Citizenship by Descent — By-Descent Parent + 2y Parental Presence (§16/17)
Citizenship in Australia
- Eligibility
- A person born outside Australia to a parent who was themselves an Australian citizen by descent (limited transmission) is eligible to apply for citizenship by descent under s 16 ACA 2007 only if the p Citizenship by descent under ACA 2007 ss 16-18 is a four-step process: (a) Application by the person (or guardian if a child) to the Minister under s 16; (b) Minister's decision under s 17 to approve Dual citizenship in the descent context: from 4 April 2002, Australia generally permits dual citizenship under the Australian Citizenship Legislation Amendment Act 2002 (Cth) No. 5 of 2002, which re
- Timeline
- complex
- Renunciation
- Not required
Who qualifies
A person born outside Australia to a parent who was themselves an Australian citizen by descent (limited transmission) is eligible to apply for citizenship by descent under s 16 ACA 2007 only if the p Citizenship by descent under ACA 2007 ss 16-18 is a four-step process: (a) Application by the person (or guardian if a child) to the Minister under s 16; (b) Minister's decision under s 17 to approve Dual citizenship in the descent context: from 4 April 2002, Australia generally permits dual citizenship under the Australian Citizenship Legislation Amendment Act 2002 (Cth) No. 5 of 2002, which re
Sources
- [T1] — Department of Home Affairs - Australian Citizenship Policy Statement
- URL: https://www.homeaffairs.gov.au/foi/files/2022/fa-220100994-document-released.PDF
- [T1]
- URL: https://immi.homeaffairs.gov.au/citizenship/citizenship-processing-times/citizenship-processing-times
- [T1]
- URL: https://immi.homeaffairs.gov.au/form-listing/forms/1298i.pdf
- [T1] — Australian Citizenship Act 2007 — Latest compilation (in force 22 January 2026)
- URL: https://www.legislation.gov.au/C2007A00020/latest
- [T1] — Australian Citizenship Act 2007 - SECT 16 Application and eligibility for citizenship by descent
- URL: https://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/aca2007254/s16.html
Example scenarios
Eligible
§16/17 descent — parent AC otherwise than by descent confers eligibility.
eligible descent with 2y
Parent by-descent + 2y AU presence (≥730 days) — eligible per §16(3).
Informational summary compiled from primary legal sources — not legal advice. Citizenship law changes; verify with the competent authority before acting. Last verified 2026-05-18.
Track changes to this route
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