Partner Visa Child Dependency Evidence

What is partner visa child dependency evidence?

Partner visa child dependency evidence is the set of documents that proves an older child relies on the parent, or the parent's partner, for financial support to meet basic needs. When a child aged 18 or over is included in a partner application, the Department of Home Affairs does not assume dependency. It must be proven with records. Partner visa child dependency is therefore an evidence question as much as a legal one, and the quality of the records decides whether the child stays in the application.

This guide is about those records. It explains the legal test briefly and then focuses on what proves partner visa child dependency in practice: bank transfers and remittances, rent and accommodation records, school and university fees, the child's own income and tax records, letters from educational institutions, proof that the child is not married, engaged or in a de facto relationship, and evidence that covers a sustained period. It also covers translation, consistency with the application forms and the weaknesses case officers look for.

The guide sits inside a wider set of partner visa resources. For the full picture of every partner pathway, start with the complete guide to partner visas in Australia. For the relationship evidence that the main applicant and sponsor must provide, see the guide to partner visa relationship evidence. For the general list of identity and civil documents, see the partner visa document checklist.

What this guide does not cover in depth

Three related topics have their own guides. The effect of a child turning 18 during a partner application is covered in a separate guide on that subject. The effect of a child turning 23, and why dependency on financial grounds stops being available at that age, is covered in a separate guide as well. The incapacity exception, for a child who cannot work because of a total or partial loss of bodily or mental functions, is also covered in its own guide. This article stays with the evidence that proves partner visa child dependency on financial grounds.

What is the legal test for partner visa child dependency?

The legal test for partner visa child dependency comes from regulation 1.05A of the Migration Regulations 1994. A child is dependent on a parent if the child is, and has been for a substantial period immediately before the relevant time, wholly or substantially reliant on that parent for financial support to meet the child's basic needs for food, clothing and shelter, and that reliance is greater than the child's reliance on any other person or source of support. A child is also dependent if 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.

Every part of that definition needs evidence. The words "wholly or substantially" set the level of support. The words "basic needs for food, clothing and shelter" set what the support must cover. The words "greater than any reliance" on another person or source set a comparison. The words "for a substantial period immediately before" set a time element. A partner visa child dependency file that proves only one of these elements is incomplete.

Member of the family unit

For partner visas, the child must also be a member of the family unit of the primary applicant. 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 to be married and does not have a spouse or de facto partner, and the child either has not turned 18, or has turned 18 but not 23 and is dependent on the family head or on the family head's partner, or has turned 23 and is dependent under the incapacity limb of regulation 1.05A.

Regulation 1.03 also defines a "dependent child", and the Department's policy for the onshore and offshore partner visas directs case officers to the regulation 1.03 definition of dependent child, the regulation 1.05A definition of dependent and the regulation 1.12 definition of member of the family unit together. In practice, all three definitions point to the same proof: the child's age, the child's single status and, for a child aged 18 or over, evidence of financial dependency.

Why the age of the child changes the evidence

A child under 18 who is single does not need to prove financial dependency under regulation 1.12. The evidence for that child is about identity, the parent and child relationship and, where relevant, custody and consent to migrate. Once the child has turned 18, partner visa child dependency must be proven with financial records. That is the point at which most families need help, because the records that prove dependency are often spread across several countries, banks and family members.

Who has to prove partner visa child dependency?

The applicants have to prove partner visa child dependency. The Department does not look for the evidence on the family's behalf. The case officer decides on the material in the application and anything later requested. If the material does not satisfy the case officer that the child meets the definition, the child cannot be granted the visa as a secondary applicant.

That makes partner visa child dependency different from the relationship test in one important way. The relationship test looks at four assessed aspects of the couple's relationship: financial aspects, the nature of the household, social aspects and the nature of the commitment. Evidence for one aspect can support another. For partner visa child dependency, the test is narrower and more financial. The question is who pays for the child's food, clothing and shelter, how much, for how long, and whether anyone else pays more.

The burden also continues after lodgement. The Department can ask for more evidence at any time before a decision. A request under section 56 of the Migration Act 1958 asks for further information, and the guide to responding to a section 56 request for more information explains how those requests work. If the Department has adverse information about the child, it may write under section 57 instead, and the guide to the section 57 natural justice letter for a partner visa explains how to answer one. Response deadlines for both are short and strictly applied.

Which partner visas use partner visa child dependency evidence?

Partner visa child dependency evidence is used in every partner visa that allows a child to be included. That includes the onshore Subclass 820 partner visa and the permanent Subclass 801 stage, explained in the guide to Subclass 820 vs Subclass 801. It also includes the offshore Subclass 309 partner visa with its permanent Subclass 100 stage, and the Subclass 300 Prospective Marriage visa.

The secondary criteria for each visa require the child to be a dependent child or a member of the family unit of the primary applicant. For the Subclass 820 visa, clause 820.311 sets this out. For the Subclass 100 visa, clause 100.311 sets it out. The evidence required is the same in substance across these visas, so a well-built partner visa child dependency file can follow the child from the first stage to the permanent stage, provided it is kept up to date.

The Subclass 820 partner visa guide and the guide to Subclass 820 requirements and documents set out the full onshore criteria. For couples who are not married, the guide to the de facto partner visa and the 12-month rule explains how the de facto relationship itself is proven. The child's dependency can be on the primary applicant or on the primary applicant's partner, which matters where the sponsor supports a step-child.

The sponsorship must include the child

The sponsorship must also cover the child. For the Subclass 820 visa, paragraph 820.311(b) requires that the sponsorship, if any, includes the secondary applicant. A sponsor who is subject to a limitation may affect the whole family, and the partner visa sponsorship limitations page and the guide to when a sponsor cannot sponsor a partner visa explain those rules. The same partner visa child dependency rules apply to every couple, including same-sex couples, whose applications are covered on the LGBTI partner visa page.

What does "wholly or substantially reliant" mean for partner visa child dependency?

"Wholly or substantially reliant" means the parent's support pays for all, or a considerable part, of the child's basic needs. The words take their ordinary meaning. "Wholly" means the whole amount. "Substantially" means an ample or considerable amount, of real value. A small or occasional contribution does not meet this level. A gift on a birthday, a single plane ticket or a few transfers in an emergency will not prove partner visa child dependency on their own.

The evidence must therefore show two numbers. The first is what the child's basic needs cost. The second is how much of that cost the parent pays. Many applications include transfer receipts but never explain the child's living costs. Without the second number, the case officer cannot see whether the transfers cover most of the child's needs or only a small part of them.

Basic needs of food, clothing and shelter

The regulation is specific. The support must meet basic needs for food, clothing and shelter. Payments for other things can still be relevant, but they do not prove partner visa child dependency by themselves. A parent who pays for a car, a holiday or a phone plan, but not for the child's housing or meals, has not shown the support the law requires.

Education fees are a common example. Paying university fees can show that the child is not self-supporting and that the parent carries the child's major costs. It does not, alone, show who pays for food, clothing and shelter. The strongest partner visa child dependency files link education payments to evidence of housing and living costs, so the case officer sees the full picture.

Greater reliance than on any other person or source

The second limb is a comparison. The child's reliance on the parent must be greater than the child's reliance on any other person or source of support. Other persons include the other parent, grandparents, aunts and uncles, a boyfriend or girlfriend, and employers. Other sources include the child's own wages, scholarships, government benefits and income from property or investments.

This is where many partner visa child dependency claims fail. A family may prove that the parent sends money every month, but the records may also show that the child lives in a grandparent's house without paying rent and works part-time. The case officer may then find that the grandparent or the child's own income is a greater source of support. The evidence must deal with every other source openly, not hide it.

A substantial period immediately before the relevant time

The third element is time. The reliance must exist at the relevant time and must have existed for a substantial period immediately before it. The regulation does not set a fixed number of months. A pattern of support that began shortly before the application was lodged will attract questions. A pattern that runs back over a long period, without unexplained gaps, carries much more weight. This guide returns to the time element in detail in the section on sustained evidence below.

Why partner visa child dependency matters for the whole family

Partner visa child dependency matters because a child who is not dependent cannot be granted the partner visa as a secondary applicant. The child would need a separate visa, with separate criteria. For many families, that would mean a parent migrating to Australia while an adult child who still relies on them stays behind.

There is also a risk in the other direction. Including a child who does not meet the definition, and supporting the claim with weak or inconsistent records, can damage the credibility of the whole application. If a case officer forms the view that information about the child is false or misleading, public interest criterion 4020 can be engaged, and that criterion can affect more than the child. The guide to why partner visas get refused explains how credibility problems spread through a file. A careful partner visa child dependency assessment before lodgement protects the main application as well as the child.

Bank transfers and remittances as partner visa child dependency evidence

Bank transfers and remittances are usually the core of partner visa child dependency evidence, because they show money moving from the parent to the child over time. A case officer will look for regular payments, in amounts that make sense against the child's living costs, sent from an account in the parent's name to an account in the child's name or to the person or business that provides the child's housing and food.

The best remittance evidence is complete and easy to follow. It comes from the bank or the transfer provider, not from screenshots alone. It shows the sender's name, the recipient's name, the date, the amount and the currency. Where the transfers are sent from Australia by the sponsor, the sponsor's statements should show the same payments leaving the account. Where the child receives the money overseas, the child's own statements should show the same payments arriving. Matching both ends of each transfer is one of the simplest ways to make partner visa child dependency evidence credible.

What a strong remittance record looks like

A strong remittance record has four features. The first is regularity: monthly or fortnightly payments, not a few large sums. The second is proportion: the amounts cover most of what it costs the child to live in that city. The third is continuity: the payments run across a long period, with any gap explained. The fourth is identity: every document clearly shows who sent and who received the money.

A short summary table helps. It can list each transfer by date, amount, sender, recipient and the page of the bank statement where it appears. The table is not evidence on its own. It is a guide that helps the case officer find and check the evidence. A partner visa child dependency summary that matches the statements line by line makes the case officer's job easier and shows that nothing has been hidden.

Cash, informal transfer services and payments through relatives

Some families do not send money through banks. Support may be paid in cash, through informal transfer services, through a relative who holds the money for the child, or through a business that pays the child's costs directly. These arrangements can still prove partner visa child dependency, but they are harder to prove and attract more questions.

Where support is paid in cash, the evidence should show where the cash came from and how it reached the child. That may include withdrawal records from the parent's account, receipts signed by the person who received the money, and records showing that the money was then spent on the child's rent, food or fees. Where a relative passes on the money, a signed statement from the relative, with identity documents and the relative's own bank records, helps. Unexplained cash is weak evidence, and a case officer is entitled to give it little weight.

Rent and accommodation evidence for partner visa child dependency

Rent and accommodation evidence proves the "shelter" part of the test, and it is often the most persuasive partner visa child dependency evidence after bank records. Shelter is usually the largest basic need. If the parent pays for the child's housing, the evidence should show it directly.

Useful records include a lease or tenancy agreement, rent receipts, bank records showing rent paid by the parent or from money the parent sent, and letters from the landlord. Where the child lives in student accommodation, the provider's invoices and payment receipts are useful. Where the parent owns the home the child lives in, title documents and evidence of who pays the rates, utilities and maintenance can show that the parent provides the child's shelter.

When the child lives at home

Living at home with the parent is strong evidence of partner visa child dependency, but it still has to be documented. The family should show that the child lives at the parent's address and that the parent pays for the household. Evidence may include documents addressed to the child at that address, the parent's lease or title, utility bills in the parent's name, and bank records showing the parent pays for groceries and household costs.

Where the parent has moved to Australia and the child stays in the family home overseas, the evidence changes. The case officer will want to know who now owns or rents that home, who pays the costs and who else lives there. If a grandparent or another relative lives with the child and pays the household costs, that relative may be the greater source of support. The partner visa child dependency evidence needs to address this point directly.

When the child lives away for study

Many older children live away from home while studying. That does not end dependency, but it does change the proof. The family should show the child's study location, the accommodation the child uses there, how that accommodation is paid for and how the child's food and daily costs are met. Evidence of transfers that match rent due dates is particularly helpful, because it links the parent's money to the child's shelter.

School and university fees as partner visa child dependency evidence

School and university fees paid by the parent are strong supporting evidence of partner visa child dependency because they show the child is studying and that the parent carries a major cost. They work best when combined with evidence of who pays for the child's housing and living costs.

Useful fee records include enrolment invoices, fee statements, receipts and bank records showing that the parent paid them. If the fee was paid by a relative or through an education loan, that should be explained, because it may be another source of support. If the child holds a scholarship, the scholarship terms should be disclosed and the amount compared with the child's costs. A scholarship that covers tuition only does not defeat partner visa child dependency if the parent still pays for food, clothing and shelter, but the evidence must show that clearly.

Letters from educational institutions

A letter from the school, college or university confirms that the child is enrolled, the course, the study load and the expected completion date. A full-time study load helps explain why the child does not work full-time and depends on the parent. Transcripts or attendance records can add weight where the case officer may doubt that the child is studying.

Institution letters should be recent, on letterhead and signed by an authorised officer. They should name the child exactly as the passport does. If the child has changed courses, deferred or taken a break, that should be explained in the partner visa child dependency evidence, because an unexplained gap in study may suggest the child was working or supported by someone else during that period.

The child's own income and tax records

The child's own income is one of the first things a case officer checks in a partner visa child dependency claim. If the child earns enough to meet basic needs, the child is unlikely to be wholly or substantially reliant on the parent. If the child earns some money but much less than the cost of living, dependency may still be proven, but the figures must be shown.

Evidence of income, or the lack of it, can include tax records, tax clearance letters or official statements that no tax return was lodged, payslips, employment contracts, letters from employers, and the child's own bank statements. In some countries, an official record that the child is not registered for tax or social insurance employment can help. Where no official document exists, a signed statement from the child explaining the position, supported by bank statements showing no salary deposits, is better than silence.

Part-time work and scholarships

Part-time or casual work does not automatically defeat partner visa child dependency. A full-time student who works a few hours a week may still rely on the parent for most basic needs. The question is the comparison: whether the parent's support is greater than any other source, including the child's own earnings.

The way to prove this is to show both figures side by side. The family should set out what the child earns from work, what the child receives from the parent, and what the child's food, clothing and shelter cost. If the parent's contribution is clearly the largest share, the evidence supports dependency. If the child's own income is close to or greater than the parent's contribution, the claim is at serious risk and needs careful review before lodgement.

Other sources of support

The family should also disclose any other source of support: the other parent, a grandparent, government benefits, rental income or investments. Leaving these out is a mistake. A case officer may find them through the child's own bank statements or through information given elsewhere in the application. It is better to disclose another source and prove that the parent's support is greater than to have the case officer discover it and doubt the whole partner visa child dependency claim.

Partner visa child dependency for a child already in Australia

Partner visa child dependency is proven in the same way when the child is already in Australia, but the child's visa history adds extra issues. A child who holds a student visa, for example, may have declared savings or support from someone else in that application, and may have worked under the conditions of that visa. Those facts must be consistent with the partner visa child dependency evidence.

A child who applies onshore with a parent for the Subclass 820 visa must also meet the secondary criteria about immigration status. Under clause 820.312, a secondary applicant who does not hold a substantive visa at the time of application must satisfy the Schedule 3 criteria unless there are compelling reasons not to apply them. The guide to Schedule 3 criteria for unlawful applicants and the Schedule 3 waiver service explain that test. If the child's current visa carries a no further stay condition, the guide to Subclass 820 and condition 8503 explains the position.

A valid onshore application usually gives each applicant a bridging visa. The guide to bridging visas in Australia and the guide to Bridging Visa A explain how these work. If the child starts working on a bridging visa while the application is pending, that income becomes part of the partner visa child dependency picture, and the guide to working while a Subclass 820 visa is pending is worth reading with that in mind. Families who moved from a visitor visa should also read the guide to moving from a tourist visa to a partner visa in Australia.

Proving the child is not married, engaged or in a de facto relationship

A child of any age who is engaged to be married, or who has a spouse or de facto partner, is not a member of the family unit under regulation 1.12. Partner visa child dependency evidence must therefore show that the child is single. This is part of the legal test, not an optional extra.

How this is proven depends on the country. Useful documents include an official certificate of no marriage record or single status, where the country issues one, a divorce certificate if the child has been married before, and a signed statement from the child confirming that the child is not married, not engaged and not in a de facto relationship. The application forms will also ask about the child's relationship status, and the answers must match the documents.

Why relationship status is checked closely

Case officers check relationship status closely because it is an absolute bar. A child who is engaged, even if not yet married, cannot be a dependent child for this purpose. Social media posts, photographs and statements made in other visa applications can all reveal a relationship. If the child's circumstances change after lodgement, for example if the child becomes engaged, the Department must be told. The guide to Form 1022 change of circumstances explains how changes are notified.

How partner visa child dependency evidence connects to the relationship evidence

Partner visa child dependency evidence is separate from the couple's relationship evidence, but the two must fit together. The relationship evidence covers the four assessed aspects of the relationship between the primary applicant and the sponsor. One part of the nature of the household is any joint responsibility for the care and support of children. Where the sponsor contributes to a step-child's support, that contribution may appear in both sets of evidence.

The guide to preparing evidence of a genuine relationship and the 820 partner visa evidence checklist explain the relationship side. The single partner visa relationship statement can mention the couple's shared support for the child, and Form 888 supporting witness statements from people who know the family can refer to it as well. Form 888 is a supporting witness statement, not a statutory declaration, and it is aimed at the couple's relationship. It cannot replace the financial records that prove partner visa child dependency. The guide to Form 888 example answers and common mistakes explains what witnesses should and should not say.

How long must partner visa child dependency be shown?

Partner visa child dependency must be shown at the relevant time and for a substantial period immediately before it. The regulation does not set a fixed number of months, so the safest approach is to prove a long, continuous pattern of support with no unexplained gaps. Evidence covering many months, and preferably years, is far more persuasive than evidence that begins shortly before lodgement.

The time element matters because dependency is a matter of fact, not intention. A parent who plans to support a child after migration has not yet shown dependency. A parent who has supported a child for years has. The case officer will ask whether the claimed reliance was real before the visa application became a reason to create it.

Building a sustained evidence record

A sustained partner visa child dependency record usually combines several kinds of evidence across the same period. Bank statements or remittance records show the money. Rent receipts or accommodation invoices show the shelter. Fee records and institution letters show the study. The child's own bank statements and tax records show the absence of other income. When all of these cover the same months, they support each other.

Gaps should be explained, not hidden. A parent may have been unemployed for a period, the child may have lived with a relative during a holiday, or payments may have been made in cash during a banking problem. A short written explanation, supported by whatever records exist, is better than a gap the case officer must interpret alone.

Keeping evidence current after lodgement

Partner visa child dependency must continue to be proven while the application is pending, and the Department may ask for updated records before deciding. Families should keep collecting statements, receipts and institution letters after lodgement. If the child's circumstances change, for example by starting full-time work, moving out, marrying or becoming engaged, the change must be disclosed. The guide to Form 1022 change of circumstances explains how to notify the Department, and the Subclass 820 relationship breakdown guide explains what happens to the family if the couple separates.

Consistency between partner visa child dependency evidence and the application forms

Partner visa child dependency evidence must match what the application forms say about the child. Case officers compare the documents with the answers given in ImmiAccount, in personal particulars forms and in any statements. Inconsistencies about where the child lives, whether the child works, who pays the child's costs or the child's relationship status are a common reason for further questions.

The online application asks about each family member's address, occupation and relationship status. The child may also be asked to complete Form 80 personal particulars, which asks for employment and address history. The Department's partner forms have also used a separate form for a child or other dependent family member aged 18 or over, which asks for the details that support dependency. Every one of these answers must match the partner visa child dependency evidence. If the child's Form 80 lists a job that the dependency evidence does not mention, the case officer will notice.

Common inconsistencies

The most common inconsistencies in partner visa child dependency claims are these. The forms say the child is a full-time student, but the child's bank statements show regular salary payments. The forms say the child lives with the parent, but the child's study records show a different city. The forms say the parent pays all costs, but transfers stopped for several months. The forms say the child is single, but social media shows an engagement. Each of these can be explained if it is addressed early. Each can damage the claim if it is left for the case officer to find.

Information given in earlier visa applications

Case officers can also see information given in earlier applications. If the child applied for a student or visitor visa and declared employment, savings or support from another relative, that information will be compared with the partner visa child dependency evidence. The family should review what was said before and explain any change. The guide to hiring an immigration lawyer after lodging your own application explains how a file can be reviewed and corrected where the family has already lodged.

Translating partner visa child dependency documents

Documents that are not in English must be accompanied by an accurate English translation. That includes bank statements, remittance records, tax records, institution letters, rent receipts and certificates of single status. A translation that leaves out headings, names or amounts can weaken partner visa child dependency evidence even where the original is strong.

Translations made in Australia should be done by a translator accredited by the National Accreditation Authority for Translators and Interpreters (NAATI). Translations made outside Australia should include the translator's full name, address, telephone number and qualifications. The original document and the translation should be uploaded together so the case officer can compare them.

What to translate and what to summarise

Long bank statements can be expensive to translate in full. A practical approach is to translate the account holder details, the headings and the specific transactions relied on, and to provide a full translation of key documents such as certificates and institution letters. The summary table of transfers can then point to each translated entry. Whatever approach is taken, nothing relied on to prove partner visa child dependency should be left untranslated.

What weaknesses do case officers look for in partner visa child dependency claims?

Case officers look for evidence that the child is supported by someone else, supports themselves, or became dependent only to qualify for the visa. Knowing these weaknesses in advance allows a family to deal with them in the evidence rather than in a response to a refusal.

Support that began shortly before lodgement

A pattern of transfers that starts a few months before the application, with nothing before it, suggests that the support was arranged for the visa. Older records, even if less regular, help show that the support existed earlier.

Transfers that do not match living costs

Transfers that are much smaller than the child's living costs suggest that someone else pays most of them. Transfers that are much larger, or that are immediately sent back, suggest that the money is not support at all. The amounts must make sense against the cost of the child's food, clothing and shelter.

Support from the other parent or another relative

Where the child's other parent lives with the child, contributes to costs or has a court order requiring support, the case officer will ask who is the greater source of support. The partner visa child dependency evidence should show the other parent's role openly and prove that the applicant parent's support is greater.

The child's own work and savings

Regular salary deposits, a business registration in the child's name or significant savings can all suggest that the child is self-supporting. They do not always defeat the claim, but they must be explained and compared with the parent's support.

Inconsistent or altered documents

Documents that appear altered, statements that conflict, or a family history that changes between forms are serious problems. They can lead to a finding that information is false or misleading under public interest criterion 4020. The safest course is to provide accurate records, explain difficult facts and never adjust a document to make the partner visa child dependency claim look stronger.

What Tribunal decisions show

Tribunal decisions show that dependency findings can turn on the detail of the financial evidence. In 2014446 (Migration) [2022] AATA 137, a Subclass 309 matter, the reported issues were secondary visa applicants, dependants and members of the family unit, no employment, and the review applicant's financial support for the family. In PHAM (Migration) [2020] AATA 6062, a Subclass 309 matter, the reported issue was whether the visa applicant was a dependent child of the family head as defined in regulation 1.05A. Both matters were remitted to the Department for reconsideration. Each case turns on its own facts, but both show how central the partner visa child dependency evidence is when a decision is reviewed.

How to present partner visa child dependency evidence in ImmiAccount

Partner visa child dependency evidence should be presented in a clear, labelled order so the case officer can follow the claim from the legal test to the proof. Each document should be named in a way that says what it is and what period it covers, and uploaded under the correct applicant and evidence category.

A useful structure is a short cover submission, followed by evidence grouped by element: the child's identity and relationship to the parent, proof of single status, evidence of study, evidence of the child's income or lack of income, evidence of the parent's financial support, and evidence of housing. The cover submission explains how each group meets regulation 1.05A and regulation 1.12. The guide to creating an ImmiAccount explains the account itself, and the guide to Form 956 and 956A explains how a representative is appointed to manage the file.

Upload the evidence for the right person

Evidence of partner visa child dependency belongs to the child's part of the application, even where the documents are the parent's bank statements. Uploading everything under the main applicant makes the file harder to read. Each upload should be placed where the case officer assessing the child will look for it.

Do not overload the file

More documents are not always better. Hundreds of unlabelled receipts make it harder, not easier, to see the pattern of support. A complete set of statements, a clear summary table and the key supporting documents are usually more persuasive than every piece of paper the family holds.

What happens if partner visa child dependency is not accepted?

If partner visa child dependency is not accepted, the child may be refused as a secondary applicant, and in some cases the refusal can be reviewed by the Administrative Review Tribunal. The ART replaced the Administrative Appeals Tribunal on 14 October 2024. The deadline to apply for review is short and strictly applied, so families should get advice as soon as a refusal arrives.

The guide to partner visa refusal appeal options and the guide to what to expect at an ART review explain the review process. The firm's partner visa refusals service and its wider visa refusals service act on review applications, and the visa appeal lawyer guide explains what a representative does at that stage. Where a review decision involves a legal error, judicial review may be considered. Before any of that, the better approach is to build strong partner visa child dependency evidence at the start.

When to get advice on partner visa child dependency

Advice on partner visa child dependency is most useful before lodgement, when the evidence can still be gathered and shaped into a clear claim. It is also useful when the Department has asked for more information, when the child's circumstances have changed, or when a refusal has been received. The guide to booking an immigration lawyer consultation explains what happens at a first meeting, and the guide to using an immigration lawyer for a partner visa explains when legal help makes the most difference.

Families who have prepared their own application can read the guide to a partner visa lawyer compared with doing it yourself, or ask for a second opinion from an immigration lawyer on a file already lodged. Where a deadline is close, the guide to urgent immigration lawyer advice explains what to prepare. The guides to the partner visa lawyer role in Australia and to fixed-fee immigration lawyers explain how legal help is structured. Where a relationship involves family violence, the family violence partner visa page explains the separate provisions that can protect an applicant and the children in the application. More partner visa guides are listed on the My Migration Lawyers blog, and general enquiries can be sent through the contact page.

How My Migration Lawyers builds partner visa child dependency evidence

My Migration Lawyers prepares partner visa child dependency evidence for families who want an older child included in a partner application. The firm handles complex cases of this type, including families with support paid through several countries, children studying away from home, children with part-time work and cases where another relative also contributes. It acts in many partner matters that include adult children and is capable of handling the evidence and legal issues they raise. No firm can promise an outcome, and My Migration Lawyers does not. What the firm does is present the family's own records in the form the law requires.

What the firm does on a partner visa child dependency claim, step by step

First, the firm checks the child's age, relationship status and circumstances against regulation 1.05A, regulation 1.03 and regulation 1.12, and tells the family plainly whether partner visa child dependency can be supported on the facts. Second, it maps every source of the child's support, including the other parent, relatives, work and scholarships, so that nothing is left for the case officer to discover. Third, it identifies which records already exist and which can be obtained from banks, transfer providers, landlords, schools and tax authorities. Fourth, it organises the records by period and by element of the test, prepares a summary of transfers and checks every entry against the statements. Fifth, it checks the evidence against the application forms, Form 80 and earlier visa applications, so the information is consistent. Sixth, it arranges translations and prepares a cover submission explaining how the evidence meets the law. After lodgement, it responds to requests from the Department and keeps the partner visa child dependency evidence current.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers and its partner visa lawyers service. The firm works with families across Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, the Gold Coast, Hobart and Parramatta. Consultations are held by video, so the family's location does not matter.

Book a consultation about partner visa child dependency evidence

If an older child is part of your partner application, a consultation is the right time to test the partner visa child dependency evidence before it is lodged. Bring the child's passport, any study records, the bank or remittance records you hold and details of any work the child does. Book a Consultation to have the evidence reviewed. You can also call 1300 040 300.