Australian Nationality Law - Australian Citizenship By Descent

Australian Citizenship By Descent

Persons born overseas to an Australian citizen parent have been able to acquire Australian citizenship in the following ways:

• British subjects born outside Australia before 26 January 1949 with an Australian father became Australian citizens automatically upon entering Australia with a permanent visa (up to 30 April 1987)
• A person born outside Australia on or after 26 January 1949 may be registered as an Australian citizen by descent provided
  • they had an Australian citizen parent at the time of birth; and
  • if the Australian parent is also an Australian citizen by descent, that parent had lived legally in Australia for a total of 2 years
• A person born outside Australia or New Guinea before 26 January 1949 may be registered as an Australian citizen provided:
  • that person has a parent born or naturalised in Australia or New Guinea; and
  • the parent became an Australian citizen on 26 January 1949.

If aged 18 or over, an applicant for Australian citizenship by descent must be of good character.

Australian citizenship by descent is never conferred at birth. While it will be granted upon application if the requirements are met, no child born outside Australia to an Australian parent acquires citizenship until this step is taken.

Registration as an Australian citizen by descent (pdf format)