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Form 118 Application for Australian Citizenship by Descent

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Form 118 Application for Australian Citizenship by Descent Form Application for Australian citizenship by descent 118 Department of Home Affairs Important If you were born through an international surrogacy arrangement Have you considered applying online? Applying online will Please read Fact sheet International Surrogacy Arrangements ensure your application and payment is received by the available from the Department’s website Department of Home Affairs (the Department) in a timely www.homeaffairs.gov.au manner and helps us to finalise your application more quickly. In all cases involving surrogacy, you must provide: Check if you can apply online at • written and signed consent from the surrogate/gestational www.homeaffairs.gov.au/citizenship mother to the application If you apply using this paper form • a certified copy of identity documentation for the surrogate/ gestational mother showing her photo, signature and Please read the information pages carefully. Pre-pay through current address, and ImmiAccount before posting your application to the Department (see page 15). • a certified copy of the surrogacy contract signed by the surrogate/gestational mother and commissioning parent(s). We strongly advise that you keep a copy of your application for your records. If you were adopted Please read the information available on the Department’s There are 4 steps in the citizenship application process for website https://immi.homeaffairs.gov.au/citizenship/ citizenship by descent. become-a-citizen/child-adopted-outside Step 1 Eligibility – determine if you are eligible If you were adopted you should only use this form if a person who was your parent at the time of your birth was also an Step 2 Original documents – gather your original Australian citizen at that time. documents If you did not have an Australian citizen parent at the time of Step 3 Copy and certify your documents your birth and you were: • adopted under full Hague Convention arrangements Step 4 Complete this application form, pay online and you should use form 1272 Application for Australian lodge your application citizenship for children adopted under full Hague Convention or bilateral arrangements Integrity of application • adopted by an Australian citizen under a law of an Australian The Department is committed to maintaining the integrity state or territory and you were in Australia as a permanent of the visa and citizenship programs. If you or a third party resident at that time you may have automatically acquired acting on your behalf provide, or have provided in a previous Australian citizenship. You may apply for evidence of application, false or misleading information or documents Australian citizenship using form 119 Application for (either knowingly or otherwise), this application may be evidence of Australian citizenship. refused. In addition, you may be prosecuted under the If you were adopted under other arrangements and are a Migration Act 1958 and/or the Australian Citizenship Act 2007. permanent resident you may be eligible to apply for Australian If information or documents are found to be fraudulent or citizenship (form 1290 Application for Australian citizenship misleading after you become an Australian citizen, you may be – Other situations if under 18 years of age or form 1300t prosecuted and may be subject to revocation of your Australian Application for Australian citizenship – General eligibility if citizenship. 18 years of age or over). Step 1 – Eligibility Children Applications for children under 16 years of age must be made If you were born outside Australia on or after 26 January 1949, by a responsible parent. you may be eligible for Australian citizenship by descent if at The Australian Citizenship Act 2007 defines responsible least one person who was your parent at the time of your birth parent in relation to a child as: was also an Australian citizen at the time of your birth. If your Australian citizen parent was a citizen by descent or full Hague • a parent, unless that parent does not have parental adoption, then that parent must have spent at least 2 years in responsibility because of orders made by the Family Court Australia before you make your application. of Australia, or If you were born outside Australia or New Guinea before • any person having responsibility over the child because of 26 January 1949 you may be eligible for Australian citizenship an order made by the Family Court, or by descent if at least one of your parents became an Australian • any person who has guardianship or custody of the child citizen on 26 January 1949, and that parent was born in under an Australian law or a foreign law, whether because of Australia or New Guinea, or was naturalised in Australia before adoption, operation of law, an order of a court or otherwise. your birth. All applicants 18 years or over must be of good character. Australian citizenship commences on the date the application is approved. You do not need to attend a citizenship ceremony. © COMMONWEALTH OF AUSTRALIA, 2021 118 (Design date 07/21) - Page 1 Step 2 – Original documents The checklist below will help you identify suitable documents. If you have difficulty finding suitable documents please call the You will need to provide the Department with a range of Citizenship Information Line before you complete and lodge documents to prove that you are who you say you are and to your application. establish you have not had any serious criminal convictions. These documents are called identity documents and good character documents. Identity document checklist You will also need to provide additional documents that show Applicants 16 years of age or over one of your parents was an Australian citizen at the time of A current document with your photograph your birth. These are called supporting documents. and/or signature If you have to get documents from overseas this can take time. You will not be able to complete the application process An Australian driver’s licence, or without these documents. A passport, or Translations and certified copies A United Nations High Commissioner for Refugees If your documents are not in English, you must provide official (UNHCR) document, or translations. In Australia, you must use translators accredited by the National Accreditation Authority of Translators and A national identity card, or Interpreters. For more information, see www.naati.com.au Another document containing a signature and Unless specified that original documents are required, photograph, eg. an air crew identity document, certified copies of original documents must be attached to seafarer identity document, military identity your application. These copies must be certified by a person document or student card with the correct authority. See Identity declarations – list of professions on pages 5–6 for people who can certify documents. Further information on certifying documents is Evidence of your current residential address available on the Department’s website A utilities notice eg. electricity, gas or water bill, https://immi.homeaffairs.gov.au/help-support/applying- bank notice, or online-or-on-paper/on-paper/certified-copy If you are outside Australia when applying, contact the Rental contracts or rates notice Australian Home Affairs office in the country where the documents were issued for advice on acceptable translators, and who can certify your original documents. Evidence of your date of birth, birth name and any changes of name If you need to provide overseas penal clearance certificates with your application, you must provide certified copies of the A full birth certificate, and certificates. Evidence of links between present and previous Identity documents names, for example an official marriage, divorce or Applicants 16 years of age or over change of name certificate, if applicable You must provide the following identity documents. Evidence of your identity in the community 1. Three original documents that collectively show your: • photograph One passport-sized photograph and identity • signature declaration signed by an Australian citizen with the • current residential address correct authority • birth name, date of birth and gender. Children 2. Proof of change of name, if applicable. The following documents are required if the 3. Part E – Identity declaration completed by a person with applicant is a child under 16 years of age the correct authority. If you do not provide these documents, your application A full birth certificate or family register containing will not be accepted and will be returned to you. parent’s details Note: In some circumstances the Department may Children request DNA testing. See form 1259i Information If you are an applicant under 16 years of age, you must about DNA testing for visa and citizenship provide the following: applicants. Form 1259i is available from the Department’s website 1. Identity documents that show a: https://immi.homeaffairs.gov.au/form-listing/ • birth name and date of birth forms/1259i.pdf • photograph and current name, if available. Evidence of links between birth name and current 2. Proof of change of name, if applicable. name, if applicable 3. Part E – Identity declaration completed by a person with the correct authority. A passport or other travel documents, if any One passport-sized photograph and identity declaration signed by an Australian citizen with the correct authority 118 (Design date 07/21) - Page 2 © COMMONWEALTH OF AUSTRALIA, 2021 Identity declaration Spent convictions As well as your identity documents, you will need to provide You must declare spent convictions
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