How to Navigate Dependents for Partner Visas?

One of the most rewarding aspects of applying for a Partner Visa (Subclass 820/801 or 309/100) is the opportunity to build a life together with your loved ones. If you have children living overseas or already in Australia, knowing the eligibility and the process to include them as dependents on your Partner Visa application is beneficial.

Can I Add My Child to My Partner Visa Application?

Yes, you can include members of the family unit (MoFU) in your Partner Visa application, provided the dependent(s) meet specific requirements, either:

when you initially apply for the visa, or
after it has been submitted, but before the visa has been decided.

How Do I Add My Child to My Partner Visa Application?

To include a dependent child, they must meet health and character requirements.

For an initial Partner Visa application, you can include your dependents’ details when you are completing the application form via ImmiAccount.
For a pending Partner visa application: If you are adding the dependent(s) to a pending visa application, before the Department of Home Affairs (DoHA) decides on your visa outcome. Your child must meet the visa requirements, and you will have to complete Form 1436 – Adding an additional applicant after lodgement.
For newborn children, the newborn child will follow the parent’s visa status. If your Partner Visa is still pending, you, as the applicant, have the responsibility to update the Department of the newborn and to be added to the application.

If any family member does not meet the visa requirement, you may face a “one fail, all fail” criterion. If you are worried about the visa criteria, speak with one of our Accredited Specialists in Immigration Law for tailored advice on how to address these visa issues.

If I’m Already Holding a Partner Visa (SC820/309), Can I Add My Child onto the Second Stage (SC801/100) Application?

Unfortunately, you are unable to apply for a Subclass 801/100 directly for your child as a dependent. However, you can apply for a Dependent Child Visa (Subclass 445). Once a child is granted SC 445, they can be added to your permanent Partner Visa (SC801/100) application using Form 1002 - Application by a subclass 445 dependent child for a permanent partner visa via ImmiAccount, provided the Partner Visa has not yet been decided by DoHA and the child meets the visa eligibility.

What if My Child is Over 18 Years Old?

Children over 18 years old can be included in your Partner visa application if they meet the dependency criteria, namely, those who are under 23 years old and dependent on the family head or due to an incapacity for work. The dependency criteria are determined by whether the child has been wholly or substantially reliant on the parent for financial support to meet their basic needs for food, clothing, and shelter for a period. Other forms of dependency may be where the child is incapacitated from working due to a disability and is unable to support themselves. Some additional documents you may have to prepare are:

Evidence of financial dependency
Medical assessments
Form 47A

How Can Agape Henry Crux Help You?

Including your dependent children in your Australian Partner Visa journey involves understanding the specific visa requirements and accurately demonstrating dependency. Speak with one of our immigration lawyers at Agape Henry Crux for professional advice and guidance for a smooth visa process. 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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