Born in Australia, Raised Between Two Countries: How Swara’s CitizenshipWas Finally Recognised
Here’s a question that catches a lot of migrant families off guard: if your child is born in Australia, are they automatically Australian?
The answer—if the parents aren’t Australian citizens or permanent residents at the time of birth—is: not automatically. But there’s a pathway. Under Section 12(1)(b) of the Australian Citizenship Act 2007, a child born in Australia can acquire citizenship if theyordinarily reside here for the first ten years of their life.
Sounds straight forward enough.Until it isn’t.
This is the story of Swara—bornin Brisbane, raised between Australia and India—and the legal challenge her family faced to prove what should have been obvious: that Australia was, and always had been, home.
The Reality of Raising a Family Across Borders
Swara was born on 17 December 2015 at the Royal Brisbane and Women’s Hospital. At the time, her mother Ruchiwas on a student visa. Her father Paresh was working to support the family as they built their life in Australia.
Like many migrant families in their early settlement years, the Dixits faced the practical realities that don’t show up in visa brochures. Financial constraints. Visa limitations.Childcare. And as is common in Indian families, Swara’s maternal grandparents stepped in to help—which meant Swara spent extended periods in India during her early childhood while her parents stabilised their situation in Australia.
It’s a story that’s more common than people realise. And it’s one the Department of Home Affairs doesn’t always view sympathetically.
The Department’s Challenge
When Knowbal Migration applied for citizenship by evidence on Swara’s behalf, the Department didn’t just process it and move on. They issued multiple Requests for Information. Their concern: Swara had spent significant time outside Australia, primarily in India with her grandparents.
The question they were really asking was pointed: could Swara still be considered an “ordinary resident” of Australia if she’d been living overseas for chunks of her childhood?
On the surface, it looked likea tough argument to win. The days-in-country numbers weren’t in Swara’s favour.
But migration law isn’t justabout counting days.
The Legal Strategy That Made the Difference
Knowbal’s team prepared a detailed legal submission that went well beyond travel records. The argument was built on a fundamental legal principle: ordinary residence should be assessed in the context of parental intent and permanent home base—not simply by counting passport stamps.
The submission highlighted several critical points. Swara’s parents had consistently lived and worked in Australia with every intention of settling permanently. Swara had always held a valid Australian visa during her time abroad. Her time in India was temporary and driven by practical caregiving needs—a recognised cultural practice in Indian households. And upon returning, she integrated fully into Australian community life through schooling and family.
The team backed this with Federal Court precedents, including decisions that confirmed a person may still be considered an ordinary resident of Australia even after extended absences,and that citizenship acquisition at the ten-year mark operates automatically when the conditions are met.
The core argument was clear: a child’s residence must be viewed through the lens of the family’s circumstances and the parents’ permanent home—not reduced to a crude tally of days on Australian soil.
The Outcome
The Department accepted the arguments. Swara was recognised as having acquired Australian citizenship on her tenth birthday. She was granted evidence of Australian citizenship.
Today, Swara Pareshkumar Dixitis an Australian citizen.
Why This Case Matters for Migrant Families
This isn’t just Swara’s story.It’s the story of thousands of migrant families across Australia who navigate the tension between cultural obligations, financial realities, and legalrequirements.
Grandparents helping raisechildren while parents work and study is not an anomaly—it’s how a large portion of the world operates. Australian migration law, at its best,recognises this. But it takes the right legal interpretation and strong advocacy to make sure those circumstances are understood within the frame work of the law.
The takeaway is this: temporary absences don’t automatically break ordinary residence. If Australia was always the intended permanent home—and the evidence supports that—there’s a strong case to be made. But you need someone in your corner who knows how to make it.
Facing a Complex Citizenship or Residency Question?
If your child was born inAustralia and you’re unsure about their citizenship status—or if the Department has raised concerns about time spent abroad—don’t assume the worst. There maybe a strong legal pathway. Knowbal Migration has the expertise to assess your situation and fight for the right outcome.
Book a consultation with Knowbal Migration.
Please Note: This article serves as a general guide with information accurate as of publication. We recommend consulting a registered migration agent or checking the Department of Home Affairs website for precise,up-to-date guidance tailored to your circumstances.
