What is the Definition of "Dependent Child" Under Australian Migration Law?

Suppose you are a parent supporting your children from a previous relationship and preparing to be sponsored for a visa, such as a Partner Visa. It is important not to miss the opportunity to include your children in your visa application.

According to clause 820.3 of Schedule 2 of the Migration Regulation 1994 (Cth), a dependent child of the primary applicant may be eligible for the visa, provided the child satisfies the following:

Is dependent on the primary applicant at the time of application.
Satisfies relevant public interest criteria (e.g., health and character requirements).

What is the definition of a ‘dependent child’?

Under Australian migration law, not every child qualifies as a “dependent child” for visa purposes. Whether a child can be included as a secondary applicant depends on the criteria set out in Regulation 1.03, Reg 1.05A and Reg 1.12 of the Migration Regulations 1994 (Cth).

In short, a child is considered dependent if they are:

Under 18 years of age; or
Between 18 and 23, and substantially reliant on their parents’ financial support; or
Over 23 and is incapable of working due to a physical or mental condition.

What About Children Above 18 years old?

Children aged 18 to 23 must demonstrate that they are not working full-time and rely on their sponsoring parent for daily living costs. Occasional support is not sufficient; the dependency must be substantial and ongoing. Evidence typically includes bank transfers, rent receipts, and proof of full-time education.

Children over 23 can only qualify if they have a condition that renders them unable to support themselves. Medical documentation is essential to support such claims.

Can the Child be in a Relationship?

This definition affects many visa subclasses, including Partner (subclass 820/801 or 309/100) visas, General Skilled Migration (GSM) (subclass 189/190/491) visas, Parent (subclass 103/143) visas, etc. All dependent children must be single, meaning they are not married, engaged to be married, or in a de facto relationship. If the department discovers that the dependent child was not dependent (as defined by the Migration Regulations) at the time of the application, they could face a notice of visa refusal/cancellation.

Applicants should carefully assess whether the child meets the relevant criteria and be prepared to provide supporting evidence if they decide to include the child in their application. Demonstrating financial dependence is crucial for older children, especially those over 18, and strong medical documentation will be essential for children with disabilities.

How Can Agape Henry Crux Help You?

Whether your child is an infant or a young adult, they may be eligible for PR under your visa, provided certain criteria are met. At Agape Henry Crux, reach out to one of our immigration lawyers for professional guidance. Our team of immigration lawyers works closely with two of our Accredited Specialists in Immigration Law to handle highly complex matters. You can book a Migration Planning Session with our team by calling 02-8310-5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. If these aren’t your language, we can also help you arrange an interpreter.

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.

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