Partner Visa Child Turning 18

What happens in a child turning 18 partner visa application?

In a child turning 18 partner visa application, the child stops being assessed as a minor and must show that they are dependent on the parent or step-parent at the points where the law tests the family unit. Before 18, a child counts without proof of dependency, as long as the child is not married, engaged or in a de facto relationship. From 18, dependency becomes a legal requirement that must be shown with evidence. The timing of the birthday against the stages of the partner visa process decides how much this matters.

This is why a child turning 18 partner visa question is really a question about dates. The same family can face very different rules depending on whether the birthday falls before lodgement, while the temporary visa is being decided, or after the temporary visa has been granted. A family that understands those dates can plan. A family that does not may find that a child who was included without difficulty at 17 is refused at 18 because nobody prepared the dependency evidence in time.

This guide explains the child turning 18 partner visa rules step by step. It covers the definitions in the Migration Regulations 1994, the time of application and time of decision criteria, the adult requirements that begin around 18, the effect of study, work and new relationships, what parents should do before and after the birthday, and what happens if the child no longer qualifies. For the full picture of partner pathways, start with the complete guide to partner visas in Australia. For the firm's partner visa services, see the partner visa lawyers page.

Which partner visas does a child turning 18 affect?

A child turning 18 partner visa issue can arise in every partner pathway. Onshore applicants apply for the temporary Subclass 820 partner visa and the permanent Subclass 801 visa in one combined application. Offshore applicants apply for the temporary Subclass 309 partner visa and the permanent Subclass 100 visa in the same way. A fiancé or fiancée may apply for the Subclass 300 Prospective Marriage visa and later apply onshore after the wedding. Children of the applicant, or of the sponsor in some cases, can be included as secondary applicants in each of these applications.

The two stages matter a great deal. The comparison of Subclass 820 and Subclass 801 explains how the temporary and permanent stages fit together. As this guide shows, the law treats a child turning 18 differently at each stage, so the stage at which the birthday falls is the first fact to establish.

What is a dependent child under 18 for a partner visa?

A dependent child under 18, for partner visa purposes, is a child or step-child of the applicant who has not turned 18 and who is not engaged to be married and does not have a spouse or de facto partner. A child under 18 does not need to prove financial dependency. Age alone is enough, subject to that relationship exclusion.

The definition is set out in regulation 1.03 of the Migration Regulations 1994, and the closely related definition of member of the family unit is in regulation 1.12. Regulation 1.12(2)(b) says 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 has not turned 18. That is the simple rule that applies to young children and teenagers in partner applications.

The simplicity of the under 18 rule is the reason many families are caught out. Parents lodge a partner application with a 16 or 17 year old included, nobody asks for dependency evidence, and the family assumes the child is safely part of the application. The child turning 18 partner visa problem only becomes visible later, when the birthday has passed and the Department asks for evidence that the family did not keep.

The marriage, engagement and de facto exclusion

The exclusion applies at every age. A child who is engaged to be married, married or in a de facto relationship is not a dependent child and is not a member of the family unit, even if the child is 15 or 16. This matters for teenagers as well as for adult children, because in some families engagements are arranged early. It also matters after 18, when a young adult may begin a serious relationship, move in with a partner or become engaged while the partner application is still being processed.

A de facto relationship has a legal meaning in section 5CB of the Migration Act 1958. The guide to de facto partner visas explains the elements. A boyfriend or girlfriend is not automatically a de facto partner, but a couple who live together and share their lives may be. In any child turning 18 partner visa case, the family must check the young adult's relationship position carefully at each stage and disclose it accurately.

Step-children and the sponsor's children

Step-children can be included. A child of the applicant's spouse or de facto partner can be a member of the family unit under regulation 1.12, subject to the same age, dependency and relationship rules. Where a child under 18 is included, the Department also considers custody and the best interests of the child. The Subclass 820 criteria, for example, require any member of the family unit under 18 who made a combined application to satisfy public interest criteria 4015 and 4016, which deal with the rights of any other parent and the best interests of the child.

Those custody criteria are directed at minors. A child turning 18 partner visa file therefore changes character at the birthday: the custody questions fall away, but dependency questions arrive. Parents who were focused on obtaining the other parent's consent for a 17 year old should not assume the work is finished once the child turns 18. The focus simply moves to a different requirement. Where there is any sponsor-related concern, the sponsorship limitations page and the guide to when a sponsor cannot sponsor a partner explain the separate checks that apply where a child under 18 is included.

What changes at 18 in a child turning 18 partner visa case?

At 18, the child must be dependent on the family head or the family head's spouse or de facto partner to remain a member of the family unit. Regulation 1.12(2)(b)(ii) covers a child who has turned 18 but has not turned 23 and is dependent on the family head or on the family head's spouse or de facto partner. Age alone no longer qualifies the child.

This is the core of every child turning 18 partner visa question. The child is the same person the day after the birthday, living in the same home and attending the same school. Legally, though, the basis on which the child is part of the family unit has changed from age to dependency.

What does dependent mean?

Dependent has a specific meaning in regulation 1.05A(1). A person is dependent on another person if, at the time it is necessary to establish dependency, the person is, and has been for a substantial period immediately before that time, wholly or substantially reliant on the other person for financial support to meet basic needs for food, clothing and shelter, and that reliance is greater than reliance on any other person or source of support. There is a separate limb for a person who is wholly or substantially reliant on the other person for financial support because the person is incapacitated for work due to the total or partial loss of bodily or mental functions.

Each part of that definition is tested. Wholly or substantially reliant means the parent's support covers all, or a considerable part, of the child's basic needs. For a substantial period immediately before that time means the reliance must have existed for some time before the date being tested, not just started. Greater than any other reliance means the parent must be the main source of support, ahead of any job, scholarship, government payment or other relative. The Department's partner application form for offshore applicants puts it plainly: a child aged 18 years or over will not be considered dependent unless the family can show the child is wholly or substantially reliant on the parent for food, shelter and clothing, that the support has been given for a substantial period, and that the child is more reliant on the parent than on any other person or source.

Emotional closeness is not enough. For partner visas, the general dependency test is financial. A close and loving relationship between a parent and an 18 year old does not, on its own, establish dependency.

Why 18 to 22 is a separate category

Regulation 1.12 creates three age bands for children. Under 18, age is enough. From 18 until the 23rd birthday, financial dependency is required. From 23, only dependency because of incapacity for work counts. A child turning 18 partner visa matter sits in the middle band. A family whose child is close to 23 faces a different and stricter rule, which is a separate topic and should be checked before any child turning 18 partner visa plan is finalised for an older teenager with siblings near that age.

When is a child assessed in a partner visa application?

A child included in a partner visa application is assessed at the time of application and again at the time of decision for the temporary visa. Schedule 2 of the Migration Regulations 1994 sets out time of application criteria and time of decision criteria for secondary applicants. For a child turning 18 partner visa case, the gap between those two dates is where the risk sits.

For the onshore pathway, clause 820.311 requires the secondary applicant, at the time of application, to be a dependent child of the person applying, or a member of the family unit in the circumstances that clause describes, and the sponsorship must include the child. Clause 820.321 then requires, at the time of decision, that the secondary applicant is dependent on, or a member of the family unit of, a person who has satisfied the primary criteria and holds a Subclass 820 visa. The Department's own policy notes that a dependent child cannot be granted the Subclass 820 visa until the primary applicant has been granted theirs.

For the offshore pathway, clause 309.311 requires the secondary applicant, at the time of application, to be a member of the family unit of the person who satisfies the primary criteria, and to have made a combined application. The Subclass 309 secondary criteria also deal with the family unit at the time of decision. For the Subclass 300 visa, clause 300.321 requires the secondary applicant to continue to be a member of the family unit at the time of decision. The detailed requirements of each Subclass are set out in the Subclass 820 visa guide and the Subclass 820 partner visa overview.

Child turns 18 before the partner visa is lodged

If the child has already turned 18 when the partner application is lodged, dependency must be shown from the start. The application must include the evidence, and the child must meet the dependency test at the time of application and again at the time of decision on the temporary visa. Families in this position should not lodge first and gather evidence later. A child turning 18 partner visa application lodged without dependency evidence invites a request for information at best and a refusal of the child at worst.

Child turns 18 after lodgement but before the temporary visa decision

This is the most common child turning 18 partner visa timeline, and the one most often mishandled. At lodgement the child was under 18, so age was enough. By the time of decision on the temporary visa, the child is 18 or older. Because clause 820.321 and the equivalent offshore and Subclass 300 criteria look at the family unit at the time of decision, the child must then be dependent. The decision maker will apply the regulation 1.05A test as at the date of decision, looking back over a substantial period before that date.

Processing of partner visas can take a long time, so a child who was 15 or 16 at lodgement may well be 18 by the time a case officer reaches the file. The guide to how long the onshore partner visa takes explains why timing is hard to predict. A family cannot rely on the decision being made before the birthday. The safe approach is to assume that the child turning 18 partner visa test will apply and to prepare for it.

Child turns 18 after the temporary visa is granted

If the child turns 18 after the temporary visa has been granted, the position is much better. The child already holds a Subclass 820 or Subclass 309 visa as a member of the family unit. As the next part of this guide explains, the Department's own policy states that the permanent stage does not require the secondary applicant to have remained dependent or a member of the family unit at the time of the permanent decision. This is the single most important point in child turning 18 partner visa planning, and it is widely misunderstood.

Can a child be added to a partner visa application before turning 18?

Yes. Regulation 2.08B allows a dependent child to be added to an undecided Subclass 820, Subclass 309 or Subclass 300 application at the applicant's written request, if the regulation's requirements are met. The Department's policy refers to Form 1436 for this purpose. A child who is added must still meet the child turning 18 partner visa rules at the time of decision, so adding a 17 year old late in processing does not avoid the dependency test if the birthday falls before the temporary visa is decided. Families who have not yet included a child should get advice early, because the order of steps affects the outcome. The guide to the partner visa document checklist lists the identity and relationship documents usually needed for each child.

Does a child turning 18 need to show dependency at the permanent stage?

No. Under the Department's own policy, a secondary applicant who already holds a Subclass 820 or Subclass 309 visa does not need to have remained dependent, or a member of the family unit, at the time of the permanent visa decision. Clause 801.321 and clause 100.321 require the child to hold the temporary visa granted on the family unit basis, and the parent to be granted the permanent visa, but they do not repeat the dependency test.

The Department's procedural instructions for both the Subclass 801 and the Subclass 100 visa contain a section headed "Time of decision: no need to assess dependency or membership of the family unit". The instructions state that there is no requirement for an applicant seeking to satisfy the secondary criteria to have remained a member of the family unit of, or dependent on, the primary applicant, and that delegates therefore do not need to assess those criteria at the time of decision. For a child turning 18 partner visa family, this means the birthday that falls after the temporary visa grant does not create a new dependency hurdle for the permanent visa.

This is why the timing of the temporary visa grant is so important in child turning 18 partner visa planning. If the temporary visa is granted while the child is 17, the dependency question may never arise. If the temporary decision is made after the child turns 18, dependency must be proven at that point, but once the temporary visa is granted on that basis, the same test is not repeated at the permanent stage.

Why this point is so often misunderstood

Many families assume that a child must remain a dependent child all the way to permanent residence. That assumption leads to unnecessary worry, and sometimes to poor decisions, such as a young adult turning down a job or delaying a relationship because the family believes the permanent visa depends on it. It also leads to the opposite mistake, where a family assumes that a child who was included at lodgement is safe even though the temporary visa has not been decided and the child has turned 18 in the meantime.

The correct child turning 18 partner visa position sits between those two errors. Dependency matters at the time of application and at the time of the temporary visa decision. It is not reassessed at the permanent stage under clause 801.321 or clause 100.321. The guide to the onshore partner visa describes the two stages in more detail.

What still applies at the permanent stage

The permanent stage is not automatic. The child must still meet the other criteria that apply at that time, including the public interest criteria for health and character that the Subclass 801 or Subclass 100 secondary criteria require. The Department's Subclass 100 instructions note that members of the family unit may need to provide current police certificates, including where they have reached an age requiring them to meet the character criteria since the Subclass 309 visa was granted. A child who was 15 at the temporary stage may therefore need police certificates at the permanent stage as an adult.

The duty to notify changes also continues. Section 104 of the Migration Act 1958 requires applicants to tell the Department about changes in circumstances that make an answer in the application incorrect. The Department's Subclass 100 instructions expressly mention changes in the composition of the family unit, such as a change in relationship status. A young adult who marries or enters a de facto relationship after the temporary visa grant should report it through the proper channel. The Form 1022 change of circumstances guide explains how. The instructions also state that cancellation of a family member's visa may be considered where there is substantiated evidence of migration fraud affecting the original decision to accept that person as a member of the family unit. Accurate information at the temporary stage is therefore essential to protecting the child at the permanent stage, and the visa cancellations page explains the firm's work in that area.

What adult requirements start around 18?

Several requirements that do not apply to young children begin to apply as a child approaches or passes 18, including police certificates, character questions, and the Australian values statement. Each has its own trigger, and the triggers are not all the same age, so a child turning 18 partner visa file should be checked against each requirement separately.

Police certificates and character

Police certificates are required for each applicant from an age set by the Department, and that age is below 18. Every applicant must satisfy the character requirements in the public interest criteria, and for teenagers and adults the Department usually asks for police certificates from each country where the person has lived for the period the Department specifies. A child who was too young to need police certificates at lodgement may need them before the temporary decision, or at the permanent stage, simply because the child has grown older during processing.

Police certificates take time to obtain, especially from overseas, and some countries require the applicant to apply in person or through an embassy. In a child turning 18 partner visa case, ordering certificates early prevents the child from becoming the reason the whole family's decision is delayed. The urgent immigration lawyer advice guide lists the documents worth gathering before speaking to a lawyer.

Form 80 and personal particulars

The Department may ask an adult applicant to complete Form 80, the personal particulars form for character assessment. Form 80 asks for a detailed history of addresses, travel, education, employment, military service and other matters. A young adult who has just finished school usually has a short history, but it must still be complete and consistent with the rest of the application. The Form 80 guide explains how to complete it without errors. Inconsistent dates between Form 80 and the main application are a common reason for requests and, at worst, for integrity concerns under public interest criterion 4020.

The Australian values statement

The Australian values statement is tied to public interest criterion 4019, and for partner visas it applies to applicants who had turned 18 at the time of application. Paragraph 820.224(1)(b), for example, requires the primary applicant to satisfy PIC 4019 if the applicant had turned 18 at the time of application. The secondary criteria for children contain a similar age-based requirement. In practice, applicants aged 18 or over sign or agree to the statement as part of the application.

This creates an important child turning 18 partner visa detail. A child who was under 18 when the application was lodged may not have agreed to the values statement, because it did not apply to them at that time. The age is fixed at the date of application, not at the date of decision. The Department may still write to the family about it, and if it does, the family should respond promptly. The Department's own instructions for PIC 4019 say that officers should send a written request to sign the relevant statement where one is required and has not been signed, rather than refusing straight away.

Health examinations

Health requirements apply to every applicant, and the type of examination depends partly on age. A child who was examined at 15 may face different tests at 18 if a new examination is required. Health results also expire. In a long running child turning 18 partner visa case, the family should expect that some health examinations may need to be repeated before the decision. This is not a reason for concern, but it is a reason to keep the household's documents organised.

How do study, work and relationships affect a child turning 18 partner visa?

Study, work and relationships affect a child turning 18 partner visa only through the dependency test, and only at the points where that test applies. Study usually supports dependency, because a full-time student often relies on parents for food, clothing and shelter. Full-time work can weaken dependency if the young adult's income covers their own basic needs. A marriage, engagement or de facto relationship ends dependent child status entirely.

Starting university, TAFE or other study

A young adult who continues full-time study after school will often remain financially reliant on the parent. Study by itself is not part of the legal test, but it explains why the child does not support themselves. Evidence of enrolment, attendance and the family's payment of fees, rent, food and transport helps show the regulation 1.05A reliance. Families should keep records that show who pays for what. The evidence detail belongs in a separate article on dependency evidence, but the general point is that study and dependency usually fit together well.

Starting work

Starting work at 18 does not automatically end dependency. Part-time or casual work that pays for small personal expenses may leave the parent as the main source of support for food, clothing and shelter. The question is whether the child remains wholly or substantially reliant on the parent and whether that reliance is greater than any other source. Full-time work that pays enough to cover rent and living costs points the other way.

In a child turning 18 partner visa case, the timing of a job matters as much as the job itself. A young adult who starts full-time work after the temporary visa has been granted is in a very different position from one who starts the same job a few months before the temporary decision. Work rights also depend on the visa the child holds. The guide to work rights while a Subclass 820 visa is pending and the Bridging visa A guide explain those rules. Parents should not tell a young adult to refuse work. They should get advice on timing and record the true financial arrangements accurately.

Moving out of the family home

Living apart from the parent does not automatically end dependency. A young adult studying in another city may still rely on the parent to pay rent and living costs. However, moving out to live independently, with the young adult paying their own way, usually points against dependency. The household arrangements should be explained in the evidence, and they must be consistent with the addresses given in forms. Inconsistent address histories are a frequent reason for requests for more information.

A new partner, engagement or marriage

A young adult who becomes engaged, marries or enters a de facto relationship is no longer a dependent child or a member of the family unit under regulation 1.12, whatever the financial position. This is a bright line. If it happens before the temporary visa decision, the child cannot be granted the temporary visa as part of the family unit. If it happens after the temporary visa grant, the Department's policy does not require continued membership of the family unit at the permanent stage, but the change should still be notified. Any child turning 18 partner visa plan must therefore include an honest conversation with the young adult about relationships, and accurate disclosure of the position at each stage.

Child turning 18 partner visa evidence: the short version

Child turning 18 partner visa evidence must show financial reliance on the parent for basic needs, over a substantial period, that is greater than any other source of support. The strongest evidence comes from ordinary records made at the time, not from documents prepared for the visa.

Useful categories usually include proof of who pays rent or mortgage costs for the home where the child lives, bank records showing regular transfers or payments for the child, evidence that the parent pays education and transport costs, and evidence of the child's own income, if any, so the decision maker can compare it with the parent's support. A short written explanation of the household's finances can tie the documents together. The Department may also accept evidence from the young adult explaining their situation.

This guide does not set out a full evidence list, because evidence for a dependent adult child is a topic in its own right. The general principles of presenting evidence well are in the guide to preparing evidence of a genuine relationship and the 820 partner visa evidence checklist. Those guides focus on the couple's relationship, which is assessed under four aspects: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Dependency of a child is a separate test with its own evidence, but the same habits of clear labelling, date order and consistency apply.

Evidence must be consistent with the main application

In any child turning 18 partner visa case, the child's evidence must match what the parents have said elsewhere. If the relationship statement describes the household, the child's place in it should be described the same way. The guide to writing a partner visa relationship statement explains how that single statement is used. If Form 888 supporting witness statements mention the family, the details should line up. The guide to Form 888 for partner visas and the Form 888 example answers explain what those witnesses should cover. Consistency protects the whole family, because an inconsistency about the child can lead a decision maker to doubt other parts of the application.

What are the common child turning 18 partner visa mistakes?

The most common child turning 18 partner visa mistakes are assuming the child is safe because they were included at lodgement, failing to keep dependency records, and failing to report changes. Each of these is avoidable with planning.

Assuming inclusion at lodgement is the end of the matter

Inclusion at lodgement only satisfies the time of application test. The time of decision test for the temporary visa is separate. Families who do not understand this are often surprised by a request for dependency evidence that arrives after the birthday. The guides to why partner visas get refused and the most common Subclass 820 refusal reasons explain how avoidable gaps in a file lead to refusals.

Relying on statements without records

A statement from a parent that a child is dependent is helpful, but on its own it is weak. Decision makers look for records showing who actually paid for the child's basic needs over a substantial period. A child turning 18 partner visa file that consists only of statements, with no bank records, rent records or education payments, may not persuade a decision maker.

Not reporting a change because it looks unhelpful

Some families worry that reporting a job or a new relationship will harm the application. Failing to report it is the greater risk. If the Department later finds that an answer was incorrect and was not corrected, the consequences can extend beyond the child to the whole family's credibility.

Changing representatives or lodging without advice at the critical point

Families who lodged the partner application themselves can still get advice when a child approaches 18. The guide to hiring an immigration lawyer after lodging your own visa application explains how that works, and the Form 956 and 956A guide explains how a representative is appointed. A family that already has a representative but is unsure about the child turning 18 partner visa position can ask for an immigration lawyer second opinion.

What if the parents' relationship changes while the child turns 18?

If the parents' relationship ends while the application is being processed, the child's position follows the primary applicant's position. A child is included as a member of the family unit of the person who satisfies the primary criteria. If the primary applicant cannot be granted the visa, the child usually cannot be granted it as a secondary applicant either.

The partner visa law contains special provisions for some situations where the relationship has ended, including family violence and certain cases involving children of the relationship. The family violence partner visa page explains the family violence provisions, and the guide to relationship breakdown during a Subclass 820 application explains the wider options. In a child turning 18 partner visa case where the relationship has also changed, both issues need advice at the same time, because the child's dependency and the parent's eligibility interact.

What should parents do before the 18th birthday?

Before the 18th birthday, parents should work out which stage the partner application will be at when the child turns 18, and start keeping dependency evidence well before that date. The single best protection in a child turning 18 partner visa case is time: evidence of reliance over a substantial period can only be built by keeping records as life happens.

A practical child turning 18 partner visa plan before the birthday usually includes these steps.

• Confirm the child's exact date of birth on the passport and birth certificate, and confirm that every form uses the same date.
• Identify whether the child will turn 18 before lodgement, before the temporary visa decision or after the temporary visa grant.
• Begin keeping records of the parent's payments for the child's housing, food, clothing, education and transport.
• Order police certificates early if the child is close to the age at which the Department requires them.
• Check that the child is not engaged, married or in a de facto relationship, and record the position accurately.
• Keep the child's school or study enrolment records together with the family's other evidence.

These steps cost little and save a great deal. A family that starts keeping records when the child is 16 will have a substantial period of evidence by the time a decision maker looks at dependency. A family that starts the week after a request arrives will not.

Should the application be lodged before the child turns 18?

Lodging before the 18th birthday helps only partly. If the child is under 18 at lodgement, the time of application test is met on age alone. But the temporary visa decision will still test the family unit at the time of decision, so if processing runs past the birthday, dependency must still be shown then. Lodging early is often sensible for other reasons, but it does not remove the child turning 18 partner visa issue. Families who are deciding whether to lodge now or later should get advice that considers the whole household, including any eligibility issues for the main applicant. The guide on whether you need a partner visa lawyer and the comparison of a partner visa lawyer and doing it yourself explain when advice adds most value.

Should the family ask the Department to decide before the birthday?

A family may tell the Department that a child is approaching 18, and some families choose to do so when the temporary decision is close. The Department is not obliged to decide by a particular date, and there is no general right to have an application decided before a child's birthday. Any request should be accurate and respectful, and it should not be presented as a demand. Most importantly, the family should prepare as though the decision will be made after the birthday, because it often is.

What should parents do after the 18th birthday?

After the 18th birthday, parents should make sure the Department has, or can promptly receive, evidence that the child is dependent, and should report any change that makes an earlier answer incorrect. The child turning 18 partner visa obligations after the birthday are mostly about evidence and notification.

Upload dependency evidence and keep it current

If the temporary visa has not yet been decided, the family should consider uploading dependency evidence to ImmiAccount without waiting for a request, so that the case officer can see it when the file is reached. The ImmiAccount guide explains how the online account works. Evidence should be updated if processing continues for a long time, because dependency is tested at the time of decision, looking back over a substantial period before that date.

Notify changes under section 104

Section 104 of the Migration Act 1958 requires applicants to notify changes in circumstances that make an answer in the application incorrect. A young adult starting full-time work, moving out, becoming engaged, marrying or entering a de facto relationship may all be relevant. Form 1022 is the usual way to report these changes. A child turning 18 partner visa family should not hide a change because it might be unhelpful. Concealment can create integrity problems under public interest criterion 4020 that are far worse than the change itself.

Respond fully to requests

If the Department asks for more information about the child, the family must respond within the time given. Deadlines for responses are short and strictly applied. The guide to responding to a section 56 request explains how to answer a request for more information. If the Department instead sends a letter inviting comment on adverse information, the section 57 natural justice letter guide explains that different process. In a child turning 18 partner visa matter, a well prepared response to the first request is often the point where the child's place in the application is secured or lost.

What happens if the child no longer qualifies?

If the child no longer qualifies as a dependent child or member of the family unit at the time of the temporary visa decision, the child can be refused while the parent is granted. The parent's own partner visa does not normally fail because the child's does. The child then needs another visa pathway or a review of the refusal.

A refusal of the child is a decision that can usually be reviewed. If the child is in Australia and the decision is reviewable, an application can be made to the Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal on 14 October 2024. Review deadlines are short and strictly applied, so the family must act as soon as the decision is received. The guide to what to expect at an ART review and the guide to partner visa refusal appeal options explain the process. The firm's partner visa refusals page and visa refusals page describe how it assists, and the visa appeal lawyer guide explains when legal help matters most at review.

What the Tribunal remittal cases show

Several Tribunal decisions in partner visa matters that were remitted to the Department touch on the same issues. In PHAM (Migration) [2020] AATA 6062, a Subclass 309 matter, the reported issue was whether the visa applicant was a dependent child, being a dependent of the family head as defined in regulation 1.05A. In 2014446 (Migration) [2022] AATA 137, also a Subclass 309 matter, the reported issues concerned secondary visa applicants as dependants and members of the family unit, the absence of employment, and the review applicant's financial support for the family. In Haynes (Migration) [2020] AATA 3293, a Subclass 820 matter, the reported issues concerned an additional applicant who was a dependent child of the primary applicant, permission to migrate under the law of the home country, and parents' consent. Each of these matters was remitted to the Department for reconsideration. They show that dependency and family unit questions are reviewable, and that the evidence presented on review can matter.

Separate visa options in general terms

Where a young adult cannot remain in the partner application, other visas may be available depending on the person's circumstances. A young adult who wants to study may consider a student visa. Some may be eligible for a skilled or employer sponsored visa later. Where the parent already holds a temporary partner visa and the child was not included, the Subclass 445 Dependent Child visa may be relevant, but it also requires the child to be a dependent child. Each option has its own criteria, and some young adults face restrictions if they are in Australia without a substantive visa, including the Schedule 3 criteria explained in the Schedule 3 partner visa guide, or a no further stay condition explained in the condition 8503 guide. The guide to bridging visas in Australia explains how a young adult's lawful status may continue while a decision or review is pending.

The right pathway depends on the young adult's age, study plans, work history, location and visa history. This is a point where general information runs out and individual advice is needed. The guide to applying for a partner visa after a visa refusal also shows how earlier refusals can affect later applications, which is relevant if the young adult later applies for a visa in their own right.

Child turning 18 partner visa timelines: three hypothetical scenarios

The following hypothetical scenarios are illustrations only. They are not real clients and they do not predict any outcome. They show how the same birthday produces different child turning 18 partner visa results depending on the stage.

Hypothetical one: birthday after the temporary grant

A mother lodges an onshore partner application with her 15 year old son included. The Subclass 820 visas are granted when he is 16. He turns 18 during the waiting period for the Subclass 801 visa and starts full-time work. Under clause 801.321 and the Department's policy, he does not need to show continued dependency at the permanent stage. The family reports the change of circumstances, provides his police certificates when asked, and the permanent stage is assessed on its usual criteria.

Hypothetical two: birthday before the temporary decision

A father lodges an offshore partner application with his 17 year old daughter included. The temporary decision is made when she is 18 and in her first year at university. Because the Subclass 309 secondary criteria test the family unit at the time of decision, she must be dependent. The family has kept records of rent, food and university costs since she was 16, uploads them before the case officer reaches the file, and the dependency question is assessed on that evidence.

Hypothetical three: a new relationship before the temporary decision

A mother's 18 year old son moves in with his girlfriend shortly before the temporary decision. If that relationship is a de facto relationship, he is no longer a member of the family unit under regulation 1.12, whatever his finances. The family must report the change accurately. The son may need separate advice about his own visa options, while the mother's application continues on its own merits.

How My Migration Lawyers plans a child turning 18 partner visa timeline

My Migration Lawyers plans the timeline for families with a child approaching 18 so that the birthday is anticipated, not discovered. The firm handles complex partner cases of this exact type, acts in many partner matters that include teenage and young adult children, and is capable of managing the dependency, character and notification issues that a child turning 18 partner visa case raises. No outcome can be promised in any matter, but careful planning helps make sure the family's evidence is ready when the Department considers it.

The firm's work is led by Weiwei Zhang, Principal Lawyer. More about the firm and how it works is on the About My Migration Lawyers page, and the firm's partner services are described on the partner visa lawyers page. Families anywhere in Australia can work with the firm by video, including through the partner visa lawyers Sydney, partner visa lawyers Melbourne, partner visa lawyers Brisbane, partner visa lawyers Perth and partner visa lawyers Adelaide pages, as well as the Gold Coast, Canberra, Hobart and Parramatta partner visa lawyers pages. The guide to what happens at an immigration lawyer consultation explains how a first meeting about a child turning 18 partner visa timeline works.

What the firm does on a child turning 18 partner visa case, step by step

First, the firm reviews the passports, birth certificates and application records to confirm every child's date of birth and the stage of the partner application. Second, it maps the timeline: when each child turns 18, which criteria apply at the time of application and the time of decision, and whether the permanent stage will reassess the family unit. Third, it advises the family on which dependency records to keep and how to keep them from that point on, using the family's own financial records as they occur. Fourth, it checks the adult requirements, including police certificates, Form 80 and the values statement, and arranges for them to be ready before they are requested. Fifth, it prepares and lodges any notification of changed circumstances accurately. Sixth, it responds to any request from the Department and, if a child is refused, advises on review and on separate visa pathways in good time.

Throughout, the firm presents the family's own account and documents in the form the law requires. It does not create dependency where none exists, and it advises plainly when a young adult is unlikely to qualify, so that the family can plan another pathway early.

Book a consultation about a child turning 18 partner visa timeline

If your child is approaching 18 while your partner application is being processed, or has already turned 18, early advice can make a real difference to how the family prepares. Book a Consultation to have your family's child turning 18 partner visa timeline reviewed. You can also call 1300 040 300.