Citizenship

Confirming Citizenship

Doubt regarding Australian citizenship

The APO must be satisfied that the client is an Australian citizen before they can be issued a passport. Delegated officers should not issue a passport if they have any doubt that a client is a citizen.

Delegated officers must request further evidence of Australian citizenship or refer clients to DIBP if required.

If a client claims to have an urgent and compassionate need to travel, but cannot provide proof of citizenship, the application may be accepted. A limited validity passport may be issued if citizenship can be confirmed by the APO directly with DIBP.

Required Supporting Documents to Prove Citizenship

Date	Cardinal document	Supporting citizenship documentation	Other
Born in Australia prior to 20 August 1986	Full birth certificate issued by RBDM	n/a	If parents are recorded as being a diplomat or consular officer at time of birth – refer client to DIBP (Form 119).
Born in Australia on or after 20 August 1986	Full birth certificate issued by RBDM	Evidence that one parent was an Australian citizen or permanent resident at time of client's birth. See Born in Australia on or after 20 August 1986 .	If suitable evidence of parent's PR or citizenship is not available – refer client to DIBP (Form 119).
Born in Australia on or after 20 August 1986	Full birth certificate issued by RBDM	An Australian passport issued to the client on/after 1 January 2000 with at least two years validity and not reported as lost/stolen.
Born outside Australia	Evidence of Citizenship issued by DIBP – See Client's Citizenship Certificate

*Note parent occupation will be listed on the client's birth certificate. See

Parent occupation listed as foreign diplomat or consular officer

See

and DFAT Citizenship Verification Tipsheet

Australian Birth Certificate

Born in Australia before 20 August 1986

Full Australian birth certificates issued by an Australian Registry of Births, Deaths and Marriages (RBDM) are proof of citizenship for most clients born before 20 August 1986. Their parents must not have been diplomats or consular officers, which can be determined from the parents' occupation listed on the birth certificate. See

Parent occupation listed as foreign diplomat or consular officer

.

For more information on a person's entitlement to citizenship if they are born in Australia, please see Citizenship by Birth in Australia.

Some Australian RBDMs have previously issued birth certificates in different formats to a standard full certificate. For further information on what is acceptable, please see

.

Samples of birth certificates are available in

Cardinal Documents

.

Born in Australia on or after 20 August 1986

General

If a client was born in Australia on or after 20 August 1986 they are not automatically entitled to citizenship. For more information please see Citizenship Policy –

Born in Australia on or after 20 August 1986

.

Clients can present their full Australian RBDM birth certificate and one of the following as additional supporting documentation to prove citizenship if they were born in Australia on or after 20 August 1986:

• The
  

  Client's Australian passport

  issued on or after 1 January 2000.

• One parent's full Australian birth certificate

  .

• One parent's Australian passport

  .

• One parent's Australian Citizenship Certificate

  .

• Proof of Parent's Permanent Resident(PR) Status

  .

Client's Australian passport

The client's Australian passport must have been issued with at least two years validity on or after 1 January 2000. It must also not have been reported as lost or stolen.

One parent's full Australian birth certificate

To support proof of citizenship, the parent's birth certificate must have been issued in Australia by a RBDM. The parent must have been born in Australia before 20 August 1986.

If the parent was born on or after 20 August 1986, the client must also provide a RBDM birth certificate or citizenship certificate of a grandparent. The parent and grandparent must be related. The documentation should demonstrate a link between the client and their parent/grandparent.

The parent and/or grandparent must not have been a foreign diplomat or consular officer. If the parent and/or grandparent is recorded on the clients' or parents' birth certificate as being a foreign diplomat or consular officer, the client must be referred to DIBP to obtain evidence of Australian Citizenship (Form 119).

One parent's Australian passport

A parent's Australian passport can be provided to support proof of citizenship. The passport must have been issued on or after 20 August 1986 with a validity of at least two years. The passport must have been valid at the time the client was born and not have not been reported as lost or stolen.

One parent's Australian Citizenship Certificate

In order to use a parent's Australian citizenship certificate to support the client's citizenship, the parent's citizenship must have been acquired before the client was born.

Proof of Parent's Permanent Resident(PR) Status

If possible, the APO and DIBP prefer that a client provide their own citizenship certificate rather than proof of a parent's PR.

A visa label only provides a 'point in time' snapshot of the visa status of an individual. A person may lose their PR status for a period of time before obtaining a new PR visa. Therefore, this documentation may not be conclusive in determining whether a parent was a PR when the client was born.

For example, a client's parent may have been a permanent resident but then may have left Australia without obtaining a resident return visa (where required). If the client's parent returned to Australia on a non - resident visa before the child was born, the client may not be an Australian citizen.\

As a result, APO may only accept a PR entry permit or PR visa label as proof of a parent's PR status in certain circumstances. An applicant may use a parent's Permanent Residency (PR) visa status at the time of their birth as evidence of Australian citizenship in the following circumstances: the visa was activated before of the applicant's birth (this date will differ for visas issued onshore or offshore); and the applicant was born within 5 years of the date the visa was granted.

A visa granted onshore is activated on the day it is granted. Certain codes indicate the location of the visa grant in Australia (see Department of Immigration and Border Protection (DIBP) Place of Issue Codes).

A visa granted offshore is activated on the day the visa holder enters Australia (look for the Australian entry stamp – examples are provided below).

For the first five years, a PR visa allows the visa holder to leave and return unrestricted. Subsequently a resident return visa is required if the visa holder leaves Australia and wishes to maintain their PR status.

In cases where the applicant is born after the first five years, the applicant will need to lodge a Form 119 Application for Evidence of Australian Citizenship with DIBP.

No other documentation is accepted as proof of parent's PR. See table at

for a list of documents accepted as proof of citizenship or which may be used to support the issue of an EY or LVP.

For further information on PR, please refer to

Permanent resident

and the DFAT Citizenship Verification Tipsheet.

Client's Citizenship Certificate

General

Clients should provide valid citizenship evidence in one of the following forms:

• Certificate of Naturalisation
• Certificate of Australian Citizenship
• Extract of Citizenship by Descent
• Extract of Adoption in accordance with the Hague Convention on Intercountry Adoption
• Evidentiary Certificate of Australian Citizenship
• Certificate of Registration
• Declaration of Resumption of Australian Citizenship
• Miniature Declaratory Certificates of Australian Citizenship
• Miniature Evidentiary Certificate Cards
• Declaratory Certificate of Australian Citizenship

The client is required to provide the original evidence issued by DIBP. The Tipsheet should be used where there are issues regarding citizenship certificates.

Citizenship Policy

Who determines Australian citizenship?

DIBP is responsible for determining a person's Australian citizenship.

Clients should be referred to DIBP if they have any questions about their citizenship. This includes if they:

• claim to hold Australian citizenship but appear to have lost their evidence; or
• held an Australian passport issued to them as a British subject and cannot prove that they currently hold Australian citizenship.

DIBP's contact details are:

• www.immi.gov.au
• www.citizenship.gov.au
• Citizenship Information Line (CIL) on 131 880.

Born in Australia before 20 August 1986

People born in Australia before 26 January 1949

Australian citizenship did not exist before 26 January 1949. Before then, people born in Australia were British subjects. In most circumstances they automatically became Australian citizens on 26 January 1949.

Generally, clients can present their Australian birth certificate as evidence of their citizenship if they are in this category. Further information about the citizenship of people born in Australia before 26 January 1949 is available from DIBP.

People born in Australia between 26 January 1949 and 19 August 1986 (inclusive)

People born in Australia between 26 January 1949 and 19 August 1986 (inclusive) became Australian citizens by birth unless their parent was a diplomat or consular officer and was not an Australian citizen or a permanent resident. This can be confirmed through the parent's occupation on an Australian birth certificate. See:

• Parent occupation listed as foreign diplomat or consular officer

  ;
• DFAT Citizenship Verification Tipsheet; and

• Australian Birth Certificate

  .

Parent occupation listed as foreign diplomat or consular officer

Where a birth certificate records that a parent (depending on date of birth) was a diplomat or consular officer, was not an Australian citizen and did not hold permanent resident status, the client must be referred to DIBP to apply for evidence of Australian citizenship (Form 119).

Born in Australia on or after 20 August 1986

General

People born in Australia (including Norfolk Island, Cocos (Keeling) Islands and Christmas Island) on or after 20 August 1986 are Australian citizens by birth if at least one parent was an Australian citizen or a permanent resident at the time of the person's birth.

There is provision in the Australian Citizenship Act 2007 for children born in Australia after 20 August 1986 to acquire Australian citizenship by conferral if they would otherwise be stateless. They must lodge an application and do not become a citizen unless approved. Such clients would have been issued with evidence of citizenship.

There is also a provision that a child born in Australia who did not have a parent who was an Australian citizen or permanent resident at the time of their birth acquires citizenship by operation of law if they were ordinarily resided in Australia for the first 10 years of their life. Clients must be referred to DIBP to apply for evidence of Australian citizenship (Form 119).

Parent born in Australia prior to 20 August 1986

The client must provide proof of their parent's citizenship. This includes:

• a RBDM birth certificate of one parent. The same provisions regarding the parent's occupations apply (See
  

  People born in Australia between 26 January 1949 and 19 August 1986 (inclusive)

  and
  

  People born in Australia before 26 January 1949

  ); or
• one parent's Australian citizenship certificate issued prior to the birth of the client; or
• one parent's Australian passport issued on/after 20 August 1986 with a validity of two or more years, valid at the time of the client's birth and not reported as lost/stolen.

A client's birth certificate showing that a parent was born in Australia is not sufficient evidence of citizenship.

Parent born in Australia on/after 20 August 1986

The client must provide proof of citizenship for their parent. This includes:

• a RBDM birth certificate of one parent AND RBDM birth certificate or Australian Citizenship Certificate of the client's grandparent born in Australia prior to 20 August 1986. The parent and grandparent need to be related and documentation provided must show a direct link to the client. If this is not available then the client will need to be referred to DIBP to obtain evidence of Australian citizenship (Form 119); or
• one parent's Australian passport issued on/after 20 August 1986 with a validity of two or more years, valid at the time of the client's birth and not reported as lost/stolen.

Permanent resident

For these provisions, a permanent resident is a foreign national who:

• was granted an entry permit by DIBP before 1 September 1994 authorising them to live in Australia without any time limits; or
• was granted a permanent visa after 1 September 1994; or
• is a New Zealand citizen who meets the requirements of the Australian Citizenship Act 2007 (see
  

  Applicant born in Australia to NZ parents

  ); and
• was not deported or removed from Australia.

People who entered Australia and were exempted from the need to hold an entry permit are not considered to be permanent residents. These include:

• Members of the Defence Forces of the Crown or a Government recognised by the Commonwealth entering Australia;
• Diplomatic or consular representatives and their dependants, their domestic staff;
• Crew members of vessels entering Australia;
• New Zealand citizens not in possession of a permanent entry permit who last arrived in Australia on or after 26 January 1973; and
• Permanent residents of the Territory of Norfolk Island not in possession of a permanent entry permit who last arrived in Australia (including Norfolk Island) on or after 1 July 1981.

A person can lose their permanent residency status for a period of time, for example, where a client travelled overseas before the child's birth without obtaining a resident return visa (where required). In this instance they could potentially return to Australia on a temporary visa. They would therefore not hold permanent residency status at the time of the child's birth.

Only a permanent entry permit or permanent resident visa label (with an entry stamp dated prior to the date of birth of the child if the visa was issued overseas) can be evidence of a parent's permanent residence status. The permanent resident visa label in their foreign passport must be valid at the time of the client's birth (See 'Proof of Parent's Permanent Resident (PR) Status'. No other evidence is accepted by the APO. See table at

for a list of documents accepted as proof of citizenship or which may be used to support the issue of an EY or LVP.

Birth not registered

Birth in Australia that has not been registered

If a client's birth in Australia is not registered then a birth certificate will not have been issued. Clients who claim to be in this position must apply to an Australian RBDM for a late registration of their birth and the issue of a birth certificate.

Late registration of birth is normally possible but the circumstances and conditions vary between RBDMs in different states.

Clients also need to provide the usual additional documentation to prove their citizenship if born in Australia on or after 20 August 1986.

Late registration of birth

APO staff should refer to the Aboriginal and Torres Strait Islander Interview Guide for further information on receiving applications from Aboriginal and Torres Strait Islander clients, including those who may have an unregistered birth. In no circumstances should a client who identifies as Aboriginal and Torres Strait Islander be referred to DIBP to obtain proof of citizenship.

Aboriginal and Torres Strait Islander Clients

Clients who are Aboriginal or Torres Strait Islander may not have a birth certificate, be unable to provide proof of parent's citizenship (if relevant) or may have different names on cardinal documents and identity documents.

Ideally, clients should be requested to obtain a birth certificate from an Australian RBDM. However, if the client advises that there may be difficulties in doing so, interviewers may accept the application in good faith and advise the client that they may be contacted for further information.

The below table provides further advice about Aboriginal and Torres Strait Islander clients only who do not have a birth certificate or proof of citizenship:

Issue	Request client to	Further requirements
Australian Birth not registered- proof of citizenship	obtain a late registration certificate	Additional documentation to evidence citizenship if born on or after 20 August 1986.
Late registration of birth cannot be obtained	The applicant should request written evidence from RBDM stating that a certificate cannot be issued e.g. NT 'No record result'. If RBDM does not issue these obtain a B11 from the client.	Additional documentation to evidence citizenship if born on or after 20 August 1986. Consent if the applicant is a minor. AND either A letter on official letterhead that states the applicant's name, date and place of birth and (if possible) usual place of residence from one of the following: Community leader; Community elder; Community council; a church mission an associate Aboriginal or Torres Strait Islander body; or a Government authority or Individual OR A full birth certificate of a younger brother or sister that includes the applicant's name as an older sibling.
Born in Australia on or after 20 August 1986 and cannot meet standard citizenship evidence requirements	Letter on official letterhead that states the applicant's name, date and place of birth and written confirmation that the person is directly descended from a person born prior to 1986 in Australia. The letter should state family lineage where this is possible. This must be from one of the following: Community elder Community leader Community council A church mission An associate Aboriginal or Torres Strait Islander body A government authority or individual.	Consent if the applicant is a minor.

Citizenship by adoption in Australia

Note: Clients may not be aware that they were adopted. Please treat these cases with discretion and sensitivity.

Normally, Australian adoption orders are presented directly to the relevant RBDM and a new birth certificate is issued.

If a client was born in Australia prior to 20 August 1986, their citizenship status would be as for all other clients born in Australia prior to this date. See

Born in Australia before 20 August 1986

.

Some Australian birth certificates issued to adoptees do not show the parents' occupations. These clients should be requested to provide a B11 outlining why they have a birth certificate that does not show their parent's occupation as proof of their citizenship.

If clients were born on or after 20 August 1986, they need to submit evidence that they were adopted under a law in force in a state or territory, that they were present in Australia as a permanent resident and that one adoptive parent was an Australian citizen at the time of the adoption. This is in addition to their birth certificate.

RBDM 'Sixth Schedule' birth certificates were also once issued to those who were adopted. As these certificates do not validate automatically in processing, the client should be advised to contact the relevant RBDM to obtain an updated birth certificate.

New Zealand parents

Applicant born in Australia to NZ parents

New Zealand citizens are subject to special citizenship arrangements and may be issued a Special Category Subclass 444 visa on arrival. Holders of this visa are not considered to be permanent residents for citizenship purposes.

Resident Return Visas (RRV) that have been issued to New Zealand citizens are not evidence of permanent resident status.

New Zealand citizens may hold other types of visas to reside in Australia. If one or both parents hold a visa which is classed as a permanent resident visa then it can be used to support a client's citizenship if it was in effect at the time of the client's birth. Evidence of permanent residence status must be provided as per Evidence of

Permanent resident

.

If one or both parents are New Zealand citizens and did not hold a permanent resident visa the client must produce either a citizenship certificate or previous passport issued after 1 January 2000. Where the client is unable to do so, refer the client to DIBP to obtain their own evidence of Australian citizenship (Form 119). Use the DIBP referral form (OPI - annex 20a).

Certificate of Status for New Zealand Citizens in Australia (CSNZCA)

A Certificate of Status for New Zealand Citizens in Australia (CSNZCA) was issued under administrative arrangements to confirm a person's status as an eligible New Zealand citizen for Centrelink purposes. A CSNZCA should not be used for

non - Centrelink purposes. Clients should therefore be directed to DIBP to obtain citizenship documentation. Information regarding the CSNZCA can be found at www.immi.gov.au/migrants/cers/csnzca/csnzca - index.htm.

Born in Australian External Territories

Christmas Island

Clients born on Christmas Island should provide one of the following two documents to prove their citizenship:

• certified copy of a Declaration under the Christmas Island Act 1958, Section 15 or 15A; or
• a full birth certificate showing birth on Christmas Island on or after

1 October 1958 (accepted as the equivalent of a certificate showing birth in an Australian State).

Note: If born on or after 20 August 1986, at least one parent must have been either an Australian citizen or permanent resident at the time of their birth (refer to

Born in Australia on or after 20 August 1986

).

Cocos (Keeling) Islands

Clients born on the Cocos (Keeling) Islands should provide one of the following two documents to prove their citizenship:

• certified copy of Declaration under the Cocos (Keeling) Islands Act 1955, Section 14 or 14A; or
• a full birth certificate showing birth on Cocos (Keeling) Islands on or after 23 November 1955 (accepted as the equivalent of a certificate showing birth in an Australian State).

Note: If born on or after 20 August 1986, at least one parent must have been either an Australian citizen or permanent resident at the time of their birth (refer to Born in Australia on or after 20 August 1986).

Born Overseas

People born outside Australia granted Australian citizenship

Clients born outside Australia are required to provide documentary evidence of Australian citizenship. People born outside Australia may have acquired citizenship by conferral, descent or adoption under the Australian Citizenship Act 2007 (current) or the Australian Citizenship Act 1948 (repealed).

Born in Papua or New Guinea prior to PNG Independence

PNG became a sovereign nation on 16 September 1975. Prior to that date there were two separate territories:

• External Territory of Papua (Papua), and
• Trust Territory of New Guinea (New Guinea).

Papua was part of Australia for the purposes of the Australian Citizenship Act 1948 but New Guinea was not. DIBP is aware that in the past people born in Papua New Guinea have been incorrectly issued with an Australian passport. An incorrect assessment of their citizenship status may also have been made. As a result, the citizenship status of all clients born in PNG prior to 16 September 1975 must be checked and verified regardless of whether they hold a citizenship certificate or previous passport, except if the applicant holds a citizenship certificate issued after 1 January 2009. This applies for passport renewals (PC7) as well as full applications (PC1). .

See also

Australian citizenship acquired under transitional provisions

.

Adopted from Overseas

General

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Determining Citizenship

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Born Overseas

People born overseas but adopted in Australia before 22 November 1984 did not automatically acquire Australian citizenship. These clients must apply for conferral of Australian citizenship. Clients born in Australia and adopted before this date with Australian birth certificates can be processed similarly to other Australian - born clients (see

).

Clients born overseas and adopted before 22 November 1984 who cannot produce a certificate of Australian citizenship should be referred to DIBP. These clients may have an RBDM Birth Certificate that shows their place of birth as overseas. Clients do not need to provide court orders provided they have appropriate cardinal documentation.

Clients born overseas but adopted overseas do not automatically acquire Australian citizenship. Clients born overseas but adopted in Australia on or after 22 November 1984 automatically acquired Australian citizenship providing that at the time of adoption:

• the child was present in Australia as a permanent resident; and
• at least one adoptive parent was an Australian citizen.

Citizenship Documentation Requirements

Date Adopted	Place Adopted	Citizenship Documentation Requirement
Before 22 November 1984	Australia	Evidence of Australian citizenship issued by DIBP.
After 22 November 1984	Australia	Australian court approved adoption order.
After 22 November 1984	Overseas	Evidence of Australian citizenship issued by DIBP.

Australian citizenship acquired under transitional provisions

The Australian Citizenship Act 1948, Section 25 provided for the automatic acquisition of Australian citizenship by certain categories of people born before

26 January 1949. They must have been British subjects immediately prior to that date. The repeal of section 25 on 1 May 1987 did not affect the Australian citizenship status of people who acquired citizenship under these provisions.

Relevant categories of people are:

• People born in Australia (including Papua) prior to 26 January 1949, unless at the time of the person's birth, the father:

o was not a person who would have become an Australian citizen on 26 January 1949; and

o possessed immunity from suit and legal process which is accorded to an envoy of a foreign country accredited to His/Her Majesty.

• People born in New Guinea (as distinct from Papua) prior to January 1949 who were British subjects;

o Note: Birth in New Guinea in itself did not confer British subject status.

• People naturalised as British subjects in Australia prior to

26 January 1949 under any Act of the Commonwealth or of a State;

• People who were ordinarily resident in Australia or New Guinea for at least the five - year period immediately before

26 anuary 1949;

• People who were born outside Australia and New Guinea prior to 26 January 1949, whose father was born or naturalised in Australia or born in New Guinea and held British subject status on 25 January 1949, and who entered Australia:

o prior to 26 January 1949 on an unrestricted basis, or if they entered on a restricted basis, they had been granted permission to remain in Australia for permanent residence prior to that date; or

o subsequent to 26 January 1949 but prior to 6 May 1966 on an unrestricted basis; or

o subsequent to 6 May 1966 but prior to 1 May 1987 on an unrestricted basis having the status of a British subject.

• Women who, prior to 26 January 1949:

o had married a person who became or, but for his death would have become, an Australian citizen on 26 January 1949; and

o entered Australia without restriction, unless they had been granted permission to remain in Australia for permanent residence prior to 26 January 1949.

Passport clients who automatically acquired Australian citizenship under the transitional provisions of the Australian Citizenship Act 1948 and who do not hold documentary evidence of citizenship must apply to DIBP for a Certificate of Evidence of Australian Citizenship (Form 119).

Loss of Australian citizenship

General

Before 22 November 1984, adults outside Australia who acquired the citizenship or nationality of another country automatically lost their Australian citizenship. The only exception was adults who acquired citizenship through marriage. Children of under 18 years of adults in this situation also lost their Australian citizenship, unless the other parent was also an Australian citizen or permanent resident. People in this situation should be referred to DIBP to determine their citizenship status.

From 22 November 1984 until 3 April 2002, if a person acquired the citizenship of another country they automatically lost Australian citizenship. The person must have acquired citizenship due to an act where the sole or dominant purpose was to acquire that citizenship. People in this situation should be referred to DIBP to determine their citizenship status.

From 4 April 2002, acquiring the citizenship or nationality of another country does not result in the loss of Australian citizenship. However, this is not retrospective. Persons who acquired another citizenship prior to this date may have lost their Australian citizenship.

Passport application forms include a declaration from the client that they are an Australian citizen. Clients who sign the declaration and meet all other criteria do not need to provide proof that they have not acquired citizenship or nationality of another country.

Only DIBP may make a decision on loss of citizenship and add, delete or change citizenship status and alerts in PICS.

All citizenship enquiries must be referred to the Citizenship Section of DIBP for resolution before any Australian passport is issued.

WX and WD Alerts

Where citizenship has been lost (at any point in time, even if the client regains citizenship soon after) a Citizenship cancellation (WX) alert is created. The addition of a WX alert in PICS will automatically change the status of a current travel document to 'void' and flagged for impound.

When DIBP is in the process of reviewing a person's citizenship they will create a citizenship determination (WD) alert. During the passport production process, citizenship checks are automatically completed by the PICS system.

When DIBP makes a determination that a person has lost their citizenship, DIBP notifies the person in writing of the decision. This notification includes a request that any valid Australian passport held by the person is to be immediately surrendered to the nearest Australian Passport Office or overseas mission.

See also Citizenship cancellation (WX) alerts and Citizenship determination (WD) alerts.