Applying for evidence of citizenship or permanent residency for a child in care is an important step in ensuring access to a range of services they may require such as Medicare, NDIS, education, Centrelink or a passport.
The application for evidence must now be done on-line to the Department of Home Affairs, through an Immi Account to which all documentation is attached. See www.immi.homeaffairs.gov.au and go to “Get a citizenship certificate”.
If you would like help in applying for this evidence or lodging the application, contact child protection’s Cultural Engagement Program (CEP) who can help or do this for you. Simply email: cultural.engagement@dffh.vic.gov.au
Evidence Required
A person is required to provide evidence of Australian citizenship or permanent residency to apply for:
- a passport to travel overseas as an Australian citizen
- a Medicare card
- the National Disability Insurance Scheme (NDIS)
- education.
A person becomes an Australian citizen automatically if they are born in Australia and one or both of their parents are Australian citizens or permanent residents when they are born.
A person may also have Australian citizenship by conferral. This means they have been a permanent resident and have applied for citizenship as they meet other specific criteria.
Evidence of Australian citizenship can be demonstrated through presentation of:
- either parent’s full birth certificate (where the parent was born before 20 August 1986)
- either parent’s Australian passport (valid for at least two years at the time of the child’s birth)
- an Australian Citizenship Certificate issued to either parent (before the child’s birth) or to the child.
Where none of the documents listed above are available, Child Protection should make an application to the Commonwealth Department of Home Affairs to obtain evidence of citizenship on behalf of the child.
Under section 6(1) of the Australian Citizenship Act 2007, Child Protection is able to apply for evidence of Australian citizenship on behalf of a child under the age of 16 for whom the Secretary of the department has parental responsibility.
If you are applying for evidence of citizenship as part of a passport application on behalf of a child see Passports - procedure for tasks that must be completed, and Passport – advice for additional information. If the passport application is for an Aboriginal child, evidence of citizenship may be demonstrated in other ways. Contact the Australian Passports Office for advice.
Case practitioner tasks
Child Protection should only apply for evidence of Australian citizenship on behalf of a child for whom the Secretary has parental responsibility. This includes children subject to Care by Secretary and Long-Term Care Orders.
Child protection practitioners should seek parental consent for children on a family reunification order. When making a determination about whether to apply for evidence of citizenship for a child on a family reunification order, the circumstances of the application and potential implications for the child’s case plan and stability objective must be considered.
For a child or young person entering permanent care, evidence of Australian citizenship or permanent residency must be obtained prior to case closure, if the young person does not have a passport or access to at least one of the birth parent’s birth certificates.
Confirm eligibility
- Confirm the child’s eligibility. A child is eligible if they:
- were previously issued with an Australian citizenship certificate or extract (or on a parent’s citizenship certificate)
- were born in Australia and either parent is an Australian citizen or permanent resident, so the child acquires Australian citizenship at birth
- were born in Australia to parents who are not citizens or permanent residents, so only acquire Australian citizenship on the child’s 10th birthday
- were adopted in Australia and acquired Australian citizenship
- were born outside Australia and acquired Australian citizenship by descent (one or both parents are citizens or permanent residents)
- are a permanent resident, including New Zealand citizens holding a Special Category visa (SCV 444 visa) and meet specific criteria (see Becoming an Australian Citizen by Conferral) at www.immi.homeaffairs.gov.au.
Documents to accompany applications
Required Documents Checklist (Child 15 or under):
- Birth Certificate: A full birth certificate showing both parents' names.
- Identity Document: Passport or travel document, if available.
- Identity Declaration (Form 1195): Signed by an Australian citizen who has known the child for over one year (or since birth if younger than 1) and holds required professional standing.
- Photograph: One passport-sized photograph signed by the same person who signs the Form 1195.
- Parent's Evidence: Evidence of at least one parent's Australian citizenship or permanent residency at the time of the child’s birth (e.g., birth certificate, passport or citizenship certificate).
- Name Change: Proof of change of name if the child’s name differs from their birth certificate.
- Other Documents: Any applicable child orders or adoption papers.
Documents must be scanned and uploaded via Immi Account if applying online.
In addition to the documents listed above, additional documentation must be provided to demonstrate how the child became eligible for citizenship.
- If the child became a citizen at birth because at least one parent was an Australian citizen or permanent resident of Australia at the time of birth, the following support documents will be required:
- evidence of one parent’s Australian citizenship (if available), for example an Australian passport issued after 1 July 2005, a certificate of Australian citizenship, or an Australian birth certificate, or
- evidence of one parent’s permanent residence in Australia (if available), for example a passport with a visa granting permanent residence or permanent entry stamp.
- If these documents are unavailable or unable to be located, attach a cover letter to the application explaining the Secretary has parental responsibility for the child, the efforts that have been taken to locate the relevant documents and the reason why the documents are unable to be obtained.
- If the child became an Australian citizen on their tenth birthday because they lived in Australia for the first 10 years of their life the following support documents will be required:
- evidence of both parents’ status at the time of the child’s birth (if available), for example a passport, or
- evidence the child has resided in Australia for 10 years, since the child’s birth (for example immunisation certificates, school reports).
- If these documents are unavailable or unable to be located, attach a cover letter to the application explaining the Secretary has parental responsibility for the child, the efforts that have been taken to locate the relevant documents and the reason why the documents are unable to be obtained.
Documents that are not in English must be provided with official translations. The translator must be accredited by the National Accreditation Authority of Translators and Interpreters. More information is available on the NAATI website.
- Copy, certify and attach required documents to the application. The certified copy must be authorised as being a true copy of the original document by an appropriate authority. The list of professions that can certify a document is available on page 9 of the application form.
Completing the online application form. The application must be logged online using an Immi account
- Complete Form 119 – Application for evidence of Australian citizenship on behalf of the child.
- Organise an eligible person to sign the ‘Identity Declaration’ located in Part L of the application (in the case of a child under 6 years of age, this section is not required). The eligible person must:
- have known the child for at least one year and belong to the list of professionals on the list on page 9; and
- not be related to the person by birth, marriage or de facto relationship; and
- be accessible by telephone during normal working hours.
If no Australian citizen has known the child for at least one year, the declaration can be signed by a person who belongs to a profession on the list on page 9 who has known the child for less than one year. Amongst the persons authorised to perform this task are people who have been employed by the department, or any other state or Commonwealth department, continuously for a period of five years, police members and some teachers.
- Ensure the person who signs the declaration also endorses the passport photograph of the child. Instructions for this are located on page 3 of the application form.
- Ensure the required documents are certified and included with the application, including the endorsed photograph.
- Include the application fee with the application. Payment can be made using a procurement card. An administration assistant can assist with this process.
Note: No fee is payable if the application is to replace evidence of Australian citizenship that was lost, destroyed or damaged due to a natural disaster. The Home Affairs website, ‘Australian Citizen’ provides more information on applying for a fee exemption and documentation required to do so.
Once the child’s application is approved, you will be notified in writing. It may be an additional 10 working days until you receive the child’s citizenship certificate.
Storing the child's citizenship certificate
A child’s citizenship certificate belongs to the child and, where appropriate, should follow them. Store the child’s original citizenship certificate on their child protection paper file while the Secretary maintains sole parental responsibility for the child.
- Attach a copy of the citizenship certificate to CRIS as part of a case note titled Citizenship Certificate - <name of child>.
- A copy of the citizenship certificate should also be saved as an attachment under the child’s National ID.
- Provide the child’s citizenship certificate to their parent if a child returns home.
- Provide the original citizenship certificate to the child’s permanent carers if a Permanent Care Order is made.
- Provide the original citizenship certificate to the young person when they transition to independent living when leaving care upon reaching adulthood.
Supervisor/ Team manager tasks
- Provide support to the child protection practitioner when they are completing the required tasks.
- Approve funding for an application.