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

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 parent’s financial support; or
Over 23 and is incapable to work due to a physical or mental condition.

What About Children Above 18 years old?

For applicants aged 18 to 23, it must be shown 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?

All dependent children must be single, meaning they are not married, engaged to be married or in a de facto relationship.

What are the Effects on Visa Applications if they do not meet the eligibility?

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., where the inclusion of a child as a secondary applicant depends on their dependency status. Failing to meet these dependency criteria may result in the child being refused the visa application, which could delay or complicate family migration plans.

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?

There are plenty of possible family visa pathways to bring their children from overseas. 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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