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You and your child's eligibility for the Australian citizenship

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Posted by Madhu Warnakulasuriya on : Tuesday, August 07, 2012

Most of the Sri Lankan residents in Australia are concerning whether their Australian born children are considered as Australian Citizens or not.

The Department of Immigration and Citizenship, Australia states that:

You acquired Australian citizenship by being born in Australia,

On or after 20 August 1986

You became an Australian citizen at birth if at least one of your parents was an Australian citizen or Permanent Resident of Australia at the time of your birth.

SUPPORTING DOCUMENTS NEEDED

  • Evidence of one parent's Australian citizenship -for example an Australian passport issued after 1 July 2005, a certificate of Australian citizenship, or an Australian birth certificate, or
  • Evidence of one parent's permanent residence in Australia, for example a passport with a visa granting permanent residence or permanent entry stamp

You became an Australian citizen on your 10th birthday if:

  • Neither of your parents were Australian citizens or permanent residents (or entitled to diplomatic privileges) at the time of your birth,
    and
  • you lived in Australia for the first 10 years of your life

SUPPORTING DOCUMENTS NEEDED

  • Evidence of both parents' status at the time of your birth, for example a passport and
  • Evidence of your residence in Australia for 10 years since your birth, for example immunisation certificates, a passport, baptismal certificate, school reports, club memberships, banking records etc

General Eligibility

You can apply for evidence of your Australian citizenship if you were:

  • previously issued with an Australian citizenship certificate or extract (this includes children on a parent's citizenship certificate)
  • born in Australia and acquired Australian citizenship by birth
  • born in Australia on or after 20 August 1986 and acquired Australian citizenship on your 10th birthday
  • adopted in Australia and acquired Australian citizenship
  • born in the former Australian Territory of Papua before 16 September 1975 acquired Australian citizenship and did not subsequently lose Australian citizenship on Independence Day
  • born outside Australia after 26 January 1949 and acquired Australian citizenship by descent
  • born outside Australia before 26 January 1949 and acquired Australian citizenship.

Children
Applications for children under 16 years of age must be made by a responsible parent.

Proof of identity

Applicants 16 years of age or over
To prove your identity you must provide the following documents.

1. Three original documents that collectively show your:

  • photograph
  • signature
  • current residential address
  • date of birth, birth name and any changes of name.

2. Part L - Identity declaration completed by a person with the appropriate authority.

If you do not provide these documents, your application will not be accepted and will be returned to you.

Children
If you are an applicant under 16 years of age, you must provide the following:
1. Proof of identity documents that show a:

  • birth name and date of birth
  • photograph and current name.
2. Part L - Identity declaration completed by a person with the appropriate authority.

Proof of identity checklist

Applicants 16 years of age or over

A current document with your photograph and signature

  • An Australian driver's licence, or
  • A passport, or
  • A United Nations High Commissioner for Refugees (UNHCR) document, or
  • A national identity card, or
  • Another document containing a signature and photograph, eg. an air crew identity document, seafarer identity document, military identity document or student card

Evidence of your current residential address

  • A utilities notice eg. electricity, gas or water bill, bank notice or
  • Rental contracts or rates notice

Evidence of your date of birth, birth name and any changes of name

  • A full birth certificate, and
  • Evidence of links between present and previous names, for example a marriage or divorce certificate, if applicable, or
  • A certificate issued by an Australian Registry of Births, Deaths and Marriages as evidence of other changes of name, if applicable

Evidence of your identity in the community

  • One passport-sized photograph and identity declaration signed by an Australian citizen with the appropriate authority.

Children
The following documents are required if the applicant is a child under 16 years of age.

  • A full birth certificate or family register containing parent's details
  • Evidence of links between birth name and current name, if applicable
  • Another document showing a photograph and current name
  • One passport-sized photograph and identity declaration signed by an Australian citizen with the appropriate authority.

MADHU WARNAKULASURIYA,
BARRISTER AND SOLICITOR,
warnalegal@gmail.com

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