Thinking about including children in partner visa application? It’s possible but the devil is in the detail. In this article we aim to highlight some things to be aware of when including children in visa applications.
Firstly, only “dependent” children can be included in Partner Visa applications. Children under the age of 18 will be considered dependent. In addition, children between the age of 18 to 25 can in some circumstances be considered dependent. They must be studying full-time and they must not be working full-time. Further, they must not be married or in a de facto relationship. Effectively, they must be financially dependent on their parent.
Essentially, children who have already moved out of home, are over the age of 18 and are independent cannot be included as family members in a Partner visa application.
It’s worth noting that stepchildren can also be included in the application.
At what point do you include children in the visa application?
One issue worth considering is at what point do you include children in the application. Obviously, they can be included at the same time when the partner visa application is lodged, as part of that application. But this is not the only option.
Children can be added to the application at any time before the Partner Visa application is decided. However, once there is a decision on the Partner Visa, children can no longer be included as part of that application. Rather, you need to apply separately on their behalf for a Dependent Child Visa (subclass 445). This is not a permanent visa, but a temporary one which allows children to stay in Australia while their parent is on a temporary Partner Visa (i.e. for approximately 2 years). During that period of time, the child’s visa needs to be combined with the parent’s. So when the parent receives their permanent partner visa, the child becomes a permanent Australian resident as well. Please contact us if you need information on how this can be organised.
What if the visa applicant becomes pregnant and gives birth to a child before the Partner Visa application is decided?
In this scenario, the child will automatically be included in the parent’s partner visa application.
Other issues to keep in mind
There are a couple of other things to keep in mind in relation to children. Firstly, they too must meet health and character requirements when they’re included in the Partner Visa application. (In fact, they must meet these health and character requirements even if they apply separately for a Dependent Child Visa.) We have a detailed post on character issues here, and you can also view our video here or on our Facebook page.
Also from a practical point of view, when you start preparing for your partner visa application, please keep in mind that when you include your children, the visa application fee charged by the Australian Government increases with every additional child.