Australian citizen from birth if at least one parent is an Australian citizen or permanent resident on the day the child is born. Holding a European passport makes no difference to this. Otherwise, if the child is ordinarily resident in Australia for the first ten years of life, they automatically become a citizen on their tenth birthday. Whether the child also acquires European nationality depends on the law of that European country.
What does the law say?
The core rule is in section 12 of the Australian Citizenship Act 2007. The Attorney-General’s Department explains this section as follows: Section 12 of the Australian Citizenship Act 2007 provides that a person born in Australia is an Australian citizen if a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born or the person is ordinarily resident in Australia for the first 10 years of the person’s life.
In other words, Australia does not grant citizenship on the basis of place of birth alone. Being born on Australian soil is necessary but not sufficient. One of the following two conditions must also be met:
- Paragraph (a) of section 12(1): one of the parents is an Australian citizen or permanent resident at the moment of birth.
- Paragraph (b) of section 12(1): in the words of the Act, the child is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.
The ten-year rule has nothing to do with the parents’ status. In a fact sheet, the Department of Home Affairs says of a child who was not a citizen at birth that they automatically acquires it on their 10th birthday if they have been residing in Australia since their birth. This provision operates regardless of the parents’ immigration or citizenship status.
Section 12(2) also contains a few narrow exceptions. Under it, a person is not an Australian citizen under this section if, at the time the person is born certain specific circumstances exist. These exceptions do not apply to ordinary families.
For children who would otherwise have no nationality at all (stateless children), the law makes separate provision: Sections 16 and 21 of the Citizenship Act make special provision regarding the eligibility of stateless persons to acquire Australian citizenship.
The main conditions for citizenship of a child born in Australia
| Parents’ status on the day of birth | Child’s status under Australian law |
|---|---|
| At least one parent is an Australian citizen (with any other passport as well) | Australian citizen from birth (section 12(1)(a)) |
| At least one parent is an Australian permanent resident (PR), even if they hold a European passport | Australian citizen from birth (section 12(1)(a)) |
| The parents are New Zealand citizens | May be a citizen from birth. Home Affairs says: If you are a permanent visa holder, eligible New Zealand citizen or an Australian citizen and your children were born in Australia, they may already be Australian citizens by birth. |
| Both parents hold temporary visas (for example, Europeans on a work or student visa) | Not a citizen at birth, but becomes a citizen on their tenth birthday if ordinarily resident in Australia for the first ten years (section 12(1)(b)) |
| The child would otherwise be stateless | Sections 16 and 21 make special provision |
- Timing: only the parents’ status on the day of birth matters.
- Number of parents: it is enough that one parent meets the requirement.
- European passport: it neither helps nor hinders the child’s Australian citizenship. What is tested is Australian citizenship or permanent residence.
- The child’s European nationality: Australian law does not decide this. The Australian Government stresses: Whether you’re a dual national depends on the laws of Australia and the other country.
What this means for you
Dr. Sirous Ahmadi separates two questions. The first is whether the child is an Australian citizen. The answer to that lies only in Australian law. The second is whether the child also holds the nationality of the European country. The answer to that lies only in that country’s law. The two do not conflict, and a child may hold both nationalities.
If you or your partner were an Australian citizen or permanent resident on the day your child was born, your child is an Australian citizen without needing to apply for citizenship. In that case you would usually only need to apply for official evidence of citizenship. If you both held temporary visas, your child is not a citizen, but the door is not closed. The ten-year rule exists, and your own permanent residence pathway may produce a result sooner.
To establish your child’s European nationality, check the laws of that country. Some countries automatically pass nationality to a child born abroad, while others require the birth to be registered at a consulate. Dr. Sirous Ahmadi, Registered Migration Agent, reviews the Australian side of the case date by date: each parent’s visa status on the day of birth, whether permanent residence was held, and the child’s residence over the ten years.
Sources
- Australian Citizenship Act 2007 – Section 12 Citizenship by birth (AustLII)
- Right to a name and acquire a nationality – Attorney-General’s Department (updated July 2026)
- New Zealand citizens and Your Family – Department of Home Affairs
- Fact sheet – New Zealanders in Australia – Department of Home Affairs (document released under FOI)
- Advice for Australian dual nationals travelling overseas – Smartraveller
Know your child’s status with confidence
The birth of a child is a significant moment, and it is best for their legal status to be clear from day one. If you want to know whether your child is an Australian citizen from birth, whether the ten-year pathway will apply, or whether your own permanent residence pathway will resolve things sooner, Dr. Sirous Ahmadi, Registered Migration Agent (MARA 0854826), will review your family’s circumstances against the law and tell you clearly what the next step is. Get in touch for a personal consultation.
Frequently asked questions
Is a child born in Australia automatically an Australian citizen?
No, being born in Australia is not enough on its own. Under section 12 of the Australian Citizenship Act 2007, a child is a citizen from birth if at least one parent is an Australian citizen or permanent resident on the day of the birth. Otherwise, if the child is ordinarily resident in Australia for the first ten years of life, they become a citizen on their tenth birthday.
If a parent holds a European passport, what happens to the child’s Australian citizenship?
A European passport makes no difference. If that parent or the other parent is an Australian citizen or permanent resident on the day of the birth, the child is an Australian citizen from birth.
If both parents hold temporary visas, will the child never become an Australian citizen?
The child can. Under section 12(1)(b), if the child is ordinarily resident in Australia for the first ten years of life, they automatically become a citizen on their tenth birthday. The parents’ visa status or nationality does not affect this rule.
Does a child born in Australia also acquire the European nationality of a parent?
That is determined by the law of the European country concerned, not by Australian law. Some countries pass nationality to the child automatically, while others require the birth to be registered.
What is the status of a child born in Australia to New Zealand parents?
According to the Department of Home Affairs, if a parent is a permanent visa holder, an eligible New Zealand citizen or an Australian citizen, a child born in Australia may be an Australian citizen from birth.
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.