People born overseas to a former Australian citizen


People born overseas to a parent who lost Australian citizenship on acquisition of another citizenship are eligible for Australian citizenship by conferral.

I was born overseas to a former Australian citizen. Am I eligible for Australian citizenship?

Yes, if you were born overseas after 26 January 1949 and meet the following requirements:

I am a former Australian citizen who lost my citizenship when I acquired the citizenship of another country. I gave birth to my child when I was no longer a citizen. Is my child eligible for Australian citizenship?

Yes, your child is eligible for citizenship by conferral. There are many former Australian citizens, who like you only learnt of the loss of their Australian citizenship when they attempted to register their children as Australian citizens by descent or sought to renew their Australian passport.

And like you, many Australians overseas were not aware of section 17. As you would now be aware, section 17 was an operation of law provision under which people lost their Australian citizenship if they 'did any act or thing the sole or dominant purpose of which and the effect of which was to acquire the citizenship of another country'.

Your child is eligible for citizenship provided they are of good character if over 16 years of age.
See: Good character

I am a former citizen who renounced my Australian citizenship, so that I could retain another citizenship. After I renounced I gave birth to my child. Does the new Act provide for my child?

No. Unlike many people who lost their citizenship under the operation of law section 17 provision, people who renounced their Australian citizenship knew that they had ceased to be Australian citizens.

They could have had no reasonable expectation of access to Australian citizenship for children born after they had renounced their Australian citizenship. If your children become permanent residents of Australia they may be eligible to apply for Australian citizenship by conferral.

How do I apply for citizenship by conferral?

The application process is the same as for people applying for conferral who are not required to take a test. However, please note the documentation requirements below.
See:
Application Process - Other situations
Documentation requirements for people born overseas to a former Australian citizen

You are not required to attend a citizenship ceremony.