Application for Partner Visa with Dependent Child

Application for Partner Visa with Dependent Child

Partner Visa Application with Dependent Child: All You Need to Know

Are you applying for a partner visa with a dependent child? Generally, you can directly include your dependent child in your Partner Visa application. However, if you’re already granted the provisional Partner Visa (subclass 309 or 820), adding your dependent child to your permanent Partner Visa (subclass 100 or 801) application requires an additional step in which you must get your dependent child the subclass 445 Visa Australia.

The process can be more challenging, but with the appropriate guide, it is possible. Whether you’re already in Australia or applying from abroad, here’s everything you need to know about including your child in your partner visa application.

What is a Partner Visa Application with a Dependent Child?

The term “partner visa application with dependent child” describes a scenario in which the principal applicant includes their child as a dependent on their application for a subclass 820/801 (onshore) or subclass 309/100 (offshore) partner visa.

This means the Australian government will consider your relationship with your partner and your child’s well-being and eligibility.

Who Can Be Considered a Dependent Child?

To be included in your partner visa application, a dependent child must meet the following requirements:

• Biological, adopted, or stepchild of the primary applicant
• Be under 18. Those over 18 must demonstrate financial and emotional need.
• Single, not engaged, or in a de facto relationship.
• Must meet the health and character requirements.

Learn more: Dependent Visa Australia: Comprehensive Guidance

Child of your relationship – under 18 years old

If the dependent child is the biological child of both you and your sponsoring partner, and is under 18, they can be included in your Partner Visa application with ease. A birth certificate listing you and your sponsoring partner as parents is generally sufficient evidence.

Alternatively, if your sponsoring partner was an Australian citizen at the time of the child’s birth, consider applying for Australian citizenship by descent for your child instead of including them in the visa application.

Child of your relationship – above 18 years old

If the dependent child is the biological child of you and your sponsoring partner, but is over 18 years old, including them in your Partner Visa application can be more complex. You must provide substantial evidence that the child financially depends on you and your sponsoring partner and explain why they cannot support themselves independently.

Additionally, your dependent child must not be married, engaged, or in a de facto relationship.

Child of your relationship – above 23 years old

In this case, we usually recommend that our client explore an independent visa for the child, such as a work visa or other. It considers the challenges and complexities of including a child above 23 years old as a dependent on a Partner Visa application.

The big challenge is proving that the child depends entirely on you and your sponsoring partner. Unless they have a medical condition that prevents them from working and supporting themselves, you may include your 23-year-old child in your Partner Visa application.

Child of your previous relationship

If you plan to apply for a Partner Visa with a dependent child from a previous relationship, one of the main challenges, especially if the child is under 18, is proving that you have legal custody. You must provide evidence that you have the legal authority to decide where the child lives, or submit Form 1229, signed by the other biological parent, granting permission for the child to migrate.

If the child is over 18, Form 1229 is not required, but you must still demonstrate your custodial rights and provide strong evidence of the child’s ongoing financial and emotional dependency on you and your sponsoring partner.

Learn More: Australian Child Visa Age Limit: Full Explanation

Can I include my dependent child after being granted the Temporary Partner Visa?

You can include your dependent child even after being granted the temporary Partner Visa subclass 309 or 820. To do this, you must apply for the subclass 445 Dependent Child Visa for your child. Here’s the details:

What is a Subclass 445 Visa?

The subclass 445 visa Australia enables the biological or adoptive child of a temporary partner visa holder to reside in Australia while their parent’s permanent partner visa is being processed. It is a temporary visa that allows a child to remain legally in Australia while also linking to the ongoing partner visa application.

The key requirement is that the parent must have a temporary partner visa (Subclass 309 or 820). In addition, the dependent child must be:

• Sponsored by the same individual as the parent,
• Under 18 (or dependent, if over 18),
• Outside of Australia, when the application is lodged,
• Consent from the non-migrating parent may be necessary. This requires Form 1229 or a court order.

What Happens After the 445 Visa Australia is Granted?

Once your child is in Australia on a subclass 445 visa, you must make a formal request to include them in your permanent partner visa (subclass 100 or 801) application.

This is accomplished by completing Form 1002 - Application by a subclass 445 dependent child for a permanent partner visa, together with supporting documentation such as:

• Proof of Dependency.
• Updated sponsorship forms.
• Health and character checks.

Next, you and your child will be assessed for the permanent partner visa.

Tips for a Successful Partner Visa Application with Dependent Child

Bringing your child with you on your Australian migration journey is more than simply an emotional decision; it’s a legal and administrative process that must be well planned. Here is expert advice from our Principal Migration Agent to guarantee your application runs successfully.

1. Include your child in the initial application, if you can.

This proactive step not only simplifies the procedure but also puts you in control of the process. So, if the circumstances allow, include your dependent child in your initial partner visa application. This method saves the need to apply for a separate subclass 445 visa Australia, simplifies the procedure, and cuts down on wait periods.

However, if your child was not initially included due to inadequate custody documentation, timing, or location, do not worry. There is still a legal pathway through the 445 Visa Australia.

2. Understand the timing of the Subclass 445 visa.

Once you’ve received a temporary partner visa (subclass 309 or 820), your child can apply for a Subclass 445 visa. But timing is everything.

Engaging a professional ensures that these tasks are completed quickly and correctly, giving you the reassurance and confidence you need during this process.

3. Consent and custody are frequently the hardest parts.

Many applicants struggle not with visa applications, but with securing an agreement from the other biological parent. One of the most common causes for the delay or refusal of these applications is incomplete, complex, or missing consent.

We understand the challenges you may face and are here to guide you through them.

4. Form 1002 is more than just paperwork—it’s a strategy.

After your child receives the 445 visa Australia, use Form 1002 to add them to your permanent partner visa application.

But simply submitting the form isn’t sufficient. Your case must still demonstrate the child’s continued dependency, proper sponsorship, and relationship with both the applicant and the sponsor. Mistakes or missing evidence can cause a delay in your child’s permanent residency.

Why Work with ONEderland Consulting?

Partner visa applications with dependent children require a higher level of strategy and attention, particularly when:

• Obtaining consent from the other parent is challenging.
• The child is above 18 and still financially dependent.
• You failed to include the child in your first application.
• You have already been given a partner visa and wish to reunite with your child.

At ONEderland Consulting, we approach each case as our own. Our qualified migration agents understand the law—and the emotions—that underpin each application. We’ve successfully reunited hundreds of families by carefully managing each step, from the Partner Visa to the Subclass 445 visa and beyond.

Do not take chances with your child’s future. Allow the specialists to manage the complexities so you can focus on what is most important: your family.