Adding Children to a Partner Visa

Adding child to partner visa applications is possible, and for most families it is straightforward, but only if the child meets the legal definition of a dependent child and the right paperwork is in place. Parents often ask whether adding child to partner visa applications must happen at lodgement or whether a child can join later. The answer depends on which stage of the partner visa is still undecided, the child's age and dependency, and whether the other parent consents. Getting any of these wrong can delay the whole family's visa, and in some cases it can cause the main applicant's visa to be refused.

This guide explains adding child to partner visa applications for the onshore Subclass 820 and Subclass 801 partner visa, the offshore Subclass 309 and Subclass 100 partner visa, and the related position for engaged couples on the Subclass 300 Prospective Marriage visa. It covers who counts as a dependent child, stepchildren, adding a child at lodgement and after lodgement, custody and consent, evidence, health and character checks, non-migrating children, Australian citizen children and what happens when a child turns 18 or 23 during processing. For the full picture of the partner visa process, our complete guide to partner visas in Australia is the best starting point, and our partner visa lawyers can review your family's position before you lodge.

Can you add a child to a partner visa application?

Yes. A dependent child of the partner visa applicant, or of the applicant's partner, can be included in the partner visa application as a secondary applicant. Adding child to partner visa applications is built into the Migration Regulations 1994. The combined application rules for the Subclass 820 visa and the Subclass 309 visa allow a family member to apply at the same time and place as the main applicant, and further regulations allow a child to be added after lodgement in defined circumstances.

The child must meet three basic requirements:

• The child must be a dependent child, or for some visas a member of the family unit, at the time of application.
• The sponsorship must include the child.
• The main applicant's relevant visa must still be undecided when the child is included or added.

The child then becomes a secondary applicant. The secondary applicant does not have to prove a partner relationship. Instead, the child must show the family relationship, dependency where the child is 18 or over, custody and consent where the child is under 18, and health and character clearance. The child is generally granted the visa only after, or at the same time as, the main applicant.

There is one important limit. The child is included because of the parent, so adding child to partner visa applications does not give the child a separate path if the parent's application is refused. If the main applicant is refused, the child is refused too, because the child cannot meet the secondary criteria without a parent who holds the visa.

Who counts as a dependent child for a partner visa?

A dependent child is a child or step-child of the person who is not married, engaged or in a de facto relationship, and who is either under 18, or 18 or over and dependent on that person. This definition in regulation 1.03 of the Migration Regulations is the starting point for adding child to partner visa applications. For a child under 18, age is enough. For a child aged 18 or over, dependency must be proved.

Adding child to partner visa applications for children under 18

A child under 18 who is not married, engaged or in a de facto relationship is a dependent child without any further test. The parent does not need to prove financial dependency. However, the parent must still prove the family relationship, usually with a full birth certificate naming both parents, and must deal with custody and consent, which is explained below.

Adding child to partner visa applications for children aged 18 or over

A child aged 18 or over is a dependent child only if the child is dependent on the parent under regulation 1.05A. That regulation sets two alternative tests. The first is financial. The child must be, and must have been for a substantial period immediately before the relevant time, wholly or substantially reliant on the parent for financial support for basic needs of food, clothing and shelter, and that reliance must be greater than any reliance on any other person or source. The second applies where the child is wholly or substantially reliant on the parent for financial support because the child is incapacitated for work due to the total or partial loss of bodily or mental functions.

The financial test is stricter than many families expect. Living at home is not enough on its own. Studying is not enough on its own. Occasional money transfers are not enough on their own. The question is whether the parent actually meets the child's basic needs, and has done so for a substantial period. Our guide to preparing evidence of a genuine relationship explains how the Department reads documents generally, and the same disciplined approach applies to dependency evidence.

Children who are married, engaged or in a de facto relationship

A child of any age who is married, engaged to be married or in a de facto relationship is not a dependent child and is not a member of the family unit. That child cannot be included in the partner visa, even if the child is under 18 or financially reliant on the parent. The child would need to consider a visa in their own right.

Member of the family unit and the age limit of 23

For the Subclass 309 visa, and for certain Subclass 820 applicants who hold or held a Subclass 300 visa, the child must also be a member of the family unit, which generally stops at 23. On the question of adding child to partner visa applications offshore, this second definition matters a great deal.

Regulation 1.12 provides that a child or step-child of the family head, or of the family head's spouse or de facto partner, is a member of the family unit if the child is not engaged or partnered and:

• has not turned 18; or
• has turned 18 but has not turned 23, and is dependent on the family head or the family head's partner; or
• has turned 23 and is dependent under paragraph 1.05A(1)(b), which is the incapacity limb.

So, when adding child to partner visa applications for the Subclass 309 visa, a child aged 23 or over who is financially dependent but not incapacitated for work is not a member of the family unit and cannot be included. A child aged 18 to 22 must prove dependency. A child of any age who is incapacitated for work and wholly or substantially reliant on the parent for that reason can be included.

The onshore Subclass 820 visa uses a slightly different test. Clause 820.311 requires the secondary applicant to be a dependent child of a person who applied for a Subclass 801 visa, or a member of the family unit of a primary applicant who holds or held a Subclass 300 visa. The dependent child definition does not contain the same age 23 limit, but dependency for a child aged 18 or over must still be proved. Because this distinction is technical, adding child to partner visa applications for an older child should always be checked against the exact clause for the visa being applied for.

An ART decision recorded in our database shows how this issue arises in practice. In 2421153 (Migration) [2025] ARTA 2911, a Subclass 309 matter, the reported issue concerned an adult child secondary applicant whose younger siblings had been granted visas, and whether the child was a dependent member of the family unit at age 23 or older at the time of application. The Tribunal remitted the matter. The case shows that the age and dependency position at the time of application can decide whether one sibling is included when others are not.

Can you add a stepchild to a partner visa?

Yes. A step-child of the applicant, or a child of the sponsor who is a step-child of the applicant, can be included if the step-child meets the dependent child or member of the family unit definition. Adding child to partner visa applications therefore covers children from a previous relationship of either partner, not only biological children of the couple.

There are two common situations:

• The applicant has a child from a previous relationship, and that child will migrate with the applicant. This is the most common situation for adding child to partner visa applications.
• The sponsor has a child who is not an Australian citizen or permanent resident, and that child is living with the couple. The child may be included as the applicant's step-child where the legal definitions are met.

The Department's form guidance explains that a step-child includes a child of the applicant's current partner, and in limited cases a child of a former partner where the child is under 18 and the applicant has legal responsibility for the child, for example after the former partner has died and the applicant holds a custody order. In that situation, a certified copy of the court order should be provided.

Stepchildren raise the custody question more often than biological children of the couple, because there is usually another parent overseas. That other parent's consent, or a court order, is often the single most important document in adding child to partner visa applications involving a stepchild.

Adding child to partner visa applications at lodgement

The simplest way of adding child to partner visa applications is to include the child in the original combined application at lodgement. Paragraph 1214C(3)(f) of Schedule 1 allows a person claiming to be a dependent child of a Subclass 820 applicant to apply at the same time and place as, and combined with, the parent. Paragraph 1220A(3)(d) does the same for a member of the family unit of a Subclass 309 applicant.

In the online partner visa form in ImmiAccount, the child is added as a family member included in the application. The child is included in the Subclass 820 and Subclass 801 applications together, or the Subclass 309 and Subclass 100 applications together. Our guide to creating an ImmiAccount explains the account setup, and our partner visa document checklist sets out what should be ready before lodgement.

The sponsor must also include the child in the sponsorship. Clause 820.311(b) and the equivalent Subclass 309 secondary criteria require the sponsorship to include the secondary applicant. If the sponsor completes the sponsorship form without listing the child, that should be corrected promptly.

Including the child at lodgement is the safest approach to adding child to partner visa applications, and it has practical advantages:

• The child's custody, dependency and identity evidence is assessed with the rest of the family from the start.
• Health examinations and police certificates can be arranged together.
• There is no later request, no further form and no risk that the main applicant's stage is decided before the child is added.
• The child's position at the time of application is fixed on the lodgement date, which matters for a child approaching 18 or 23.

That last point is often overlooked. Because dependency and family unit membership are tested at the time of application, lodging before a child's 23rd birthday can be the difference between a child who can be included and a child who cannot. Adding child to partner visa applications should therefore be planned around birthdays where an older child is involved.

Applicants who lodge onshore with a child

For an onshore Subclass 820 application, the child must also be in Australia, but not in immigration clearance, when the application is made. Paragraph 1214C(3)(c) applies that location rule to all applicants. A child who is overseas cannot be included in the onshore application at lodgement.

The child's own immigration status also matters when adding child to partner visa applications onshore. Clause 820.312 applies to a secondary applicant who does not hold a substantive visa at the time of application. That child must satisfy Schedule 3 criteria 3001, 3003 and 3004, unless there are compelling reasons for not applying those criteria. Our article on the Schedule 3 criteria for partner visa applicants explains those criteria, and our Schedule 3 waiver service acts where a family member is unlawful or holds only a bridging visa.

Each family member who lodges onshore while holding a substantive visa may receive a bridging visa with the application. Our guide to the Bridging visa A explains how that bridging visa works for partner visa applicants. Families who came to Australia as visitors should first read our article on moving from a tourist visa to a partner visa in Australia, because a no further stay condition on a child's visa can affect the child's ability to apply onshore. Our article on condition 8503 and the Subclass 820 visa explains that issue.

Adding child to partner visa applications after lodgement

A dependent child can usually be added after lodgement by written request, but which regulation applies depends on whether the temporary or permanent stage is still undecided. On adding child to partner visa applications after lodgement, the Migration Regulations draw a sharp line between the first stage and the second stage of the partner visa.

Adding child to partner visa applications before the first stage is decided: regulation 2.08B

If the main applicant's Subclass 820 or Subclass 309 application has not yet been decided, regulation 2.08B allows a dependent child, and only a dependent child, to be added at the applicant's written request, provided the requirements of the regulation are met. The Department's policy for the Subclass 820 visa says this may be done by completing and attaching Form 1436, Adding an additional applicant after lodgement, in ImmiAccount. The Subclass 309 policy takes the same approach, and confirms that a child added this way is taken to have combined the application with the parent's, so the secondary criteria can be met.

Once the child is added, the child is assessed in the same way as a child included at lodgement. The custody, dependency, health and character requirements all apply. The additional applicant charge set by the Department also applies. Because the Department's charges change, check the current figure on the Department's website before you request the addition.

An onshore family should remember that the location rules still apply. A child added to an onshore application must meet the validity requirements that apply to the child, including being in Australia. For an offshore application, the child is usually outside Australia.

Adding child to partner visa applications after the first stage is granted: regulation 2.08A

If the main applicant has already been granted the Subclass 820 or Subclass 309 visa, adding child to partner visa applications becomes more involved, because the child can no longer be added to that temporary stage. Regulation 2.08A allows a dependent child to be added to the permanent Subclass 801 or Subclass 100 application, but the Department's policy explains that, to be granted the permanent visa, the child must at the time of decision hold a Subclass 820 visa, a Subclass 309 visa or a Subclass 445 visa.

In practice, adding child to partner visa applications at this stage is a two-step process:

• First, the child obtains a Subclass 445 (Dependent Child) visa, sponsored on the basis of the parent's temporary partner visa.
• Second, once the child holds the Subclass 445 visa, the child is added to the parent's Subclass 801 or Subclass 100 application, either by the parent's written request under regulation 2.08A or by completing Form 1002, Application by a Subclass 445 dependent child for a permanent partner visa.

The Department's policy confirms that an emailed or uploaded Form 1002 can be treated as the written request under regulation 2.08A. It also confirms that a Subclass 445 holder adding to a permanent partner application only needs to satisfy the Schedule 1 location requirement. The other Schedule 1 requirements are treated as met.

The Department's policy for the Subclass 309 visa states directly that a dependent child not included in, or added to, the parent's Subclass 309 application before grant may be sponsored later for a Subclass 445 visa, before the Subclass 100 visa is granted. Timing therefore matters. Once the parent's permanent Subclass 801 or Subclass 100 visa is granted, no further child can be added under these provisions. A child left out at that point needs a separate visa pathway, usually a child visa sponsored by the parent.

Only dependent children can be added later

Family members other than dependent children cannot be added after lodgement. The Department's policy for the Subclass 801 and Subclass 100 visas makes this explicit: members of the family unit other than dependent children are not covered by regulations 2.08 and 2.08A. So adding child to partner visa applications after lodgement works for a dependent child, but not for other relatives, even where they are financially dependent.

Newborn children: regulation 2.08

For a newborn, adding child to partner visa applications happens by operation of law. A child born after the partner visa application is lodged and before it is decided is taken to have applied for the same visa, under regulation 2.08, unless the child is an Australian citizen at birth. No separate application is needed, but the parent must tell the Department about the birth. Section 104 of the Migration Act requires applicants to notify changes in circumstances, including the birth of a child. Our guide to Form 1022 for a change of circumstances explains how to notify the Department. The Department's policy also notes that if the parent already holds a Subclass 820 or Subclass 309 visa, a child born in Australia also holds that visa under section 78 of the Migration Act.

Do I need consent from the other parent?

Yes, in most cases. Where a child under 18 is included in a partner visa application and the other parent is not migrating, or another person has the legal right to decide where the child lives, the Department needs that person's consent or a court order. This is the custody requirement, and it is one of the most common reasons adding child to partner visa applications is delayed.

PIC 4015 and PIC 4017: the custody criteria

The custody criteria appear twice in the partner visa provisions. Clause 820.225 and clause 309.229 require any member of the family unit under 18 who made a combined application with the main applicant to satisfy public interest criterion (PIC) 4015 and PIC 4016. Clause 820.324 and clause 309.326 require the child, as a secondary applicant under 18, to satisfy PIC 4017 and PIC 4018.

In summary, PIC 4015 and PIC 4017 are satisfied where the decision maker is satisfied of one of the following:

• the law of the child's home country permits the child's removal; or
• each person who can lawfully determine where the child is to live consents to the grant of the visa; or
• the grant of the visa would be consistent with any Australian child order in force in relation to the child.

Most families meet this through the consent of the other parent, or through a court order giving the migrating parent the right to decide where the child lives or to remove the child from the home country.

Why this matters for the main applicant

The custody criteria in clauses 820.225 and 309.229 sit in the primary criteria. The Department's policy calls this a "one fails, all fail" rule. If a child included in the application does not satisfy PIC 4015 and PIC 4016, the main applicant cannot be granted the partner visa either. A missing consent for one child can therefore hold up, and in the end defeat, the whole family's application. That is why custody evidence is not a formality when adding child to partner visa applications.

An AAT decision recorded in our database shows the issue directly. In Haynes (Migration) [2020] AATA 3293, a Subclass 820 matter, the reported issue concerned an additional applicant who was the dependent child of the primary applicant, whether the law of the home country permitted the child to migrate, and the parents' consent. The Tribunal remitted the matter. The case illustrates that the custody criteria are assessed carefully and that the evidence of consent or legal permission must be clear.

Form 1229 and court orders

Form 1229 is the document most families rely on when adding child to partner visa applications for a child whose other parent is staying behind. The usual way of showing consent is Form 1229, Consent to grant an Australian visa to a child under the age of 18 years, completed by the non-migrating parent, together with a certified copy of that parent's identity document bearing a signature. Older Department forms describe the consent being given in a declaration. The form now used in practice is Form 1229. A separate article in this series covers Form 1229 in detail.

Where the other parent will not consent, cannot be found or has died, the alternatives are:

• a court order from the child's home country or from Australia giving the migrating parent sole parental responsibility, or the right to decide where the child lives or to remove the child;
• a death certificate where the other parent has died; or
• evidence that the law of the child's home country permits the removal of the child without that parent's consent.

The Department's application guidance asks for certified copies of documents verifying custody and access arrangements for children under 18, unless the child is the child of both the applicant and the sponsor. If the child is the child of both partners, and both are part of the application, the consent issue usually does not arise.

Another case in our database shows how court orders are used. In TSVANHU (Migration) [2022] AATA 2027, a Subclass 309 matter, the reported issue concerned a secondary applicant grandson under the custody and guardianship of the primary applicant grandfather, whose mother had died, with court orders from the home country provided to the Tribunal. The Tribunal remitted the matter. Court orders from the home country can therefore be central where the usual parental consent is not available.

PIC 4016 and PIC 4018: the best interests of the child

The best interests criteria require the decision maker to be satisfied that there is no compelling reason to believe that granting the visa would not be in the best interests of the child. PIC 4016 sits in the primary criteria and PIC 4018 in the secondary criteria. The Department's policy stresses that these are separate from the custody criteria and must be assessed separately, even where custody is clear.

Best interests are assessed for every child under 18 when adding child to partner visa applications, whatever the child's relationship to the applicant. These criteria are written in the negative. The decision maker is not expected to search for problems, but must act on information that raises a real concern. In partner visa matters, the main source of that information is the sponsor's police check.

Sponsor police checks when a child is included

When an applicant under 18 is included in a partner visa application, the Department's policy requires the sponsor to provide police certificates. The sponsor must provide an Australian National Police Check if the sponsor has spent a total of 12 months or more in Australia since turning 16, and a police certificate from each other country where the sponsor has spent a total of 12 months or more in the last 10 years since turning 16. Under regulation 1.20KB, a sponsorship must be refused where the sponsor has a conviction or an unresolved charge for a registrable offence and a visa applicant is under 18, subject to the exceptions in that regulation.

Policy also allows the Department to tell the visa applicant, and any non-migrating parent who can decide where the child lives, about relevant convictions or charges of the sponsor. The sponsor's police check is therefore part of adding child to partner visa applications, even though the sponsor is not the applicant. Our page on partner visa sponsorship limitations and our article on when a sponsor cannot sponsor a partner visa explain the wider sponsorship rules.

What evidence is needed for adding child to partner visa applications?

The evidence for adding child to partner visa applications must prove three things: the family relationship, dependency where the child is 18 or over, and custody where the child is under 18. Identity documents are also required for every child.

Evidence of the relationship

• A full birth certificate, or the family book where that is the standard civil record, showing the names of both parents.
• Adoption papers where the child is adopted. The adoption must be legally recognised.
• For a stepchild, the birth certificate showing the child's parent, together with the marriage certificate or evidence of the de facto relationship between that parent and the applicant.
• Evidence of any change of name.
• A passport or other identity document for the child.

The Department's guidance warns that if it is not satisfied with documents that show a claimed biological relationship, the parent and child may be asked to undergo DNA testing at their own cost. Families should make sure birth records are accurate and consistent with every other document before lodgement.

Adoption raises its own questions. In Dawit (Migration) [2023] AATA 1935, a Subclass 309 matter in our database, the reported issues included whether formal adoption was readily available and reasonably practicable in the applicants' circumstances, and the finding that the children had been legally adopted. The Tribunal remitted the matter. Informal or customary care arrangements are not the same as a legal adoption, and the documents must show a legally recognised adoption where adoption is the basis for the claim.

Evidence of custody

Custody documents are the evidence most often missing when adding child to partner visa applications. They usually include:

• Form 1229 signed by each non-migrating parent or other person who can decide where the child lives, with a certified copy of that person's identity document.
• Court orders dealing with parental responsibility, custody, guardianship or removal.
• A death certificate where a parent has died.

Evidence of dependency for older children

For a child aged 18 or over, the dependency evidence carries the application. When adding child to partner visa applications for an adult child, the decisive documents are those that show who meets the child's basic needs. Useful evidence usually includes:

• Evidence that the child lives with the parent, or that the parent pays the child's accommodation.
• Bank records showing regular support for food, clothing and shelter over a substantial period.
• Evidence that the child has no independent income, or that any income is too small to meet basic needs.
• Enrolment records where the child is studying, together with evidence of who pays the fees and living costs.
• Medical evidence where the child is incapacitated for work due to the loss of bodily or mental functions.

The Department's application guidance asks for a Form 47A, Details of child or other dependent family member aged 18 years or over, for each such dependant, whether migrating or not. Our guides to the Subclass 820 visa requirements and documents and the 820 partner visa evidence checklist set out the documents for the family as a whole.

The Tribunal has dealt with adult child dependency many times. In NGUYEN (Migration) [2024] AATA 590, a Subclass 309 matter, the reported issue concerned the secondary applicants' dependency on the family head while aged over 18, full-time vocational study and financial support. In Wu (Migration) [2021] AATA 1566, also a Subclass 309 matter, the reported issue was an adult child secondary applicant on the father's partner visa who was studying and not working. In Discion (Migration) [2020] AATA 2391, a Subclass 820 matter, the reported issue was a secondary applicant on the mother's prospective marriage and partner visa applications, and dependency at the time of application and for a substantial period before it. The Tribunal remitted each matter. Each case turned on detailed evidence of who actually met the child's basic needs, and for how long.

Health and character checks when adding child to partner visa applications

Every child included as a secondary applicant must satisfy the health and character public interest criteria. Clause 820.323 and clause 309.323 require a secondary applicant to satisfy PICs 4001, 4002, 4003, 4004, 4007 and 4009, and PIC 4019 if the applicant had turned 18 at the time of application. Secondary applicants must also satisfy PIC 4020, the integrity criterion, and PIC 4021, the passport criterion.

In practical terms, adding child to partner visa applications means:

• Each child usually needs a health examination arranged through the Department, with the tests depending on the child's age and circumstances.
• Each child needs a valid passport.
• Children aged 16 or over are generally asked for police certificates, and the Department may ask for a Form 80. Our Form 80 guide explains how to complete it without errors.
• A child who had turned 18 at the time of application must also sign the Australian values statement under PIC 4019.

The health requirement applies to each child individually. A child's health condition does not automatically end the application, but it must be assessed, and for some conditions the Department considers whether the requirement can be waived where the visa allows it. Adding child to partner visa applications for a child with a significant health condition should be planned with advice before lodgement.

Non-migrating children: health checks and the family unit

Children who are members of the family unit but are not included in the application can still affect it. Under subclause 820.224(1A) and subclause 309.228(2), each member of the family unit who is not an applicant must satisfy PICs 4001, 4002, 4003 and 4004, and must satisfy PIC 4007, the health criterion, unless the decision maker is satisfied that it would be unreasonable to require the person to undergo a health assessment.

Non-migrating children are the part of adding child to partner visa applications that families most often miss. This catches many families by surprise. A parent may decide not to bring a child to Australia, for example because the child lives with the other parent overseas. That child is still a member of the family unit if the definition is met, and must be declared. The Department may ask for the child's health examination. Where the other parent will not allow the examination, or the child cannot reasonably be examined, the applicant should explain why in writing and ask the decision maker to accept that it is unreasonable to require it.

Declaring every child matters for another reason. Leaving a child out of the application can later raise questions under PIC 4020 about incorrect information. It can also cause difficulties if the parent later tries to sponsor that child. The Department's application guidance states that all dependent children must meet the health requirement, whether migrating or not.

Children who are Australian citizens

A child who is an Australian citizen does not need a visa and is not added to a partner visa. Citizenship should therefore be checked first, before any step towards adding child to partner visa applications is taken. Under section 12 of the Australian Citizenship Act 2007, a child born in Australia acquires Australian citizenship by birth if a parent was an Australian citizen or Australian permanent resident at the time of the birth. That means most children born in Australia to the sponsor are Australian citizens. The Department's policy notes that a child born outside Australia to an Australian citizen parent is generally eligible to be registered as an Australian citizen by descent.

For adding child to partner visa applications, this produces three practical rules:

• A child born in Australia to the sponsor is usually an Australian citizen and is not added. The parent should still notify the Department of the birth.
• A child born overseas to the sponsor may be eligible for citizenship by descent instead of a visa. That route should be checked before the child is added to the partner visa.
• A child born in Australia to the applicant only, where neither parent is a citizen or permanent resident at the time of the birth, is generally not a citizen and is added under regulation 2.08 if the application is undecided.

An Australian citizen child can still be highly relevant to the partner visa itself. The Department's policy notes that, where there is an Australian citizen child with a demonstrable link to the applicant, a decision may be made to waive Schedule 3 criteria in the best interests of the child. The child is also part of the evidence of the couple's commitment. Our guide to partner visa relationship evidence and our article on the partner visa relationship statement explain how shared parenting is presented as part of the nature of the household and the nature of commitment. Support from friends and family can be shown through Form 888 statements.

What happens if a child turns 18 or 23 during processing?

Generally, the child remains included, because dependency and family unit membership are mainly tested at the time of application, but the answer differs between the stages. On adding child to partner visa applications for an older child, this is a common concern because processing can take a long time. Our guide to how long the onshore partner visa takes and our article on Subclass 820 visa processing times explain the wait.

On adding child to partner visa applications at the onshore stage, clause 820.321 requires the child, at the time of decision, to be dependent on or a member of the family unit of the parent who holds the Subclass 820 visa. A child who was under 18 at lodgement and turns 18 before the decision may therefore need to show dependency at the time of decision. For the Subclass 100 visa, the Department's policy states that clause 100.321 does not require a secondary applicant to have remained a member of the family unit of, or dependent on, the primary applicant at the time of decision. A sibling article in this series covers the age rules in more detail.

Other changes can also affect a child's position. If a child marries, becomes engaged or enters a de facto relationship during processing, the child may no longer meet the definitions. Any change must be notified to the Department. Our article on what happens if the relationship breaks down during a Subclass 820 application explains what happens to the family's application if the partner relationship itself ends. Where family violence is involved, our family violence partner visa lawyers act on those matters.

Common mistakes in adding child to partner visa applications

The most common mistakes in adding child to partner visa applications involve consent, timing and dependency evidence. The mistakes that most often cause delay are:

• Lodging without Form 1229 or a court order for a child whose other parent is not migrating.
• Assuming a child aged 18 or over is dependent because the child lives at home or is studying.
• Missing the window to add a child before the Subclass 820 or Subclass 309 is granted, and then needing a Subclass 445 visa.
• Failing to declare a non-migrating child as a member of the family unit.
• Adding an Australian citizen child to the application instead of confirming citizenship.
• Leaving the child out of the sponsorship.
• Not telling the Department about a newborn child, a change of custody or a change in the child's relationship status.
• Lodging after an older child's 23rd birthday for an offshore application, when lodging earlier would have allowed the child to be included.

A refusal for any of these reasons can affect the whole family. If a refusal has already happened, our guide to partner visa refused appeal options, our article on what to expect at an ART review and our partner visa refusals service explain the next steps. Review deadlines are short and strictly applied. If the Department has sent a section 56 request for more information or a section 57 natural justice letter about a child, the response is often the best chance to fix the problem. Our overview of why partner visas get refused covers the wider risks.

Getting advice on adding child to partner visa applications

Advice is most useful before lodgement, because the custody, dependency and timing questions are easiest to solve at the start. After lodgement, advice is still valuable for adding a child under regulation 2.08B or regulation 2.08A, planning a Subclass 445 application and responding to Department requests.

If you lodged yourself and now need to add a child, 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. If you want someone to check work already done, see our article on a second opinion from an immigration lawyer. Our guides on when you need an immigration lawyer for a partner visa, choosing a partner visa lawyer in Australia and a factual comparison of a partner visa migration agent or lawyer help families decide what support they need. Our article on booking an immigration lawyer consultation explains what to prepare.

Same-sex couples follow exactly the same rules for adding child to partner visa applications. Our LGBTI partner visa page explains how we act for same-sex families. Couples who are deciding between visas can compare the stages in our article on Subclass 820 vs Subclass 801 and our Subclass 820 partner visa guide. De facto couples should also read our guide to the de facto partner visa and the 12-month rule.

Where My Migration Lawyers acts for families

My Migration Lawyers acts for partner visa families across Australia, with consultations by video, including families where children are being added at lodgement or later. Families can find our local partner visa pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Where a child's position involves other visa issues, our general immigration pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta explain our wider practice. Families 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 child to partner visa applications

My Migration Lawyers acts in many partner visa matters where adding child to partner visa applications is a central issue, and many of those matters are complex. They include stepchildren whose other parent lives overseas, parents who cannot locate the other parent, children approaching 18 or 23, adult children who rely on a parent for support, adopted children, children who are unlawful or hold only a bridging visa, and families where a child must be added after the temporary visa is granted. The firm deals with complex family cases as a regular part of its partner visa practice and is capable of handling them.

Before lodgement, the firm treats adding child to partner visa applications as part of the overall case strategy. It confirms which children are dependent children or members of the family unit, checks each child's citizenship and visa status, and works out whether each child should be included, declared as non-migrating or dealt with through another pathway. It identifies who can lawfully decide where each child lives, and explains to the family which consents or court orders the Department will expect. Where a child is close to a birthday that matters, the firm plans lodgement around that date.

During processing, the firm prepares the written request and Form 1436 to add a dependent child under regulation 2.08B, advises on the Subclass 445 visa and the request under regulation 2.08A where the temporary visa has already been granted, and notifies the Department of births and other changes. It presents each family's own documents and account in the form the law requires, including dependency evidence for older children, and responds to Department requests about custody, health or character. Where a child's application is refused, the firm acts on Tribunal review.

Our work is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see our partner visa lawyers page, our visa refusals practice, or send us a message through our contact page.

If you are planning on adding child to partner visa applications, or a child has been left out, get advice before the next stage is decided. Book a consultation or call 1300 040 300.