Meaning of ‘eligible child’ and ‘ineligible child’

A child is an eligible child if they are:

  • an Australian citizen, or
  • an Australian permanent resident usually resident in Australia, or
  • an eligible New Zealand citizen usually resident in Australia

Any other child of the parent is an ineligible child. An ineligible child is taken to be resident overseas.

Children who are in Australia on a temporary visa as usually resident in Australia.

If a child’s whereabouts are unknown, it is considered as  resident in their last known usual country of residence.

Eligible New Zealand citizens

You are an eligible New Zealand citizen if you arrived in Australia on a New Zealand passport and were:

  • in Australia on 26 February 2001 and were a special category visa (SCV) holder on that day, or
  • in Australia for a period or periods totalling 12 months in the 2 years immediately before 26 February 2001, and returned to Australia after that day
  • assessed as protected SCV holders before 26 February 2001

If you need immigration advise or assistance, please call 1300 10 50 50 or contact our consultants.  You may also book an online appointment with our Lawyers or Migration Agents.

Original source