Australia Citizenship by Descent

Summary

Australian citizenship by descent is available to people born outside Australia to an Australian parent, subject to the rules in force at the time of birth. The general rule is straightforward — if you were born on or after 26 January 1949 and one of your parents was an Australian citizen at the moment of your birth, you can apply for citizenship by descent.

There's one important twist: if your Australian parent was themselves a citizen by descent (rather than by birth in Australia or by conferral/naturalization), they must have been "ordinarily resident in Australia" for at least 2 years at some point before your birth. This second-generation rule prevents citizenship from being passed down indefinitely without any real tie to Australia.

Australia permits dual citizenship, so Americans who qualify can register as Australian citizens without giving up their US nationality.

Eligibility

Born on or after 26 January 1949

• One or both parents was an Australian citizen at the time of your birth. The parent may have become Australian by birth (on Australian soil), by descent (themselves born abroad to an Australian), or by conferral/naturalization — all three count.
• If the Australian parent was a citizen by descent, they must have been "ordinarily resident in Australia" for a total of at least 2 years before your birth. This is generally measured by physical presence, but periods of short travel don't break the clock.
• Good character — applicants aged 18 or over must meet a good-character test. Serious criminal history can result in refusal.

Born before 26 January 1949

Pre-1949 births fall under the old British-subject regime and require a separate analysis. Most applicants in this age bracket are already Australian citizens under the transitional provisions of the 1948 Act, but a handful of edge cases exist. Seek specialist advice if this applies to you.

Already an Australian citizen?

Citizenship by descent is not automatic — you must apply and be registered with the Department of Home Affairs. Until registration, you are not legally an Australian citizen and cannot obtain an Australian passport.

If you were born in Australia before 20 August 1986, you're already a citizen by birth under the old jus soli rule and don't need to apply for descent. If you were born in Australia on or after that date to a parent who was a citizen or permanent resident, you're also already a citizen.

Documentation

• Your birth certificate showing both parents.
• Proof of your Australian parent's citizenship at the time of your birth:
  • Their Australian birth certificate (if born in Australia before 20 August 1986), or
  • An Australian passport issued before or on your date of birth, or
  • Their citizenship certificate.
• If your Australian parent was themselves a citizen by descent, evidence of 2+ years of Australian residence before your birth (school records, tax records, employment records, old passports, or a statutory declaration).
• Your current passport (US or other) for identity.
• Marriage certificates for any name changes.

Fees

• Application fee is AUD 370 for the first applicant, with a reduced fee for additional siblings applying at the same time (current 2025–26 fee). Fees can change on 1 July, so check the current amount before applying.
• Decision timing varies by case and Home Affairs workload.

Filing

Applications are lodged on Form 118 (adults) or Form 119 (children under 18) via the Home Affairs portal. Australian consulates abroad can witness documents and help with certification but the application itself is filed centrally.

What This Route Allows

This route can help confirm or document citizenship in Australia when the citizenship-creating facts named above are proven. For many people in this category, the main work is evidence: civil records, family-link records, prior citizenship records, and any registration or restoration paperwork needed to show the claim.

What This Route Is Not

This is not a shortcut around documentation. Even when the citizenship claim is based on a right, you still need records that prove each required fact and family link.

Next Steps

1. Confirm your parent's citizenship status at the time of your birth. The Australian consulate in your country (for the US, the Embassy in Washington and consulates in New York, Los Angeles, Chicago, Houston, Honolulu) can help you understand your eligibility.
2. Order your parent's Australian birth certificate if they don't have it — state births-deaths-marriages registrars issue them.
3. If your parent was a citizen by descent themselves, gather evidence of their 2 years of Australian residence before your birth.
4. Complete Form 118 and assemble supporting documents.
5. Pay the application fee and lodge via the Home Affairs portal.
6. Wait for Home Affairs to assess the application.
7. On approval, you'll receive a citizenship certificate and can apply for an Australian passport.

Sources

• Department of Home Affairs — Citizenship by descent — official eligibility page.
• Citizenship application fees — official fee schedule.
• Australian Citizenship Act 2007 — section 16 (descent) — the governing statute.
• Australian Passport Office — for passport issuance after citizenship is confirmed.