How to determine the nationality of a child born in Australia?

As an immigrant country, Australia's nationality laws have clear provisions on whether children born in Australia have dual nationality. Let's take a closer look at the circumstances under which a child born in Australia will have dual nationality.

Case 1: One parent is a PR and the child is an Australian citizen

In Australia, as long as one parent holds Australian citizenship or permanent residency, the child becomes an Australian citizen at birth, regardless of the other parent's nationality. Chinese nationality rules require that as long as one parent is a Chinese citizen and the child is born abroad, the child will have Chinese nationality. However, in this case, the child will only have Australian nationality, not Chinese nationality, because one parent is a PR.

Case 2: One parent is Australian and the other is Chinese without PR, the child has dual citizenship

If one parent is an Australian citizen and the other is a Chinese citizen but does not have an Australian PR, the child will not only have Australian citizenship but also Chinese citizenship when born in Australia. The Australian Nationality Act clearly stipulates that as long as one parent is an Australian citizen, the child will obtain Australian citizenship. At the same time, the Chinese Nationality Act grants Chinese citizenship to children born abroad, provided that one of the parents is a Chinese citizen and the parents of this Chinese citizen need to "settle" in a foreign country. In this case, since the Chinese parents do not have an Australian PR, they are not considered to have "settled" in a foreign country, and the child has both Australian and Chinese citizenship.

Frequently Asked Questions:

Does a child born in Australia necessarily have Australian citizenship?

Yes, in Australia, as long as one of the parents is an Australian citizen or PR, the child will become an Australian citizen.

Does China recognise dual citizenship for children born in Australia?

In this case, China's Nationality Law only recognizes the child's Chinese nationality, but not his Australian citizenship.

If both parents are Chinese citizens but one holds a PR, will the child have dual citizenship?

No, because in this case, China does not recognize the child’s Australian citizenship.

If one parent is an Australian citizen and the other is a foreign citizen, will the child have Australian citizenship?

Yes, in this case the child will have Australian citizenship.

If both parents are foreign citizens but one holds PR, will the child have Australian citizenship?

Yes, under Australian citizenship law, as long as one parent is an Australian citizen or PR, the child will become an Australian citizen.

After a child obtains Australian citizenship, can he/she apply for Chinese citizenship?

In this case, China will recognize the child's Chinese nationality but not his Australian citizenship.

If one of the parents is a foreign citizen but holds a PR, will the child be Australian citizen if born in Australia?

Yes, in this case the child will have Australian citizenship.

If both parents are Chinese nationals but hold PR in Australia, will the child be Australian citizen if born in Australia?

Yes, under the Australian Citizenship Act, as long as one party has PR, the child will obtain Australian citizenship.

Does a child born in Australia have to apply for Australian citizenship within a certain period of time?

No, in Australia, children acquire Australian citizenship at birth and do not need to apply separately.

Does a child’s dual citizenship affect his or her rights in China?

In this case, China only recognizes the child's Chinese nationality, but not his Australian nationality. In China, the child will only be treated as a Chinese national.

When a child is born in Australia, there are multiple legal provisions regarding their nationality, and understanding these provisions is crucial for parents to make the right decisions as their children grow up. The complexity is not only reflected in the legal level, but also in the integration of the laws of the two countries.

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