Adding a Newborn to a Partner Visa

Adding newborn to partner visa applications is simpler than most parents expect, but only once the right first question has been asked. That question is not "which form do I use?". It is "is our baby already an Australian citizen?". If the answer is yes, the baby is not added to the partner visa at all. If the answer is no, the rules on adding newborn to partner visa applications depend on where the baby was born and on how far the partner visa has progressed.

This guide explains the process after the baby is born. It covers citizenship by birth and by descent, how regulation 2.08 of the Migration Regulations 1994 works, the position for onshore Subclass 820 and Subclass 801 applications and offshore Subclass 309 and Subclass 100 applications, the documents the Department expects, health examinations, timing, the baby as relationship evidence, Medicare and travel. If you want the wider picture of the partner visa process first, our complete guide to partner visas in Australia explains every stage. If your situation already looks complicated, our partner visa lawyers can check it before you notify the Department.

Adding newborn to partner visa applications: the short answer

Adding newborn to partner visa applications is usually automatic in law, but the Department still needs to be told. Where the baby is not an Australian citizen and the parent's partner visa application has not yet been decided, regulation 2.08 provides that the baby is taken to have applied at birth for a visa of the same class as the parent, and that the baby's application is combined with the parent's application. The parent then notifies the Department of the birth and provides the baby's documents.

The process has four parts:

• Work out whether the baby is an Australian citizen by birth or eligible for citizenship by descent.
• If not, work out which visa application the baby has joined, or which visa the baby already holds under section 78 of the Migration Act 1958.
• Notify the Department of the birth, usually with Form 1022, and upload the baby's birth certificate and identity documents.
• Complete any health examinations the Department asks for, and keep the baby's documents with the rest of the partner visa file.

On adding newborn to partner visa applications, the most common mistake is to skip the first step. Many parents spend weeks preparing documents to add a baby who has been an Australian citizen since the day of birth. The Department's own policy for the Subclass 801 and Subclass 100 visas says that delegates usually do not have to consider children born of the partner relationship, for exactly this reason.

Is the baby an Australian citizen by birth?

A baby born in Australia is an Australian citizen by birth if at least one parent was an Australian citizen or an Australian permanent resident at the time of the birth. This rule comes from section 12 of the Australian Citizenship Act 2007. In most partner visa cases the sponsor is an Australian citizen or permanent resident, so a baby born in Australia to the couple is usually a citizen from birth.

That is the first point to confirm when thinking about adding newborn to partner visa applications. A citizen does not need a visa, cannot be granted one, and should not be added to a visa application. The partner visa continues for the visa applicant parent alone.

Born in Australia to an Australian citizen or permanent resident parent

If the baby was born in Australia and the sponsor (or the other parent) was an Australian citizen or permanent resident on the day of the birth, the baby is an Australian citizen. Nothing about adding newborn to partner visa applications applies. Instead, the parents should obtain evidence of the baby's citizenship and tell the Department about the birth so that the family composition on the partner visa file is correct.

Evidence of citizenship for an Australian-born child usually means a full birth certificate together with evidence of the parent's citizenship or permanent residence at the time of the birth, an Australian citizenship certificate, or an Australian passport. The Department's own guidance on confirming citizenship lists these as acceptable evidence for a person born in Australia on or after 20 August 1986.

Born in Australia to two parents who are not citizens or permanent residents

If neither parent was an Australian citizen or permanent resident at the time of the birth, the baby is not a citizen by birth under the general rule. This happens, for example, where the sponsor is an eligible New Zealand citizen who is not an Australian permanent resident, or where both parents are temporary visa holders. In that situation, adding newborn to partner visa applications becomes the main task, and the rest of this guide applies.

Section 12 also contains a separate rule for a child born in Australia who is ordinarily resident in Australia for the first ten years of life. That rule does not help a newborn, and it should never be relied on as a reason to leave a baby without a visa.

Born overseas to an Australian citizen sponsor

A baby born outside Australia to an Australian citizen parent is not automatically an Australian citizen, but is generally eligible to apply for Australian citizenship by descent. The Department's Subclass 100 policy states this directly. Citizenship by descent requires an application, and it is decided separately from the partner visa.

For a Subclass 309 applicant who gives birth overseas, this is often the better path. Once the baby is registered as an Australian citizen by descent, there is nothing left to do on adding newborn to partner visa applications for that child. The baby can then travel to Australia as a citizen on an Australian passport. Citizenship by descent depends on the parent being an Australian citizen at the time of the birth. A sponsor who is a permanent resident but not a citizen cannot pass on citizenship by descent.

Why a citizen baby is never added to the partner visa

A baby who is an Australian citizen is not a non-citizen, so the Migration Act 1958 visa framework does not apply to them. Regulation 2.08 operates on a child who needs a visa. The Department's Subclass 801 and Subclass 100 policies both say that regulation 2.08 adds a newborn child to the application "unless the child became an Australian citizen at birth, which will often be the case". Adding newborn to partner visa applications is therefore only relevant to non-citizen babies.

How regulation 2.08 works when adding newborn to partner visa applications

Regulation 2.08 provides that a child born to a visa applicant after the application is made, but before it is decided, is taken to have applied at birth for a visa of the same class as the parent, and to have combined that application with the parent's application. It is the legal engine behind adding newborn to partner visa applications.

The application must still be undecided

Regulation 2.08 only applies while the parent's application is undecided. The Department's policy explains that "decided" means the point at which a primary decision is made to grant or refuse the visa. A baby born after a primary decision has already been made on that application is not taken to have applied for it.

This is why timing matters so much in adding newborn to partner visa applications. A partner visa is made as two linked applications: the temporary visa (Subclass 820 or Subclass 309) and the permanent visa (Subclass 801 or Subclass 100). The temporary stage is often decided long before the permanent stage. A baby born between the two decisions can still join the permanent application under regulation 2.08, but not the temporary one.

No separate application form is normally needed

Because the baby is taken to have applied by operation of law, the baby does not need to complete the Schedule 1 validity requirements or lodge a separate visa application form. The Department's policy is that the parent should notify the birth using Form 1022 and provide a birth certificate for the child. Our guide to Form 1022 and when to lodge a change of circumstances explains how that form works more generally.

A separate form called Form 1436 is used to ask for an existing dependent child to be added to a temporary partner visa application under regulation 2.08B. That is a request process for children who were already born at lodgement. It is not the usual path for adding newborn to partner visa applications. Children who already existed when the application was made are covered in a separate guide in this series.

Adopted children are not covered

Regulation 2.08 only applies to children born to the visa applicant. The Department's policy confirms that it does not apply to adopted children. Where a couple adopts a child during a partner visa application, different provisions apply and advice should be obtained before the Department is told anything.

The baby is a visa applicant in their own right

A child who is taken to have applied under regulation 2.08 is part of a combined application, but is also an applicant in their own right. The baby must meet the secondary criteria for the visa, including the health criterion. On adding newborn to partner visa applications, that means the baby's documents and examinations have to be completed properly, even though the baby's position usually follows the parent's.

Adding newborn to partner visa applications made in Australia

For onshore couples, adding newborn to partner visa applications depends on whether the baby is born before or after the Subclass 820 visa is granted. The Subclass 820 visa is the temporary stage, and the Subclass 801 visa is the permanent stage. Our guide to Subclass 820 vs Subclass 801 explains how the two stages fit together.

Baby born before the Subclass 820 decision

If a non-citizen baby is born in Australia before the Subclass 820 decision is made, the baby is added to the Subclass 820 application and the Subclass 801 application at the same time. The Department's Subclass 801 policy states this directly. When the Subclass 820 visa is later granted to the parent, the baby can be granted a Subclass 820 visa as a secondary applicant, provided the baby meets the secondary criteria.

This is the cleanest scenario for adding newborn to partner visa applications. The baby travels with the parent through both stages. The parent needs to notify the birth, provide the documents and complete the baby's health examinations when the Department asks.

Baby born after the Subclass 820 visa is granted

If a non-citizen baby is born in Australia after the parent's Subclass 820 visa is granted, two rules operate together. Section 78 of the Migration Act 1958 provides that the baby is taken to hold a Subclass 820 visa from birth, because the parent holds one. Regulation 2.08 adds the baby to the parent's Subclass 801 application, which is still undecided.

The Department's policy on the Subclass 801 visa sets this out clearly. It also explains that a family member who has not completed immigration medical examinations at the Subclass 820 stage, for example because the child was born after the temporary visa was granted, will need to complete them at the permanent stage. On adding newborn to partner visa applications at this point, the practical tasks are notifying the birth, providing documents and completing the health examinations the Department requests.

The baby's bridging visa

A baby born in Australia to a parent who holds a bridging visa is also treated as a bridging visa holder. Section 78 provides that a child born in Australia to a non-citizen who holds a visa is taken to have been granted a visa of the same kind, on the same terms and conditions. If both parents hold visas at the time of the birth, the child will hold two visas.

The Department's bridging visa policy also explains that a child born to a person with an undecided bridging visa application is taken to have applied for that bridging visa under regulation 2.08, and for any undecided substantive visa as well. For most onshore applicants waiting for a Subclass 820 decision, this means the baby holds a Bridging visa A on the same terms as the parent. Our guide to bridging visas in Australia explains the different classes, and our article on working while waiting for a Subclass 820 visa explains the conditions that usually attach.

When the parent did not hold a substantive visa at lodgement

Some onshore applicants lodged without a substantive visa and had to satisfy the Schedule 3 criteria. Their baby, if not a citizen, joins the application under regulation 2.08 in the same way. A child born into the relationship can also be relevant to whether there are compelling reasons not to apply the Schedule 3 criteria to the parent. Our Schedule 3 waiver service and our guide to the Schedule 3 partner visa waiver explain that issue. On adding newborn to partner visa applications in Schedule 3 matters, the birth should be reported promptly and the evidence linked to the waiver submissions.

Adding newborn to partner visa applications made outside Australia

For offshore couples, adding newborn to partner visa applications depends on where the baby is born and whether the Subclass 309 visa has already been granted. The Subclass 309 offshore partner visa is the provisional stage, and the Subclass 100 visa is the permanent stage.

Baby born before the Subclass 309 decision

If the baby is born before the Subclass 309 application is granted or refused, regulation 2.08 adds the baby to the Subclass 309 application by operation of law. The Department's Subclass 309 policy states that the child is taken to have combined their application with the parent's application, so the secondary criterion requiring a combined application is satisfied. This applies whether the baby is born overseas or in Australia.

On adding newborn to partner visa applications at this stage, the first question is still citizenship. If the sponsor is an Australian citizen, the baby born overseas is generally eligible for citizenship by descent, and many families choose that path instead. If the sponsor is a permanent resident or an eligible New Zealand citizen who is not a citizen, citizenship by descent is not available and the baby proceeds as a Subclass 309 secondary applicant.

Baby born in Australia to a Subclass 309 holder

A Subclass 309 holder who has already travelled to Australia and gives birth here is in a similar position to an onshore applicant. If the sponsor is an Australian citizen or permanent resident, the baby is a citizen by birth. If not, section 78 provides that the baby is taken to hold a Subclass 309 visa, and regulation 2.08 adds the baby to the undecided Subclass 100 application. The Department's Subclass 100 policy confirms both points.

Baby born overseas after the Subclass 309 is granted

A baby born overseas after the parent's Subclass 309 visa is granted does not receive a Subclass 309 visa under section 78, because section 78 only applies to a child born in Australia. The Department's Subclass 309 policy says that a dependent child who was not included in, or added to, the Subclass 309 application before grant may be sponsored later for a Subclass 445 (Dependent Child) visa, before the Subclass 100 visa is granted.

The Department's Subclass 100 policy adds a further point. To be granted the Subclass 100 visa as a secondary applicant, a child must hold a Subclass 309 visa or a Subclass 445 visa at the time of decision, under clause 100.321. In practice, if the parent already holds a Subclass 309 visa, the child will need a Subclass 445 visa to be eligible for the Subclass 100 visa. This is the most important timing trap in adding newborn to partner visa applications made offshore.

How the Subclass 445 holder joins the Subclass 100 application

Once the baby holds a Subclass 445 visa, the Department's policy describes two ways to add the child to the parent's Subclass 100 application. The parent can make a written request under regulation 2.08A, or the child can apply using Form 1002, which the Department treats as that written request. The Department's policy states that there is no visa application charge for a Subclass 445 holder applying for the Subclass 100 visa.

The same structure applies at the onshore permanent stage for a child who needs a Subclass 445 visa to reach the Subclass 801 visa. For most onshore families, however, section 78 gives an Australian-born baby a Subclass 820 visa, so the Subclass 445 route is more often relevant offshore. Adding newborn to partner visa applications after an offshore grant should therefore always start with a check of where the baby was born and which visa, if any, the baby already holds.

The steps for adding newborn to partner visa applications

The practical steps for adding newborn to partner visa applications are the same in most cases: notify the Department, provide the baby's identity documents, complete any health examinations and keep the file consistent. Each step is explained below.

Step 1: notify the Department under section 104

Section 104 of the Migration Act 1958 requires a visa applicant to notify the Department, as soon as practicable, of changes in circumstances relating to the information in the application. The birth of a child after lodgement is one of those changes. The Department's policy on the Subclass 100 visa specifically mentions births as a change in family composition that must be notified.

Notification is usually made with Form 1022 through ImmiAccount. Our guide to creating an ImmiAccount explains the account setup. The notification should give the baby's full name, date and place of birth, and the baby's relationship to both parents. It should also state clearly whether the parents consider the baby to be an Australian citizen, so the Department does not treat a citizen as a visa applicant.

Step 2: provide a full birth certificate naming both parents

A full birth certificate is the central document in adding newborn to partner visa applications. It should be the full version issued by the registry in the place of birth, showing the baby's name, date and place of birth, and the names of both parents. A commemorative or short-form certificate does not show parentage and is not suitable.

Where the birth certificate names only one parent, or where the names do not match the names in the partner visa application, the difference needs to be explained. Name differences often arise from transliteration, married names or registry errors. If a birth certificate is in a language other than English, a translation is needed. Our partner visa document checklist explains the Department's general approach to identity and translated documents.

Step 3: obtain a passport for the baby where needed

On adding newborn to partner visa applications, a baby who is not an Australian citizen will usually need a passport from the country of a parent's citizenship. The passport is needed for any travel, and the Department will need the baby's travel document details to record the visa grant. Parents should apply to their own country's embassy or consulate, which has its own requirements for newborns.

A baby who is an Australian citizen does not need a foreign passport for the partner visa, because the baby is not part of it. If that baby is going to travel, the family will need an Australian passport for the child. Some families also obtain a passport from the other parent's country where that country recognises dual citizenship. That is a question for the other country's law.

Step 4: complete the baby's health examinations

A baby who joins a partner visa application must satisfy the health criterion in the same way as any other applicant. The Department will usually issue health examination instructions for the baby through ImmiAccount once it has been told about the birth. The Department's Subclass 801 policy confirms that a child born after the temporary visa was granted, and included as a dependent on the permanent visa, will need to complete immigration medical examinations at the permanent stage.

The Department has separate guidance on managing the health requirement for newborns in Australia. Parents should wait for the Department's instructions for the baby, follow them exactly, and keep the reference numbers. Adding newborn to partner visa applications is often delayed simply because the baby's health examinations were never booked after the Department asked.

Step 5: keep the family composition consistent

When adding newborn to partner visa applications, the baby's details should be consistent across every document the Department holds: the Form 1022, the birth certificate, any updated forms, and the relationship evidence. If the couple later completes a Form 80 or other personal particulars form, the baby should be listed correctly as a child of the applicant. Inconsistent family details are one of the issues that lead to a section 56 request for more information, and occasionally to a section 57 natural justice letter.

What about the sponsor?

The sponsor is part of adding newborn to partner visa applications even though the sponsor does not apply for a visa. A secondary applicant under the Subclass 820 visa must be included in the sponsorship, where there is one. The Department may therefore ask the sponsor to confirm details about the child. If the sponsor is not the baby's other parent, or there are concerns about the sponsor's history, the position is more complex. Our page on partner visa sponsorship limitations and our guide to when a sponsor cannot sponsor a partner visa explain the rules that protect children in partner visa matters.

Timing: adding newborn to partner visa applications before and after a decision

The timing of the birth relative to each decision decides how adding newborn to partner visa applications works. The key line is the primary decision on each application, not the date of notification.

Before any decision

If the baby is born before either stage is decided, regulation 2.08 adds the baby to both the temporary and permanent applications. This is the simplest position. Notify the birth promptly so the Department can include the baby in the temporary visa decision, rather than granting the parent's visa first and leaving the baby's position to be finished later.

After the temporary visa is granted

If the baby is born after the temporary visa is granted but before the permanent visa is decided, the baby joins the permanent application under regulation 2.08. Whether the baby can be granted the permanent visa then depends on what visa the baby holds:

• A baby born in Australia to a Subclass 820 or Subclass 309 holder holds the same visa under section 78, which supports the later permanent grant.
• A baby born overseas after a Subclass 309 grant does not hold a Subclass 309 visa and will generally need a Subclass 445 visa before the Subclass 100 decision.

Our article on Subclass 820 visa processing times and our guide to how long the onshore partner visa takes explain why many babies are born during the long wait between the two stages.

After the permanent visa is granted

Once the parent's permanent visa has been granted, the partner visa process is finished and adding newborn to partner visa applications is no longer possible. A baby born after that point is usually an Australian citizen by birth if born in Australia, because the parent is now a permanent resident. A baby born overseas after the permanent grant is not a citizen by descent through that parent unless the parent is a citizen, so a separate child visa may be needed. That situation needs its own advice.

After a refusal and during Tribunal review

A baby born after the partner visa has been refused is not taken to have applied under regulation 2.08, because the application has already been decided. The Department's bridging visa policy confirms this. If the parent holds a bridging visa during a Tribunal review, the baby born in Australia is taken under section 78 to hold the same bridging visa.

If the Administrative Review Tribunal later remits the matter to the Department, the application becomes undecided again. The Department's policy explains that at that point the child is taken to have applied at the time of birth. This makes adding newborn to partner visa applications possible again after a successful review. Review deadlines are short and strictly applied, so any refusal must be acted on immediately. Our guides to partner visa refused appeal options and what to expect at an ART review explain the process, and our partner visa refusals service acts in these matters.

Adding newborn to partner visa evidence: the baby and your relationship

A child of the relationship is significant evidence that a couple has a genuine and continuing commitment to a shared life. The Department assesses four aspects of the relationship: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. A baby can be relevant to all four.

How the baby fits within the four assessed aspects

• Financial aspects: shared costs of pregnancy, birth and childcare, joint purchases for the baby, and changes to household budgets.
• Nature of the household: living together as a family, shared care of the baby and the division of household responsibilities.
• Social aspects: the birth announced to family and friends, visits from relatives, and the baby being presented to others as the couple's child.
• Nature of the commitment: the decision to raise a child together, both parents named on the birth certificate, and plans for the child's future.

Our guide to partner visa relationship evidence and our article on preparing evidence of a genuine relationship explain how each aspect is assessed. A short update to the partner visa relationship statement, and where useful a Form 888 from a family member or friend who knows the family, can place the birth in context.

What the baby does not change

A baby born after lodgement does not change the facts at the time of application. Several partner visa criteria are assessed at that earlier time. For example, the Subclass 100 visa can be granted without the usual waiting period where the couple was in a long-term partner relationship at the time of application, which is a relationship of at least three years, or at least two years where there is a dependent child of both the applicant and the sponsor. A baby born after lodgement does not bring the application within that rule, because the child did not exist when the application was made.

Similarly, a baby does not cure a problem with the de facto 12-month requirement at lodgement or replace evidence the couple should already have provided. Adding newborn to partner visa evidence strengthens the current picture of the relationship. It is not a substitute for a well-prepared original application.

Tribunal decisions involving children of the relationship

Several partner visa decisions in which the Tribunal remitted the matter to the Department record a child of the relationship as part of the issues considered. In Kaur (Migration) [2022] AATA 1221, a Subclass 309 matter, the recorded issues were that the parties had a child together, were validly married and were in a genuine spousal relationship. In Le (Migration) [2023] AATA 3496, a Subclass 820 matter, the recorded issues included the four assessed aspects of the relationship and a young Australian citizen child. In Cabezas (Migration) [2024] AATA 2792, a Subclass 820 matter, the recorded issues included the genuine and continuing relationship, financial documents, the child's Australian citizenship by descent and joint care for children. Each decision turned on its own evidence, and none of them means that a child decides a case.

Medicare and other practical steps after the birth

Medicare enrolment for a newborn is handled by Services Australia, not the Department of Home Affairs, and the baby's eligibility depends on the baby's citizenship or visa position. A baby who is an Australian citizen is generally eligible for Medicare. For a non-citizen baby, eligibility depends on the visa the baby holds or has applied for, and Services Australia decides it.

Many parents complete newborn paperwork at the hospital, which can start Medicare enrolment and birth registration. Parents should keep copies of everything and check that the baby's name is spelled the same way on the birth registration, the Medicare record and the Form 1022. Adding newborn to partner visa applications goes more smoothly when every record uses the same name and date of birth.

Alongside adding newborn to partner visa applications, other practical steps after the birth usually include:

• Registering the birth with the registry in the state or territory where the baby was born, and ordering the full birth certificate.
• Confirming citizenship by birth or applying for citizenship by descent, where relevant.
• Applying for the baby's passport where travel is likely.
• Updating the Department about any change of address that came with the birth.

Travelling with a newborn during a partner visa application

Travel with a newborn during a partner visa application should be planned around the baby's own status, not only the parent's. A baby who is an Australian citizen should travel on an Australian passport. A baby who is not a citizen travels on the visa the baby holds, and that visa may not allow return to Australia.

Onshore applicants on a bridging visa

A baby born in Australia to a parent on a Bridging visa A is taken to hold a Bridging visa A. A Bridging visa A ceases if the holder leaves Australia. Before travelling, both the parent and the baby need a Bridging visa B, granted for the same application, and both must return within the travel facility period. Adding newborn to partner visa records first makes this easier, because the Department needs to know the baby exists before it can grant the baby a Bridging visa B.

Subclass 820 and Subclass 309 holders

A baby who holds a Subclass 820 or Subclass 309 visa under section 78 holds the same kind of visa as the parent, on the same terms. Once adding newborn to partner visa records is complete, families should still check the baby's visa record before any travel, and should not assume that travel arrangements for the parent automatically cover the baby.

Babies born overseas

A baby born overseas who is not yet an Australian citizen and does not hold an Australian visa cannot simply travel to Australia with the parent. Either citizenship by descent must be obtained first, or the baby must be granted a visa, for example by being included in the Subclass 309 grant or by obtaining a Subclass 445 visa. Adding newborn to partner visa applications offshore should be completed before the family books flights.

Common mistakes when adding newborn to partner visa applications

The most common mistakes when adding newborn to partner visa applications come from skipping the citizenship question or misreading the timing. The mistakes that cause the most trouble are:

• Trying to add a baby who is already an Australian citizen by birth.
• Assuming a baby born overseas to an Australian citizen sponsor is automatically a citizen, without applying for citizenship by descent.
• Not notifying the Department of the birth, in breach of section 104, and leaving the baby off the temporary visa decision.
• Providing a short-form birth certificate that does not name both parents.
• Booking travel before the baby holds a visa that allows return, or before a Bridging visa B is granted to the baby.
• Not completing the baby's health examinations after the Department asks.
• Assuming a baby born overseas after a Subclass 309 grant will receive the Subclass 100 visa without a Subclass 445 visa.
• Treating the birth as a reason not to update the rest of the relationship evidence.

Each of these mistakes in adding newborn to partner visa applications can delay the partner visa for the whole family. Some of them, such as an incomplete response to a Department request, can contribute to a refusal. Our guides to why partner visas get refused and why Subclass 820 partner visas are refused explain the issues that usually cause trouble.

Special situations in adding newborn to partner visa applications

Some families face issues that go beyond the standard steps. These need careful handling.

The relationship ends after the birth

If the relationship ends after the baby is born, the visa applicant parent may still be able to continue in some circumstances, including where there is a child of the relationship and the applicant has custody or other parental responsibility, or where family violence has occurred. Our article on what happens if the relationship breaks down during a Subclass 820 application explains the position, and our family violence partner visa lawyers act in those matters. The baby's own status should be checked at the same time.

The sponsor is not the baby's parent

Where the baby's other parent is not the sponsor, the baby's citizenship depends on the status of the baby's actual parents, not the sponsor. That can change the answer to the citizenship question and raise parental responsibility questions for the visa. On adding newborn to partner visa applications in that situation, advice is needed before notifying the Department.

Same-sex couples

Same-sex couples follow the same rules on adding newborn to partner visa applications. Citizenship by birth depends on the legal parentage recorded for the child. Where parentage depends on surrogacy, donor conception or a parentage order, the documents can be more complex. Our LGBTI partner visa page explains how we act for same-sex couples.

Prospective Marriage visa holders

A Subclass 300 Prospective Marriage visa holder who gives birth in Australia before marrying and lodging the onshore partner visa is in a different position. Section 78 may give the baby the same visa as the parent, but the baby's path into the later Subclass 820 application needs to be checked carefully.

When to get advice on adding newborn to partner visa applications

Advice is most useful as soon as the baby is born, before the Department is notified, because the correct notification depends on the baby's citizenship and the stage of the application. Advice is also useful where the baby was born overseas, where the temporary visa has already been granted, where the family plans to travel, or where there has been a refusal.

If you lodged the application yourself, our article on hiring an immigration lawyer after visa lodgement explains how a lawyer can step in, and our guide to Form 956 and 956A explains how a representative is appointed. Our article on getting a second opinion from an immigration lawyer explains what a review of your file involves. If you are deciding whether you need help at all, see when you need an immigration lawyer for a partner visa, our guide to choosing a partner visa lawyer in Australia, our comparison of a partner visa lawyer and doing it yourself, and our factual guide to a partner visa migration agent or lawyer. Our article on booking an immigration lawyer consultation explains what to prepare, and urgent immigration lawyer advice explains what to do when travel or a decision is close.

Where My Migration Lawyers acts on partner visa matters

My Migration Lawyers acts for partner visa families across Australia, with consultations by video. Couples can find our local partner visa pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Where a family's visa questions go beyond the partner visa, our general immigration pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta explain our wider practice. Couples comparing representatives may find our guide on how to choose a partner visa lawyer in Australia useful. More of our partner visa writing is on the My Migration Lawyers blog, and our immigration lawyers Australia home page lists all our practice areas.

How My Migration Lawyers helps with adding newborn to partner visa applications

My Migration Lawyers acts in many partner visa matters where a baby is born during the application, and adding newborn to partner visa applications is a regular part of that work. Some of these matters are straightforward. Many are complex: babies born overseas after a Subclass 309 grant, families where neither parent is a citizen or permanent resident, Schedule 3 matters, families planning travel, and families where the application has been refused and is under Tribunal review. The firm deals with complex cases as a regular part of its partner visa practice and is capable of handling them.

When a client tells us a baby has been born, the firm first confirms the baby's citizenship position from the parents' status on the date of birth and the place of birth. Where the baby is a citizen, the firm notifies the Department of the birth so the family composition is correct, and explains how to obtain evidence of the baby's citizenship. Where the baby is eligible for citizenship by descent, the firm explains that path and how it interacts with the Subclass 309 application.

Where the baby is not a citizen, the firm identifies which application the baby has joined under regulation 2.08 and which visa, if any, the baby holds under section 78. The firm prepares and lodges the Form 1022 notification, checks the full birth certificate and passport details, tracks the baby's health examination instructions, and updates the relationship evidence so that the birth is presented accurately within the four assessed aspects. Where a Subclass 445 visa is needed before the permanent grant, the firm plans that application early so the family's permanent visa is not delayed. Where travel is planned, the firm advises on Bridging visa B applications for both parent and baby before anyone leaves.

Our work is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see our partner visa lawyers page, review our Subclass 820 partner visa guide, or send us a message through our contact page. Where a refusal affects other visas held by the family, our visa refusals practice can also assist.

If your baby has just been born and you are unsure about adding newborn to partner visa applications, check the position before you notify the Department or book travel. Book a consultation or call 1300 040 300.