Policy - Gender recorded on a citizenship certificate
Background
Definitions:
Transgender: a person who identifies as a gender other than their sex assigned at birth, and/or whose identity does not belong to conventional notions of male or female gender, but may combine or move between these.
Intersex/Indeterminate sex: relating to a person having sex characteristics of both male and female, or characteristics intermediate between male and female.
When to use
Some applicants have a gender identity that differs from the sex originally record on their birth record or their identity document.
Gender change since birth in home country:
If the applicant has changed their gender since birth and this has been formally registered overseas (via the court process) and they have provided their updated birth certificate reflecting the gender change with their citizenship application, the Department does not require a statutory declaration in addition to this. A statutory declaration from the applicant is only required when the applicant has not had the gender change registered in their country of birth and cannot provide a birth certificate reflecting the current gender they wish to have registered on their citizenship record.
Citizenship transgender policy
A citizenship or evidentiary certificate may be issued in an applicant's preferred sex/gender of M (male), F (female), X (Non-binary) or (NR) no indication of sex/gender.
The applicant must provide a Statutory Declaration with their application form indicating:
- the sex/gender identity to be displayed on the certificate (M, F, X or NR),
- how long the applicant has maintained their current sex/gender identity.
Applicants must meet all other usual requirements appropriate to the application.
Note:
- Citizenship asks the applicant how long they have maintained their current sex/gender identity to establish:
- that the identity has been maintained for a reasonable period of time, and
- the applicant doesn't frequently change their mind about their gender identity.
- This policy is based on international standards relating to identity.
Applicants under 18 years of age
Applicants under 18 years of age will be required to provide the following additional information:
- a Statutory Declaration from a parent or legal guardian which supports the change in sex/gender identity on their certificate,
- a Statutory Declaration from a registered counsellor/medical professional which supports this change.
Multiple changes in sex/gender identity
This policy was developed to remove unnecessary obstacles for applicants wanting to record a change in their gender identity. However, multiple changes in gender identity are likely to have implications for a person at overseas border control or may affect a person's ability to confirm their identity in the wider community.
Legislation
Births, Deaths, Marriages, and Relationships Registration Act 2021
See more: Information for Transgender applicants
