Can I Include My Children from Overseas onto My Partner Visa Application (SC820/801 or SC309/100)?

Applying for an Australian partner visa aims to bring the overseas partner to build a life together in Australia. If you are applying for a Partner Visa (Subclass 820/801 or 309/100), you might be wondering whether you can include your overseas children from your previous relationship in the application as dependents.

What are the eligibility requirements for including your children as dependents?

If you are the primary applicant for a Partner Visa, you can generally include your children as your Member of Family Unit (MoFU) in your partner visa application, as long as they meet the following criteria:

The child must be your biological or adopted.
They must be under 18 years old, or if they are between 18 and 23, they must be financially dependent on you due to full-time study or other reasons, such as disability.
Children over 23 years old may be included if they are fully or substantially dependent on you for financial support.
The child must not be married, engaged, or in a de facto relationship.
The child must be included at the time of lodgement of your partner visa application.
The child must meet the health and character requirements. If your dependents don’t meet these criteria, your visa application may be refused, as it is a “one fail, all fail” policy.

If you are in Australia and your children are outside of Australia, you (as the primary applicant) will either have to travel offshore to be with the children to apply for an Offshore Partner Visa (SC309/100); alternatively, bring your children to Australia on a different visa and then apply for an Onshore Partner Visa (SC820/801) visa in Australia. Speak with an immigration lawyer if you require assistance to plan out and bring your children to Australia.

Be aware that your children’s visa does not have a No Further Stay condition 8503 attached, as that would prevent you and your children from applying for the partner visa. If condition 8503 is attached, reach out to one of our immigration lawyers for assistance. We can help you request a waiver.

However, suppose your children were born overseas from the current relationship between you and your partner, who was a citizen when the child was born. In that case, they may be eligible for citizenship by descent or a child visa.

How Can Agape Henry Crux Assist

Planning ahead and timing is important for a visa application, if you have any doubts or concerns, speak with one of our immigration lawyers at Agape Henry Crux. The team works closely with two of our Accredited Specialists in Immigration Law as they specialise in handling highly complex matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

Client Testimonials

….we call it Support Network

Navigating the immigration law process may be difficult, so our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.

These are their stories…

Featured Partner Visa Success Stories