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If an FTB applicant was born overseas, evidence must be obtained to verify that they are an Australian resident (1.1.A.130). This means that the person must:
This topic explains the following:
Evidence must be provided by the applicant that they:
This is explained in the rest of this topic.
Policy reference: FA Guide 2.1.2.10 Residence Requirements
SS Guide 9.1 What is a Visa?
Suitable evidence of Australian residency may include:
A person may become an Australian citizen by applying for grant of Australian citizenship. A certificate of Australian citizenship is issued to a successful applicant after an official ceremony.
Explanation: Most people born in Australia before 26 January 1949 became Australian citizens on that date when the Australian Citizenship Act 1948 first came into force. People born in Australia on or after 26 January 1949 and before 20 August 1986 automatically became Australian citizens on their DOB unless one of their parents was a diplomatic or consular official of a foreign country. There is also provision for children born in Australia who would otherwise be stateless to apply for Australian citizenship by registration. Children who live in Australia until their 10th birthday acquire Australian citizenship on that birthday. A child born overseas to Australian parents, or a child adopted by Australian parents, may be registered as an Australian citizen by the child's parents at the nearest Australian Embassy or Consular post.
Policy reference: SS Guide 2.2.4.10 Verifying Residence/Citizenship
A permanent visa gives the holder permission to remain in Australia indefinitely. A person may apply for a permanent visa inside or outside Australia, depending on the category of visa.
An SCV is the type of visa granted to people who enter Australia on a New Zealand passport. Like a permanent visa, it allows the holder to remain in Australia indefinitely. However, New Zealand citizens entering Australia are granted the same visa regardless of whether they are entering as visitors or settlers. This is why the A New Tax System (Family Assistance) Act 1999 requires the holder of an SCV to be also 'residing in Australia' to be eligible for FTB.
Explanation: Prior to 1 September 1994, New Zealand citizens and certain other groups did not require a visa to enter and remain in Australia. However, since the introduction of the Migration Reform Act on that date, a person must be either an Australian citizen or the holder of a valid visa to be legally present in Australia.
Act reference: FAAct section 21(1)(b)(i) When an individual is eligible for FTB in normal circumstances
SSAct section 7(3) In deciding whether or not a person is residing in Australia...
Policy reference: SS Guide 9.1.2.40 New Zealand Citizens
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Last reviewed: 6 April 2009
