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Applying for Australian citizenship by descent

Australian citizenship by descent is available to persons born outside Australia who have a parent that was an Australian citizen at the time of their birth. The application requires proof of the parent's citizenship, proof of the parent-child relationship, and identity documents. If approved, the applicant becomes an Australian citizen and can apply for an Australian passport.

In short

This is an 8-step workflow for applying for Australian citizenship by descent under section 16 of the Australian Citizenship Act 2007. The applicant must be born outside Australia to at least one parent who was an Australian citizen at the time of the applicant's birth.

Time: 5-10 hours of preparation. Processing times are typically 3-8 months after lodgement.
Audience: Immigration lawyers and registered migration agents assisting clients born overseas to an Australian citizen parent who wish to register their Australian citizenship.
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Prerequisites

Before you start

  • Confirmation that at least one parent was an Australian citizen at the time of the applicant's birth
  • The applicant's birth certificate naming the relevant parent
  • Access to the parent's citizenship evidence (passport, citizenship certificate, or birth certificate)
8 steps

The workflow

1

Confirm eligibility under s 16

Verify that the applicant was born outside Australia and that at least one parent was an Australian citizen at the time of the birth. Check for any gaps — the parent must have been a citizen, not merely a permanent resident, at the date of birth.

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Australian Citizenship Act 2007 (Cth) s 16
2

Gather evidence of the parent's Australian citizenship

Obtain the parent's Australian citizenship certificate, Australian passport (valid at or around the time of the applicant's birth), or Australian birth certificate. If the parent acquired citizenship by grant, obtain the citizenship certificate number.

3

Obtain the applicant's birth certificate

Source an official birth certificate from the country of birth that names the Australian citizen parent. If the birth certificate is not in English, arrange a NAATI-certified translation.

4

Prepare identity documents

Gather the applicant's current passport, photo identification, and any change-of-name documents. For applicants under 18, obtain consent from both parents or evidence of sole parental responsibility.

5

Complete the application form

Fill out Form 1290 (Application for Australian citizenship by descent). Ensure all sections are completed accurately and consistently with the supporting documents.

Form 1290 — Department of Home Affairs
6

Arrange identity verification

Have the applicant's identity verified by an approved person (e.g. an Australian citizen who has known the applicant or parent for 12 months or more). Complete the identity declaration on the form.

7

Review the application for completeness

Cross-check all documents against the Department's checklist. Verify that translations are NAATI-certified, copies are certified where required, and the identity declaration is properly witnessed.

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8

Lodge the application

Submit the application online through ImmiAccount or by post to the Department of Home Affairs. Pay the application fee (currently AUD 390). Retain a copy of the lodgement confirmation and receipt.

Tools: ImmiAccount
Outcome

What you will have at the end

A complete application for Australian citizenship by descent lodged with the Department of Home Affairs. On approval, the applicant is registered as an Australian citizen and can apply for an Australian passport.

Common issues

  • Parent was a permanent resident but not yet a citizen at the date of the applicant's birth
  • Birth certificate does not name the Australian citizen parent
  • Missing or expired NAATI translation of foreign-language documents
  • Identity declaration not completed by an eligible person
  • Confusion between citizenship by descent (s 16) and citizenship by application (s 21)
Use with Quillio

Run this workflow on a real matter

Quillio helps verify the eligibility pathway, checks documentary requirements against the Department's checklist, and drafts covering submissions where the case is not straightforward. See /practice-areas/immigration-lawyers or start a free trial.

This workflow is a general guide for citizenship by descent applications under the Australian Citizenship Act 2007. Rules differ for births before 26 January 1949 and between 1949 and 1986. Always verify current requirements with the Department of Home Affairs.

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