Australian Citizenship Lawyer / entry R-01
- Register no.
- R-01
- Status
- claimed
- Last checked
- 19 October 2026
- Sources
- Citizenship Act 2007 ss 16, 17, 19A, 52
- Home Affairs, citizenship by descent (18 Oct)
- Citizenship Regulation 2016 Sch 3
- Form 1298i
Australian citizenship by descent is open to a person born outside Australia on or after 26 January 1949 whose parent was an Australian citizen at the time of birth, and Home Affairs says it processes 75% of applications within 3 months and 90% within 5 months (checked 18 October 2026). Check the parent’s citizenship pathway and the additional eligibility conditions before applying through ImmiAccount.
Enquire about a citizenship by descent claim
Which situation fits?
| Situation | Condition to check | Next step |
|---|---|---|
| Born overseas; a parent was a citizen at the birth | The parent’s citizenship on the date of birth | Check the other conditions below |
| The parent was a citizen only by descent | Two years in Australia before the application, or the applicant is stateless | Check the parent’s time in Australia |
| Unsure whether the parent was a citizen at the birth | Records of the parent’s status on the date of birth | Establish that before applying |
A parent’s citizenship today does not settle the claim. Section 16(2)(a) of the Act asks about the parent on the date of birth.
What is citizenship by descent?
It is an application route for a person born outside Australia. The Minister approves the person becoming a citizen; it is not automatic.
| Route | Provision | What sets it apart |
|---|---|---|
| Descent | s 16 | Born outside Australia; parent a citizen at the birth |
| Birth | s 12 | Born in Australia; automatic if the conditions are met |
| Conferral | Division 2, Subdivision B | A separate application route, not covered here |
Who qualifies?
For a birth on or after 26 January 1949, section 16 requires birth outside Australia and a parent who was an Australian citizen at the birth. Approval then depends on the further conditions in the table.
| Condition | Requirement |
|---|---|
| Parent’s citizenship | A parent was a citizen at the time of birth |
| Parent a citizen only by descent | The parent was present in Australia for at least 2 years before the application, or the applicant is not, and never has been, a national or citizen of any country |
| Good character | Required at 18 or over if the applicant holds or has held a nationality |
| Identity | The Minister must be satisfied of identity |
| Security | No adverse security assessment; a national-security conviction bars a stateless applicant |
| Earlier cessation | No approval within 12 months of a previous cessation |
The 2-year condition counts the parent’s time in Australia, not the applicant’s. If every condition is met the Minister must approve (s 17(2)).
Does an Australian grandparent qualify a person?
Not on that fact alone. The test is the parent’s citizenship at the birth. Section 19A adds that approval does not make a person a citizen unless a parent was a citizen when the person was born.
What if the person was born before 26 January 1949?
Section 16(3) is a separate test. A parent must have become a citizen on 26 January 1949 and have been born in Australia or New Guinea, or naturalised before the birth.
How do you apply?
Apply online in ImmiAccount. Home Affairs lists paper applications only for concession-fee cases, Australian Defence Force members, stateless applicants, people with no current or expired passport, and people with no travel in or out of Australia since July 1990.
- Work out the test. Identify the birth-date rule and the parent’s pathway under section 16.
- Check the conditions. Parent’s time in Australia, character, identity, security and any earlier cessation.
- Choose the route. Online unless a listed paper case applies.
- Pay and submit. The amount shown at payment is the one to rely on (see the fee below).
Siblings can each apply on their own application. Home Affairs lists a descent extract among the documents it accepts as proof of citizenship (its employer guidance).
What is Form 118?
Form 118 is the paper application for citizenship by descent. Form 1298i lists it with its fee. Home Affairs sends most applicants to ImmiAccount instead.
How much does it cost?
The fee is $380, with $160 for each further sibling applying at the same time. Schedule 3 of the Citizenship Regulation 2016 sets it from 1 July 2026, and Form 1298i lists the same amounts. Some Home Affairs pages show older amounts; the fee charged is the amount at payment.
How long does it take?
| Share of applications | Published processing time |
|---|---|
| 75% | Within 3 months |
| 90% | Within 5 months |
These are Home Affairs statistics across applications, not a deadline for any one decision.
What if the application is refused?
A refusal under section 17 can be reviewed by the Administrative Review Tribunal (ART) under section 52(1)(a). Read the decision notice for the date.
The Administrative Review Tribunal Act 2024 s 18 says the period for applying is set by the rules and cannot end before 28 days after the decision. Other legislation may set a different period.
Court review and ministerial intervention are separate from merits review and are not covered here.
Related entries
| Entry | Go to | About |
|---|---|---|
| R-02 | citizenship by birth in Australia | Born in Australia instead |
| R-03 | apply for evidence of Australian citizenship | The notice that records the status |
| R-05 | citizenship certificate | What the certificate shows |
| R-07 | revoke Australian citizenship | Contested status after approval |
| R-09 | Australian Citizenship Act | The provisions in order |
| Home | Australian Citizenship Lawyer | Enquire |
When to ask a lawyer
A descent claim turns on one fact, whether a parent was an Australian citizen on the day of the birth, and on the parent's own pathway. A missing record or an unmet two-year condition ends an application that looked sound. Australian Migration Lawyers can read the parent's records before lodgement and prepare the claim, which makes an approval more likely than a claim prepared without that check.