Citizenship By Descent
Citizenship By Descent
Do you have a biological child born in Philippines who has at least one Australian Citizen as a parent? Would you like your child to obtain Australian Citizenship By Descent without a lot of hassle and stress?
If the child is born overseas and where at least one biological parent is an Aussie Citizen at the time of the birth, then the child will be entitled to apply for Australian Citizenship By Descent. The child will then be entitled to apply for an Australian passport, and can travel to and remain in Australia. No visa necessary ever.
This is a great option for those Australian men who have fathered children in the Philippines and wish that those children may become Australian Citizens and to enjoy all the rights of other Australians. Australian Citizenship is not automatic outside of Australia, and whilst it is an entitlement it is an entitlement that must be claimed with a successful application to the Department (Australian Embassy in Manila). It requires strong evidence of biological fatherhood, which may require DNA test evidence to backup of the claim.
Note that claiming to be the biological father of a child as an “act of chivalry” is not only fraudulent, it is also a criminal offense in the Philippines. Avoid the urge to do anything galant, and to say “I’ll give the child my name” if the child does not share your genes. This is especially frowned open in the Philippines where actual paternity is taken very seriously.
When the case is genuine, Citizenship By Descent is a great gift to bestow on your Filipino children as it is permanent. It does not require entry into Australia at any given point, and remains for the lifetime of the child. This option should be considered also when a partner visa application includes biological children. When the biological child of an Australian Citizen is granted Citizenship By Descent, they may travel to Australia with an Australian passport without the need to be included as an applicant in a partner visa application, nor will they need to apply for a dependent child visa or child visa later.
Information contained in this page is of a general nature. Informative, yes, but not a formula for preparing visa applications and should not be relied on as such. The devil is in the detail, rest assured. Australian migration law is complicated and Departmental decisions are inflexible and often final. Readers and future visa applicants and sponsors are advised to rely on professionals to ensure a happy outcome.
It should also be considered by those Australian men who reside full-time in the Philippines, so that their Filipino children may wish to exercise their right to live in Australia at a later time.
If you have a legitimate claim, we can prepare and lodge an application for the child.
To see if we can help you, please fill out our FREE ASSESSMENT FORM
Citizenship By Descent Pros and Cons
- Child never needs an Australian visa ever
- Citizenship is permanent
- Cheaper option than including child as secondary applicant on a partner visa, or applying for a child visa
- Child must be the biological child of an Australian Citizen at their birth
- Has a higher level of expected evidence than including in a partner visa application
- Requires organizing a passport application after the citizenship grant
- There are no bridging visas available for onshore Citizenship applicants, so onshore applications are inadvisable
Australian Citizenship By Descent From the Philippines FAQ
I’ve accepted the child as my own. Can I apply for Citizenship by Descent?
No, definitely not. The child must have at least one parent who is an Australian Citizen. Adding your name as the father, ie. “giving the child your name” sounds very gallant, and no doubt the intentions are wonderful. However it happens to be a crime.
I was thinking of just adding the child onto a Partner Visa application. What’s best?
Citizenship By Descent is quicker and cheaper. Need we say more?
Will we need DNA testing?
It’s not standard, however they may ask for it if there is any doubt. More reasons not to try to be clever with switching babies or claiming to be a child’s father.
Does Citizenship come with an Australian passport?
No, a passport is a separate application. And it’s one you need to do for yourselves.
Can we apply for Citizenship by Descent inside Australia?
If you apply for Citizenship by Descent for a child inside Australia on a tourist visa and the application takes longer than the tourist visa, you could mess everything up. There are no bridging visas associated with Citizenship applications.
Does the Australian Citizen child still need an Australian visa?
No, not at all. The child may enter Australia and remain anytime at all, and will never need a visa.
Do I need a Citizenship by Descent application for my child born inside Australia?
Not at all. A child born to an Australian parent (either or both) inside Australia is an Australian Citizen the moment they pop their head out. It’s automatic.
Have A Citizenship By Descent Question Not Answered Above?
Now, over to you the client (or potential client)! We value our clients opinions, and we believe in keeping all well-informed. What would YOU like to ask about citizenship by descent? What do YOU think needs a bit more explanation? Ask below, and Jeff Harvie RMA will answer your question for you and for others wondering the same thing.