How Do You Qualify for Australian Citizenship by Descent?

Australian citizenship by descent is available to people born outside Australia who had at least one Australian citizen parent at the time of their birth.¹ It is a formal application to the Department of Home Affairs, not an automatic status. Whether you qualify, and what you need to prove, depends on when you were born, how your parent became Australian, and whether you meet a good character requirement.

Who Qualifies

Section 16(2) of the Australian Citizenship Act 2007 covers most applicants: if you were born outside Australia on or after 26 January 1949 and at least one parent was an Australian citizen when you were born, you can apply.² That date is when Australian citizenship formally came into existence; before it, Australians were British subjects rather than citizens in a legal sense.

If you were born before 26 January 1949, a narrower pathway still exists. Your parent must have become an Australian citizen on 26 January 1949 when the original Act took effect, and that parent must have been born in Australia or New Guinea, or naturalized in Australia before your birth.² The good character requirement also applies if you hold or have ever held citizenship of any country.

How your Australian parent became a citizen matters a great deal. If they were born in Australia or naturalized there, the path is direct. If they were themselves an Australian citizen by descent, an extra rule applies.

The Extra Rule When Your Parent Is Also a Citizen by Descent

If the parent you’re claiming through became Australian by descent rather than by birth or naturalization in Australia, they must have been physically present in Australia for a combined total of at least two years at some point before you lodge your application.² The statute uses “total period,” so the two years can be added up across multiple stays rather than served in one continuous stretch.¹

The same rule applies where your parent became Australian through an adoption under the Hague Convention on Intercountry Adoption or a bilateral arrangement. The effect is to stop citizenship from passing down indefinitely through generations who have never spent time in Australia. If your parent hasn’t accumulated the two years yet, they would need to do so before you can apply.

There is one exception. If you are stateless, meaning you are not a citizen or national of any country and have never been one, the two-year requirement is waived.²

Good Character and Security Checks for Adult Applicants

If you are 18 or older and hold or have ever held citizenship of any country, the Department of Home Affairs must be satisfied you are of good character before it approves your application.² In practice, the Department runs a criminal history check through Australia’s National Police Checking Service and reviews your background for convictions, pending charges, court orders, and traffic offenses.³

The Act doesn’t list convictions that automatically disqualify you. The Department looks at what courts have called the “enduring moral qualities” of the person, meaning your overall pattern of behavior rather than one incident. It generally expects applicants to have respected the laws of Australia and other countries, avoided drugs and unlawful activity, and stayed clear of associations with criminal groups. A serious record or an adverse security assessment will almost certainly result in refusal; minor offenses from years ago are less likely to sink an application.

Section 17(4) of the Act separately bars approval where an adverse or qualified security assessment is in force against you under the Australian Security Intelligence Organisation Act 1979.⁴

Documents You Will Need

The Department needs to verify three things: who you are, who your parents are, and that your parent was an Australian citizen when you were born. Expect to provide:

Your full birth certificate showing the names of both parents. If your Australian parent’s name is not on it, you may need a court order or other legal document acknowledging parentage.
Evidence of your parent’s Australian citizenship. An Australian birth certificate (for parents born before 20 August 1986), an Australian citizenship or naturalization certificate, or an Australian passport is accepted.⁵
Your own identity documents. If you are 16 or older, the documents together must show a photograph, signature, and current address. A foreign passport or government photo ID with a utility bill will typically cover this.
Evidence of any name changes affecting you or your parent, such as a marriage certificate, deed poll, or court order.

If your parent is a citizen by descent, you also need evidence they spent a combined two years lawfully in Australia. Travel records, visa stamps, and Australian immigration movement records are useful here.

Any document not in English must be accompanied by a full English translation. For applications lodged inside Australia, the translation must come from a translator accredited by the National Accreditation Authority for Translators and Interpreters (NAATI). For applications lodged at an Australian embassy or consulate overseas, the post may accept translations from other qualified translators, so check with the office handling your application.⁶ Certified translation typically runs $20 to $35 per page.

How to Apply

You apply on Form 118, submitted online through the Department of Home Affairs ImmiAccount portal.¹ Upload all supporting documents at the time of lodgment. Incomplete applications are one of the most common causes of delay.

Age affects who signs. Applicants aged 15 or younger need a parent to sign the application on their behalf. Applicants aged 16 and 17 sign their own.

Fees

The application fee is AUD $370 per applicant. Siblings applying together on the same form pay a reduced fee of AUD $150 for the second and each additional child.⁷ Fees are paid at lodgment and are generally non-refundable, even if the application is refused.

Processing Times

Under the most recent published figures, 75% of citizenship by descent applications are processed within 5 months and 90% within 7 months.⁸ Complex cases, particularly those involving character concerns or difficulty verifying a parent’s citizenship, can take longer. If approved, you receive an Australian citizenship certificate confirming your status.⁹

If Your Application Is Refused

Most refusals trace back to incomplete documentation, failure to prove that your parent was an Australian citizen at the time of your birth, or character concerns for adult applicants. Inconsistent information across documents or an undisclosed criminal record can also result in refusal.

The decision letter will tell you whether you have the right to seek review. Reviews of citizenship decisions are handled by the Administrative Review Tribunal (ART). You must apply within 28 days of being notified of the refusal, and the review application fee is $1,148.¹⁰ The 28-day deadline is strict, so lodge the review application on time even if you haven’t finished consulting a lawyer; you can add supporting arguments after filing.

After Approval: Passport and Dual Citizenship

Once you hold your citizenship certificate, you can apply for an Australian passport. If you live overseas, you lodge the application in person at an Australian embassy or consulate; it cannot be done entirely online.¹¹ Allow at least six weeks after lodgment for the passport to be printed and delivered, and check with your nearest post about appointments and local instructions. Australian passport photo standards differ from those used in the United States and many other countries, so photos from a standard pharmacy or post office may not meet the specifications.

Australia does not require new citizens to renounce a foreign citizenship, and never has.¹² From the U.S. side, the State Department is equally clear that U.S. law does not require citizens to choose between U.S. citizenship and another nationality, and acquiring a foreign citizenship carries no risk to your U.S. citizenship.¹³ One practical rule for dual U.S.–Australian citizens: use your U.S. passport when entering and leaving the United States, even if you also hold an Australian one.

1
Department of Home Affairs. Citizenship by Descent
2
AustLII. Australian Citizenship Act 2007 – Section 16 Application and Eligibility for Citizenship
3
Department of Home Affairs. Character Requirements for Australian Citizenship
4
AustLII. Australian Citizenship Act 2007 – Section 17 Ministers Decision
5
Australian Embassy Seoul and Tokyo Visa and Citizenship Office. Australian Citizenship by Descent Application Document Checklist
6
Australia in the USA. English Translation of Foreign Documents
7
Department of Home Affairs. Form 1298i – Citizenship Application Fees
8
Department of Home Affairs. Citizenship Processing Times
9
Department of Home Affairs. Get a Citizenship Certificate
10
Administrative Review Tribunal. Immigration and Citizenship
11
Australian Passport Office. Applying Outside Australia
12
Department of Home Affairs. Australian Citizenship Act 1948 – Freedom of Information Document
13
U.S. Department of State. Dual Nationality