Form 1290 – Application for Australian Citizenship (Other Situations)

Introduction

Most people become Australian citizens through the standard “general residence” pathway and apply with Form 1300t or online via ImmiAccount. But there’s a quieter doorway for people whose circumstances don’t fit the usual mould. That doorway is Form 1290 – Application for Australian Citizenship (Other Situations). It’s designed for special categories: children, young people aged 16–17, children of former Australian citizens, and those born here who are stateless. If that’s you or your child, you’re in the right place.

I’ve spent more than two decades helping families and young people navigate this exact form. I’ve seen excellent applications held up for months by tiny errors: a referee who didn’t qualify, a missing line on a certification, an old version of the form, or the wrong eligibility box ticked. This guide shares how I approach Form 1290 in practice: eligibility, documents, fees, timelines, and the practical lawyer tactics that keep files moving. I’ll keep the language simple, the instructions clear, and the tone calm and reassuring. The goal is to de-stress the process and give you confidence that you’re doing it right.

What Is Form 1290 and When Is It Used?

Form 1290 is the paper application used for Australian citizenship by conferral in “other situations”. It exists because the Citizenship Act recognises that not everyone fits the standard adult residence pathway. The form is appropriate when:

• The applicant is under 16 and a parent or guardian is applying on their behalf.
• The applicant is aged 16 or 17 and wishes to apply independently (with parental consent and character checks).
• The applicant was born in Australia but is stateless (that is, not considered a citizen by any country), and ordinarily resides here.
• The applicant is a child of a former Australian citizen and wants to re-establish that link.

Because 1290 covers such a range of situations, the supporting evidence differs depending on the category. The process is paper-based rather than online. You must complete the form, collect certified identity documents, obtain a qualified referee’s identity declaration and certified photos, and post the pack to the Department of Home Affairs. That formality can be your friend; when you present a clean, well-evidenced pack, decision makers can understand the story quickly and approve it without a lot of back-and-forth.

Eligibility Categories Explained (with Examples)

I break the 1290 pathway into four plain-English categories. Below is a concise chart, then I’ll add commentary on each one.

Under 16 years

For applicants under 16, citizenship is not about sitting tests. It’s about identity, parentage, and best interests of the child. The parent or legal guardian signs the form, and we attach the child’s birth certificate, the Australian parent’s citizenship proof, and any court orders establishing parental responsibility. If the other parent can’t sign, a statutory declaration explains why (for example, no contact, safety issues, or a court order granting sole responsibility).

Aged 16–17 years

Sixteen and seventeen-year-olds can apply on their own 1290. They need parental consent, a suitable identity referee, and (where relevant) police checks for countries where they’ve lived 12 months or more since turning 16. The focus is on identity and character; there is no adult citizenship test. I also like to include school records and a short personal statement – these help the case officer understand the applicant’s life in Australia.

Born in Australia and stateless

Statelessness is a specialised concept. It doesn’t mean “our home country makes it hard” or “we can’t get a passport.” It means no country recognises the individual as a citizen under its laws. For a child born in Australia, we typically gather letters from relevant embassies confirming non-recognition, any UNHCR records, and detailed evidence of continuous residence since birth. These cases can be life-changing and deserve careful, compassionate preparation.

Child of former Australian citizen

Where a parent previously held Australian citizenship but renounced or lost it (often for employment or legal reasons overseas), their child may still build a pathway to citizenship using 1290. We attach the parent’s old citizenship certificate or renunciation record, the applicant’s birth evidence, and proof of the family’s ongoing connection to Australia. A clear chronology helps – decision makers aren’t mind readers, and a tidy story makes approvals easier.

Key Legal Concepts in Plain English

You don’t need a law degree to lodge 1290, but understanding a few legal ideas will help you avoid surprises:

• Citizenship by conferral vs by operation of law. Form 1290 is a conferral process – the Minister confers citizenship following an application. In contrast, some children become citizens automatically by operation of law (for example, ordinarily resident in Australia for the first 10 years of life). If you’re in the “operation of law” camp, you’d seek evidence of citizenship, not conferral.
• Ordinarily resident. This means the child really lives in Australia as part of the community – not just visiting. School records, Medicare, leases, and family evidence help here.
• Parental responsibility. The Department looks at who legally has decision-making responsibility. If parents are separated or overseas, expect to provide court orders or detailed declarations.
• Good character (for 16–17). It’s a balanced assessment, not a “pass/fail” for one mistake. Honesty counts. If there’s a minor offence, we front-foot it with context and rehabilitation.
• Ministerial discretion. Many 1290 categories require the Minister (or delegate) to be satisfied that the legislative criteria are met. A crisp submission mapping each criterion to your evidence can be the difference between a quick approval and months of correspondence.

Form 1290 vs Form 1300t – Which One Is Right?

People often start 1300t out of habit, only to learn they’re in a special category. Here’s a comparative table that I give to clients to decide confidently:

Rule of thumb: if the applicant is a child or sits in a clearly defined “other situation,” use 1290. If they’re an adult who’s simply lived here long enough, 1300t is usually right. When in doubt, ask – fees are generally non-refundable if you lodge the wrong form.

Step-by-Step: How I Complete Form 1290 With Clients

1. Download the latest form and 1298i info booklet. Forms change. We always pull a fresh copy right before lodgement.
2. Confirm the category in writing. Under 16, 16–17, stateless, former citizen child – we pick one and build around it.
3. Names exactly as per identity documents. If there’s been a name change, attach the certificate or court order. Avoid nicknames anywhere.
4. Identity declaration & referee. We choose an Australian citizen in an approved occupation who has known the applicant personally for 12+ months (doctor, teacher, accountant, engineer, lawyer). We organise two certified passport-quality photos with the referee’s endorsement.
5. Parental consent (if under 18). Both parents sign. If one can’t or won’t, we provide a statutory declaration and evidence explaining why consent isn’t required or reasonably obtainable (for example, sole parental responsibility orders, proof of estrangement or safety concerns).
6. Character checks (16–17). We order police checks early to avoid expiry. If the young person lived overseas, we follow the Department’s instructions for foreign police clearances.
7. Residency & connection evidence. School reports, Medicare, immunisation history, rental/utility records, community involvement. For former citizen children, we include the parent’s renunciation record and a statement of connection to Australia.
8. Translations & certification. Non-English documents get NAATI translations (or official overseas equivalents). We use certifiers who include the full wording “true copy of the original,” name, capacity, and date on each page.
9. Payment and packaging. We attach the credit card form or cheque, index the bundle, paginate it, and send via registered post. The client keeps a full copy, including the envelope tracking number.
10. After lodgement support. We diary follow-ups, monitor for Department requests, and respond promptly with targeted material. If an interview is scheduled, we prep the applicant so the conversation stays calm, truthful, and relevant.

Document Checklist, Referees & Fees

Processing Times, What Happens After Lodgement & Delays

Timeframes move with demand, security checks and staffing. As a practical guide, I set expectations as follows:

• Standard under-16 and 16–17 cases: roughly 7–12 months when the file is clean.
• Former citizen children: often 8–14 months, depending on foreign verifications.
• Statelessness: 10–18 months is not unusual because embassies and UN agencies may be consulted.

After lodgement you’ll receive an acknowledgement with a reference number. That number should appear on every email or letter you send to the Department. If extra information is needed, respond by the stated due date; if you need more time, ask for it before the deadline. Some applicants are invited to an interview (in person or by video). It’s not an exam. It’s a chance to clarify facts and ensure identity and parentage are understood.

Frequent delay triggers: uncertified copies; referees who can’t be contacted; overseas police checks taking months; payments that bounce; photos not endorsed correctly; and address changes that aren’t notified. A single missing piece can pause a file for weeks, so we aim to be boringly complete from day one.

Common Mistakes (and How We Avoid Them)

• Wrong form. Lodging 1300t for a child who belongs on 1290, or vice-versa. We diagnose eligibility first, in writing.
• Referee doesn’t qualify. A friend who isn’t in an approved occupation or hasn’t known the applicant long enough. We brief the referee and provide a simple checklist.
• Certification errors. Missing wording or initials on multi-page copies. We use experienced certifiers and spot-check each page.
• Parental consent gaps. One parent can’t be contacted. We provide a statutory declaration and any court orders to cover the gap.
• Expired police checks. We time requests so they are current when assessed, and we diarise likely refresh dates.
• Statelessness asserted but not evidenced. We gather embassy responses and UNHCR records to meet the legal definition.
• Out-of-date fee sheet. We confirm the fee on the day of lodgement.
• Posting originals without a plan. Where originals are requested we courier with tracking and keep certified copies on file.

My philosophy: fewer surprises, more approvals. A quiet file is a good file.

Real-World Case Examples

1) Sydney stateless birth – eight-month approval. A child born at Royal Prince Alfred Hospital to parents from a non-recognised community had no pathway to any nationality. We compiled embassy letters, UNHCR material and a cradle-to-school evidence trail. The decision maker approved conferral within eight months. The family’s relief was unforgettable.

2) Sixteen-year-old future ADF recruit – ten months. A motivated student wanted citizenship before turning 18 to meet ADF eligibility. We managed parental consent, ordered police checks early, and wrote a brief submission about character and community contribution. Approval arrived before his final school exams.

3) Child of former citizens returning from Asia – nine months. The parents had renounced in the 1990s for employment reasons. We attached renunciation records, a detailed chronology of Australian ties, and evidence of the daughter’s intention to settle permanently. The Tribunal was never involved; the Department approved on the papers.

4) Split-care consent issue – resolved with orders. Separated parents disagreed about the child applying. We obtained a family court order granting parental responsibility to the mother for citizenship decisions. With that attached, the application progressed smoothly.

Frequently Asked Questions

Can I lodge Form 1290 online?

No. Form 1290 is a paper application. Print the current version, complete it neatly, attach certified documents and post by tracked mail.

How do I pick the right referee?

Choose an Australian citizen in an approved occupation who has known the applicant personally for at least 12 months and is contactable during business hours. Teachers and doctors are common choices.

Do 16–17 year-olds have to sit a test?

No. The adult citizenship test applies to most applicants 18 and over. For 16–17, the focus is identity and character.

What if the other parent won’t consent?

Provide a statutory declaration explaining the situation and attach any court orders about parental responsibility. The Department assesses whether consent is required or can be waived on the evidence.

How long will it take?

Plan for 7–15 months, longer for stateless cases or where foreign checks are slow. The best accelerator is a complete, well-organised lodgement.

Can fees be reduced or waived?

Concession fees exist and in limited hardship circumstances a waiver or refund may be considered (for example, some statelessness cases). Evidence is essential.

What happens if we move house?

Tell the Department immediately in writing. Missed letters and interview notices are a common reason for delays and even refusals.

What if the application is refused?

Onshore refusals usually have review rights to the Administrative Review Tribunal within a strict timeframe. Get advice quickly; appeal windows are short.

Will my child need to attend a ceremony?

Citizenship by conferral usually culminates in a ceremony. Councils schedule these and will invite you after approval. Young children often attend with their parents.

Is dual citizenship allowed?

Australia permits dual citizenship. Your other country may have its own rules, so check with its embassy if you’re unsure.

Related Guides & Internal Links

• Form 1290 – Overview & Lawyer Notes
• Federal Court Appeals – Judicial Review
• Partner Visa – Evidence & Genuineness

Book a Consultation

Form 1290 is where citizenship law meets family life. When it’s your child’s future on the line, you want the file to be right the first time. I’ll diagnose the correct category, map each legal criterion to your documents, prepare a neat evidence bundle, and draft a clear submission that helps the decision maker approve the case with confidence.

Book a consultation with me today and let’s build your strongest Form 1290 application.

Immigration policies, systems, and processes can change without notice. I’d like to know your own experience with the immigration challenges noted above — feel free to contact me.

MyVisa: Nilesh Nandan, Attorney at Law
BBus(Accy) LLB(QUT) GDLP MBA(IntBus)
Head of Practice