Visayab migration services

Child born in Australia to permanent resident parents: citizenship is automatic, the certificate is not

If at least one of you held permanent residence when your child was born in Australia, your child became an Australian citizen automatically at birth and does not need to apply for citizenship. What is not automatic is the citizenship certificate. To obtain it, you must lodge Form 119 through ImmiAccount and pay the fee.

Dr. Sirous Ahmadi, Registered Migration Agent (MARA 0854826), says that families who have become citizens themselves and are now waiting on a certificate for their child need to separate two issues. One is being a citizen. The other is holding a document that proves that citizenship. In his experience, most of the confusion comes from treating the two as the same thing.

My partner and I hold Australian permanent residence and our child was born in Australia: the legal basis

Section 12(1)(a) of the Australian Citizenship Act 2007 provides that a child born in Australia is an Australian citizen if, at the time of the birth, one of the parents is an Australian citizen or permanent resident. This section sits in the part of the Act dealing with automatic acquisition of citizenship. Such a child is therefore already a citizen and simply lacks the document that proves it. That document is not issued unless the parents apply for it.

Form 119 and the documents to attach

The parents must lodge Form 119 (Application for evidence of Australian citizenship) on the child’s behalf through ImmiAccount and pay the fee. The main documents for the application are:

  • The child’s full birth certificate
  • Evidence that one parent held permanent residence on the day of the birth, such as the permanent visa grant notice or a passport showing the permanent visa or a permanent entry stamp

This certificate is the document the Australian Passport Office will ask you for when issuing your child’s first Australian passport. The Passport Office states clearly that if both parents were permanent residents at the time of the birth, the child’s evidence of citizenship must be obtained from the Department of Home Affairs.

Why a parent’s citizenship certificate is not enough for the child

Dr. Ahmadi explains that your own and your partner’s citizenship certificates cannot establish your child’s status, because you became citizens after the child was born. The Passport Office accepts a parent’s citizenship certificate only where it shows that citizenship was acquired before the child’s birth. For that reason, where the parents were permanent residents when the child was born, a separate application on Form 119 is the only way forward.

If your child was born before you became permanent residents

If neither parent held permanent residence when the child was born, section 12(1)(a) does not apply and the child was not a citizen from birth. In that situation there are two pathways:

  • Citizenship by conferral: either the child is included in the parents’ citizenship application, or a separate application is lodged for a child under 16.
  • Automatic citizenship on the tenth birthday: under section 12(1)(b), a child who has been ordinarily resident in Australia for the whole of the first ten years of life automatically becomes a citizen on their tenth birthday.

So the first question is this: on the day your child was born, did you or your partner hold permanent residence? The answer determines the correct pathway.

The Form 119 fee

Before lodging, check the current Form 119 fee on the Department of Home Affairs’ official fees page. That way you can be sure the amount you pay matches the current rate.

If you want to confirm which pathway your child’s case falls under and prepare the documents correctly and completely, Dr. Sirous Ahmadi is ready to review your family’s situation so that you can get through this step with confidence.

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.

Want the full legal analysis? 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? In the Australian Migration Law Magazine · 7 min read
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