Does Australia Give Citizenship by Birth? What American Parents Need to Know

For many years, Australia followed a simple rule: if you were born on Australian soil, you automatically became an Australian citizen. However, this changed dramatically on August 20, 1986. Since then, Australia no longer grants automatic citizenship to every child born in the country. Instead, a child’s eligibility for citizenship by birth now depends on the immigration status of their parents at the time of birth.

What does this mean for American expats? 

If you’re living in Australia and expecting a child, it’s essential to understand that simply being born in Australia does not guarantee your child will be an Australian citizen. The law is designed to ensure that only children with a genuine connection to Australia—through their parents’ status—are granted citizenship at birth.

When American children born in Australia automatically get citizenship

So, does Australia give citizenship by birth to American children? The answer is: only in specific circumstances. Your child will automatically be an Australian citizen at birth if at least one parent is either:

• An Australian citizen, or
• An Australian permanent resident

Example:

• If one parent holds an Australian passport or has been granted permanent residency, your child will receive Australian citizenship at birth—even if the other parent is a U.S. citizen on a temporary visa.
• If both parents are in Australia on temporary visas (such as a work or student visa), your child will not automatically become an Australian citizen at birth.

This distinction is crucial for American families. If you’re in Australia on a temporary visa, your child will inherit your visa status, not citizenship. However, there is a safety net: if your child lives in Australia for the first 10 years of their life, they may be eligible for citizenship on their 10th birthday, regardless of your status.

Australian citizenship by descent for children born outside Australia

What if your child is born outside Australia, but you (or your partner) are an Australian citizen? In this case, your child may be eligible for Australian citizenship by descent. This process allows children born overseas to claim Australian citizenship if at least one parent was an Australian citizen at the time of their birth.

How does it work?

• You’ll need to apply for citizenship by descent through the Australian Department of Home Affairs.
• You’ll provide proof of your Australian citizenship and your relationship to the child.
• Once approved, your child will have the same rights as any other Australian citizen, including the ability to live, work, and study in Australia.

For American expats with Australian partners, this can be a valuable pathway to dual citizenship for your children, even if they’re born outside Australia.

How a parent’s immigration status affects a child’s citizenship eligibility

Your immigration status in Australia is the key factor in determining whether your child will receive citizenship by birth. Here’s a quick breakdown:

• Australian citizen parent: Child is automatically an Australian citizen at birth.
• Australian permanent resident parent: Child is automatically an Australian citizen at birth.
• Temporary visa holders (e.g., student, work, visitor): Child is not an Australian citizen at birth. The child will generally hold the same visa as the parents.
• No legal status: If neither parent has legal status in Australia, the child is not granted citizenship at birth.

Dual citizenship considerations for American-Australian children

Many American parents are delighted to learn that both the U.S. and Australia allow dual citizenship. This means your child can be both a U.S. and Australian citizen, enjoying the benefits and responsibilities of both countries.

Key points to consider:

• U.S. citizenship by birth: If you’re a U.S. citizen, your child is likely eligible for U.S. citizenship, even if born abroad. You’ll need to report the birth to the nearest U.S. consulate and apply for a Consular Report of Birth Abroad (CRBA).
• Australian citizenship by birth or descent: As discussed, your child may qualify for Australian citizenship depending on your or your partner’s status.
• Tax implications: Dual citizenship can create complex tax obligations, especially since the U.S. taxes its citizens on worldwide income. It’s wise to seek expert advice to ensure you remain compliant with both countries’ tax laws.

Birth, Borders, and Bright!Tax

Having a baby in Australia doesn’t automatically mean citizenship—but it does come with a tangle of paperwork, especially when U.S. tax rules enter the mix.

That’s where Bright!Tax steps in. Our expat CPAs help American parents abroad stay compliant, claim the right benefits, and keep both governments happy—so you can focus on the newborn, not the forms. Get in touch with Bright!Tax and let’s make sure your growing family’s cross-border life starts off smoothly.

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