Australian Immigration Lawyer

Visas for Children

1. Children born in Australia

If a child was born in Australia to foreign national parents before 19 August 1986, he/she automatically became an Australian Citizen. However, if a child was born after the 19 August 1986 he/she is not automatically an Australian Citizen. The Australian-born child must remain in Australia for 10 years before an Australian Citizenship application can be successful.

An interesting case that has been filed in the High Court of Australia is that of 5 year old Tania Singh who was born in Australia to Indian National parents. Should she be successful in her bid for her birthright then the 10- year rule may be changed.

2. Children brought/sent to Australia

If children are brought/sent to Australia before they turn 18 years old and their visas expire, they may be able to apply for permanent residence in Australia. The Australian Federal Government recently introduced a number of further requirements and restrictions on this visa category. For example, student visa holders are now excluded from applying for this visa category and English Language testing is now required in some cases.

This visa category will be removed on 1 July 2005. No substitute visa category has been announced.

3. Dependent Children

Some spouse applicants have children from previous marriage(s) living in their country of origin. There is a choice to join the children to the provisional spouse (temporary) application or sponsor them after permanent residence is granted after the two-year trial period. Of course, the quickest and cheapest option is to join the children to the provisional spouse (temporary) application. They come to Australia soon after temporary residence is granted and the application fee is only $130, as opposed to $1795 for the permanent residence application. The children are granted permanent residence at the same time as the parent.

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The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult a lawyer for individual advice regarding your own situation.

Immigration Options

Visas for Children