Partner Visa Dependent Children Over 18

Can a partner visa dependent child over 18 be included in the application?

Yes. A partner visa dependent child over 18 can be included in a partner visa application as a secondary applicant, but only if the child meets the legal definition of a dependent child. Turning 18 does not end a child's eligibility on its own. What changes at 18 is the test. A child under 18 qualifies by age alone. A partner visa dependent child over 18 qualifies only if they are dependent on the applicant or the sponsor in the strict sense set out in the Migration Regulations 1994, and only if they are not married, engaged or in a de facto relationship.

That difference matters. Many families assume that because an adult son or daughter still lives at home, still calls the applicant "mum" or "dad" and still eats at the family table, the child is automatically part of the application. That assumption is wrong. A case officer will ask a narrower question: who pays for this young adult's food, clothing and shelter, for how long has that been the case, and is that support greater than any other source of support the child has? If the answer to any part is unclear, the partner visa dependent child over 18 is at risk of refusal.

This guide explains who still qualifies and why older children are refused. It covers the legal definitions, the "greater reliance" test, the common family situations that succeed and fail, how support from the sponsor is treated, what the Administrative Review Tribunal (ART) has looked at in remitted decisions, what happens if the child does not qualify, and how a child may be added later. For the full picture of partner pathways, start with the complete guide to partner visas in Australia. For the main onshore pathway, see the Subclass 820 partner visa page, and for applications made outside Australia, see the Subclass 309 offshore partner visa page.

Which partner visas allow a dependent child over 18?

The same rules apply across the partner and prospective marriage family of visas. A partner visa dependent child over 18 may be included with a parent applying for the onshore Subclass 820 and permanent Subclass 801 visas, the offshore Subclass 309 and permanent Subclass 100 visas, or the Subclass 300 Prospective Marriage visa. The difference between the two onshore stages is explained in the guide to Subclass 820 vs Subclass 801. In each case the adult child applies as a secondary applicant. The child does not have to prove a relationship with the sponsor in the way the main applicant does. The child has to prove that they are a dependent child of the main applicant, or of the main applicant's spouse or de facto partner.

Why the partner visa dependent child over 18 question matters early

The decision to include an adult child is made when the application is lodged. That is also the point at which dependency is first tested. A family that includes a partner visa dependent child over 18 without checking the definition may pay for an application the child cannot succeed in, and may face a refusal decision for the child on the record. A family that leaves out an adult child who would have qualified may lose the simplest pathway that child had. Both mistakes are avoidable with a proper assessment before lodgement. The firm's partner visa lawyers carry out that assessment as part of preparing the application. The guide to when you need an immigration lawyer for a partner visa and the comparison of a partner visa lawyer and doing it yourself explain where a partner visa dependent child over 18 makes an application more complex.

What is a dependent child for a partner visa?

A dependent child, for a partner visa, is a child or step-child of the applicant or of the applicant's spouse or de facto partner who is not engaged to be married and does not have a spouse or de facto partner, and who is either under 18, or over 18 and dependent on that parent or step-parent. The definition sits in regulation 1.03 of the Migration Regulations 1994. Regulation 1.12, which defines a member of the family unit, uses the same structure. The secondary criteria for the Subclass 820 visa in clause 820.311 refer directly to the regulation 1.03 definition of dependent child.

Broken into parts, a partner visa dependent child over 18 must satisfy each of the following elements:

• the person is a child or step-child of the main applicant, or of the main applicant's spouse or de facto partner;
• the person is not engaged to be married;
• the person does not have a spouse;
• the person does not have a de facto partner; and
• the person is dependent on the main applicant, or on the main applicant's spouse or de facto partner, within the meaning of regulation 1.05A.

Each element is a separate requirement. A child who is clearly dependent but is engaged fails the definition. A child who is single but working full time and paying their own rent fails the definition. A step-child who is single and dependent, but who is not the child of the main applicant's current partner, may also fail. A case officer does not weigh these elements against each other. The partner visa dependent child over 18 must meet all of them.

The age limit for a partner visa dependent child over 18

There is also an upper age limit. Under regulation 1.12(2)(b), a child who has turned 18 but has not turned 23 can be a member of the family unit if they are dependent. A child who has turned 23 can be a member of the family unit only if they are dependent because they are incapacitated for work, under regulation 1.05A(1)(b). The cut-off at 23 is covered in a separate guide in this series. A related guide also explains what happens when a child turns 18 while the application is being prepared or is being processed. This guide focuses on the substantive question: whether a partner visa dependent child over 18, and under the upper limit, is dependent at all.

Why being engaged or partnered excludes a child completely

The exclusion for children who are engaged, married or in a de facto relationship is absolute. It applies to a child of any age. It does not matter how much the parent supports the child, how young the child is, or whether the child's own relationship is recent. If the partner visa dependent child over 18 is engaged to be married or has a spouse or de facto partner at the relevant time, they are not a dependent child for migration purposes. The Department's own applicant guidance for partner visas states the same rule plainly: a child of any age is not considered dependent if he or she is married, in a de facto relationship or engaged to be married.

This catches families by surprise. An adult daughter who became engaged a few months before lodgement, or an adult son living with a girlfriend in a relationship that could be described as de facto, may have taken herself or himself outside the definition. The meaning of a de facto relationship is explained in the guide to the de facto partner visa and the 12-month rule. The same legal test that defines the main applicant's relationship can also exclude the adult child.

What does "dependent" mean under regulation 1.05A?

Under regulation 1.05A(1)(a), a person is dependent on another person if, at the time dependency must be established, 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 their basic needs for food, clothing and shelter, and that reliance is greater than their reliance on any other person or source of support for those needs. Regulation 1.05A(1)(b) provides a second, separate route: a person is dependent if they are wholly or substantially reliant on the other person for financial support because they are incapacitated for work due to the total or partial loss of bodily or mental functions.

This is the definition that decides almost every partner visa dependent child over 18 case. It is financial and it is specific. Emotional closeness, living in the same house, sharing family meals or being "part of the family" do not by themselves satisfy it. The protection visa rules use a broader test that includes psychological or physical support, but that broader test does not apply to partner visas. For a partner visa, the support must be financial support for basic needs.

The four elements of financial dependency

Read closely, regulation 1.05A(1)(a) contains four elements that a partner visa dependent child over 18 must satisfy together.

First, the reliance must be "wholly or substantially". "Wholly" means all of the child's support for basic needs comes from the parent or step-parent. "Substantially" means a considerable or real proportion of it does. A small contribution, such as occasional gifts, a phone plan or help with one bill, will not usually be enough on its own.

Second, the reliance must be for "basic needs for food, clothing and shelter". Support for extras, such as holidays, a car or entertainment, is not the focus. The question is who keeps a roof over the child's head, food on the table and clothes on their back.

Third, the reliance must have existed "for a substantial period immediately before" the relevant time. Dependency that begins shortly before lodgement, for example because a child resigned from a job so that they could be included, is unlikely to satisfy this element. The regulation does not set a fixed period. The case officer looks at the child's history.

Fourth, the reliance on the parent must be "greater than any reliance" on any other person or source. This is the comparative test, and it is where many applications fail. It is explained in its own section below.

Dependent on whom: the applicant or the sponsor

Dependency can be on the main applicant or on the main applicant's spouse or de facto partner. In a partner visa, the main applicant's partner is usually the sponsor. That means a partner visa dependent child over 18 can satisfy the definition through support from their own parent, from their step-parent who is the sponsor, or from the couple together. This is covered in more detail in the section on support from the sponsor.

The greater reliance test for a partner visa dependent child over 18

The greater reliance test asks whether the adult child relies on the applicant or the sponsor for basic needs more than on anyone or anything else. It is a comparison. The case officer identifies every source of support the child has, such as wages, government benefits, scholarships, support from the other parent, support from grandparents or other relatives, savings or income from property, and then asks which source is the greatest. If any other source is greater than the support from the applicant or sponsor, the partner visa dependent child over 18 is not dependent within regulation 1.05A, even if the parent's support is significant.

Common situations that fail the greater reliance test

Several family situations regularly fail the comparison. The adult child earns wages that cover most of their own rent and food. The adult child lives with the other biological parent, who pays for housing and food, while the applicant sends money each month. The adult child lives with grandparents in the home country and the grandparents provide the house and meals. The adult child receives a government payment or scholarship in their own name that meets most of their basic costs. In each case the parent may contribute a great deal, and the family may sincerely regard the child as dependent, but the law looks for the greatest source of support.

How the comparison is shown

A case officer usually needs to see the whole financial picture of the adult child, not only the transfers from the parent. That means the child's own income, if any, their living arrangements, who owns or rents the home they live in, and who pays the bills. A file that shows only bank transfers from the applicant, with no evidence of the child's other circumstances, often leaves the decision maker unable to be satisfied that the applicant's support is greater than any other source. A separate My Migration Lawyers guide explains the records and documents that best show dependency. The 820 partner visa evidence checklist and the Subclass 820 requirements and documents guide show where dependency material sits in the wider file for a partner visa dependent child over 18. The guidance on general partner visa document preparation also shows how dependency evidence sits alongside the rest of the application.

The partner visa dependent child over 18 and the other parent

The other biological parent is often the decisive factor. Where the parents separated many years ago, the adult child may have lived with the other parent for most of their life. If the other parent has provided housing and food, the applicant's financial support, however regular, may be secondary. Where the other parent provides little or nothing, the applicant's support may be the greatest source. The answer turns on facts, and each partner visa dependent child over 18 must be assessed on their own facts.

Who can the adult child depend on: the applicant or the sponsor?

The adult child can depend on the main applicant, on the main applicant's spouse or de facto partner, or on both of them together. Regulation 1.12(2)(b)(ii) expressly refers to a child who is dependent "on the family head or on the spouse or de facto partner of the family head". In a partner visa, the family head is the main applicant and the spouse or de facto partner is normally the Australian sponsor. That means support provided by the sponsor counts.

This is important for many families. The main applicant may not have worked for some time, for example because they have been in Australia on a Subclass 010 Bridging A visa while waiting for a decision (the guide to work rights while a Subclass 820 visa is pending explains the conditions), or because the couple decided that the sponsor would be the main earner. In that situation the money that supports the adult child may come from the sponsor's salary. That support is relevant to the dependency test. The Tribunal decision in Khadimi (Migration) [2022] AATA 116 concerned a secondary applicant whose financial dependency was said to be greater upon the sponsor than upon the primary applicant. That matter was remitted to the Department.

When support from the sponsor raises questions

Support from the sponsor can also raise questions. If the sponsor only began sending money to the adult child shortly before lodgement, the "substantial period" element may not be met. If the sponsor's support is described inconsistently in the relationship statement, the sponsorship forms and the dependency material, the case officer may doubt both. The financial aspects of the couple's own relationship are one of the four assessed aspects of the main relationship, alongside the nature of the household, social aspects and the nature of the commitment. Evidence that the couple jointly support the adult child can help both parts of the application, but only if it is accurate and consistent. The guide to partner visa relationship evidence explains the four assessed aspects.

Support from the couple together

The most persuasive files often show that the couple, as a household, support the adult child. The child lives in the couple's home or in housing the couple pay for. Groceries come from the household budget. Clothing, transport and study costs come from one or both partners. That pattern sits comfortably within the definition and also reflects a shared household, which is part of how the main relationship is assessed. The Tribunal decision in 2014446 (Migration) [2022] AATA 137 concerned secondary applicants who had no employment and the review applicant's financial support for the family. That matter was remitted to the Department.

For the main relationship itself, the couple's evidence must meet its own standard. The guides to preparing evidence of a genuine relationship and the partner visa relationship statement explain that standard. The dependency of a partner visa dependent child over 18 is assessed separately, but the two sets of evidence are read together.

Which adult children usually qualify as a partner visa dependent child over 18?

The adult children who most often qualify are young adults who are single, live with or are housed by the applicant or sponsor, have little or no income of their own, and have been supported by the parent for a long time without a break. A full-time student living at home is the clearest example. The adult children who most often fail are those who work enough to support themselves, live independently, are supported mainly by someone else, or have their own partner. The sections below go through the common profiles one by one. Each partner visa dependent child over 18 is assessed on their own facts, so these profiles are a guide to risk, not a rule.

Full-time student living at home

A full-time student who lives with the applicant or sponsor and has no significant income is the strongest common profile. The student has an obvious reason for not supporting themselves. The parent pays for the home, food, clothing and usually tuition and transport. The support has normally existed since childhood and has continued without a break. For this profile the case officer is mainly looking for proof of enrolment, proof of the living arrangement and proof that the parent pays the costs.

Full-time study is not a magic phrase, however. A student who also works close to full-time hours, or who receives a scholarship or allowance covering most living costs, may not be dependent. The Tribunal decision in Wu (Migration) [2021] AATA 1566 concerned an adult child who was a secondary applicant to the father's partner visa, and the issue was dependency where the child was studying and not working. In NGUYEN (Migration) [2024] AATA 590 the issues were the dependency of secondary applicants aged over 18 who were in full-time vocational study, and their financial support. In 2015666 (Migration) [2022] AATA 1733 the issues included dependency at the time of application and full-time studies. Each of these matters was remitted to the Department. Together they show that study is a common feature of partner visa dependent child over 18 cases that reach review.

Full-time student living away from home

A student who lives in another city for university, or in student accommodation, can still qualify if the parent pays for the accommodation, food and clothing. Living separately does not break dependency by itself. The question remains who pays. The evidence must show that the rent or accommodation fees, and the living costs, are paid by the applicant or sponsor and not mainly by the student's own work, a scholarship or another relative.

Unemployed adult child

An adult child who is not studying and not working can qualify, but the case officer will look harder at this profile. The question the decision maker asks is why a healthy young adult is not supporting themselves, and for how long the parent has been meeting their basic needs. An adult child who finished study recently and is looking for work, and who has always been supported by the parent, presents differently from an adult child who stopped working shortly before lodgement. The second situation may fail the "substantial period" element. A partner visa dependent child over 18 who is unemployed should have a clear and consistent history showing that the parent has supported them throughout.

Adult child working part time

Part-time or casual work does not automatically defeat dependency. The question is whether the child's own income meets a substantial part of their basic needs, and whether the parent's support is still greater than the child's own income and any other source. A student who works a few hours a week for spending money, while the parent pays rent, food and clothing, may remain dependent. A young adult who works most days and pays their share of rent and food may not be.

Accurate disclosure of the work is essential. Case officers check employment history against the forms, tax records and other material. The Tribunal decision in Soboh (Migration) [2026] ARTA 1955 concerned an issue of misleading information about the employment details of a secondary applicant and income from casual employment. In Chun (Migration) [2023] AATA 2020 the issue was whether a child over 18 was dependent on the primary applicant mother, having regard to the child's study and irregular work in the home country and the documents provided. In Kozono (Migration) [2018] AATA 5298 the issues were whether the primary applicant mother's children were dependent for a "substantial period" before and at the time of application, and their employment arrangements. Each matter was remitted to the Department. For a partner visa dependent child over 18 who works, the work must be declared fully and the financial comparison must be shown accurately.

Adult child living separately and working

An adult child who lives in their own rented accommodation, pays their own rent from their own wages and buys their own food is very unlikely to be dependent, even if the parent sends regular money. In that situation the child's own income is usually the greatest source of support. Families sometimes include such a child because the parent sends money every month and the family regards that support as important. Unless the parent's support is greater than the child's own income, the child does not meet regulation 1.05A(1)(a). This is the profile that most often leads to a refusal for a partner visa dependent child over 18.

Adult child living with other relatives

An adult child who lives with grandparents, an aunt or uncle, or the other biological parent presents a different risk. The relative who provides housing and meals may be the greatest source of support. The applicant's transfers must then be large and regular enough to be greater than that housing and food. The Tribunal decision in Kavanagh (Migration) [2018] AATA 2125 concerned whether an applicant over 18 was a dependent child who was financially dependent on the mother, with evidence of money transfers. In 1932917 (Migration) [2020] AATA 5477 the issue was whether a secondary applicant was wholly or significantly financially reliant upon the primary applicant, with evidence of money transfers. Both matters were remitted to the Department. Money transfers are common evidence, but they must be read against the child's whole living situation.

Adult child who is married, engaged or in a de facto relationship

An adult child who is married, engaged to be married or in a de facto relationship is excluded from the definition of dependent child, whatever their financial position. This exclusion is in the opening words of the definition in regulation 1.03 and in regulation 1.12(2)(b). It cannot be overcome by evidence of support. A partner visa dependent child over 18 who marries or becomes engaged after lodgement may also cease to meet the definition at the time of decision. The Tribunal decision in Kahsay (Migration) [2019] AATA 4631 concerned whether a secondary applicant was a member of the primary applicant's family unit, and whether the secondary applicant was in a spousal or de facto relationship. That matter was remitted to the Department.

Families should be careful with informal relationships. A young adult who lives with a boyfriend or girlfriend, or who has a religious or customary engagement, may be regarded as engaged or in a de facto relationship. The facts must be considered against the legal definitions before the application is lodged, not after a case officer raises them.

Adult child who is incapacitated for work

An adult child who cannot work because of a total or partial loss of bodily or mental functions can be dependent under regulation 1.05A(1)(b). This route does not require the "greater reliance" comparison or a "substantial period". It requires that the child is wholly or substantially reliant on the parent for financial support because of the incapacity. It is also the route that remains open after a child turns 23. Medical evidence is usually needed to show both the loss of function and its effect on capacity to work. The Tribunal decisions in Koblitz (Migration) [2021] AATA 476 and 2609288 (Migration) [2026] ARTA 1333 concerned adult children whose dependency was claimed in connection with incapacity for work. Both matters were remitted to the Department.

Stepchildren and adopted children

A step-child of the main applicant can be a dependent child if they are the child of the main applicant's current spouse or de facto partner and meet the dependency test. The definitions of step-child and adopted child have their own rules, and a separate guide in this series covers them. Adoption, particularly customary or informal adoption overseas, raises its own evidence and legal questions. Several remitted Tribunal decisions concerned customary adoption, including MOHAMMADI (Migration) [2022] AATA 1773 and Adel (Migration) [2021] AATA 4121. For a partner visa dependent child over 18 who is a step-child or adopted child, the relationship to the applicant must be proved first, and dependency second.

When is a partner visa dependent child over 18 tested for dependency?

Dependency is tested at the time of application and again at the time of decision. At the time of application, clause 820.311 requires the secondary applicant to be a dependent child of the main applicant, or a member of the family unit, and regulation 1.05A requires the dependency to have existed for a substantial period immediately before that time. At the time of decision, clause 820.321 requires the secondary applicant to be dependent on, or a member of the family unit of, the person who holds the Subclass 820 visa. The offshore Subclass 309 visa has equivalent secondary criteria.

Why both times matter

The double test catches two different problems. The first problem is a child who was not dependent when the application was lodged. Later changes do not cure that. If the adult child was working full time and living independently on the day of lodgement, leaving that job afterwards does not make them a partner visa dependent child over 18 at the time of application. The second problem is a child who was dependent at lodgement but whose circumstances change before the decision. An adult child who starts full-time work, moves out and becomes self-supporting, or becomes engaged, may no longer satisfy the time of decision criterion.

Partner visa processing can take a long time, and an adult child's circumstances are rarely frozen. Young adults finish courses, take jobs, move cities and form relationships. Each of those changes is a change of circumstances that must be notified to the Department. The guide to Form 1022 change of circumstances explains how to notify changes. A partner visa dependent child over 18 who stops being dependent during processing needs advice before the Department makes its decision. Families who lodged without help and now face this issue can read the guide to hiring an immigration lawyer after lodgement, and the guide to Form 956 and 956A explains how a representative is appointed.

Turning 18 and turning 23 during the process

Two age milestones affect the timing. A separate guide in this series explains what happens when a child turns 18 before lodgement or during processing, and a further guide explains the upper limit at 23 and the incapacity exception. The Tribunal decision in 2421153 (Migration) [2025] ARTA 2911 concerned an adult child secondary applicant aged 23 or older at the time of application, where younger siblings had been granted visas. That matter was remitted to the Department. For this guide, the key point is that the dependency test discussed here applies to a partner visa dependent child over 18 at each stage where they are assessed.

Dependency over the "substantial period"

The "substantial period" requirement looks backwards from the time of application. The regulation does not set a number of months or years. A case officer considers the child's history as a whole. A child who has been supported by the parent continuously since childhood, through school and into tertiary study, will usually satisfy this element easily. A child whose dependency began shortly before lodgement, or whose history shows long periods of independence, will not. The Tribunal decision in Discion (Migration) [2020] AATA 2391 concerned a secondary applicant on the mother's prospective marriage and partner visa applications, with issues of dependency at the time of application and for a substantial period before it, and the credibility of witnesses. That matter was remitted to the Department.

Which partner visa applications include an adult child?

In practice, a partner visa dependent child over 18 is most often included in three types of application. The first is an onshore Subclass 820 application where the main applicant came to Australia with the adult child, for example on visitor or student visas, and the couple then applied. The second is an offshore Subclass 309 application where the main applicant and adult child live together overseas and will migrate together. The third is a Subclass 300 Prospective Marriage visa where the main applicant has an adult child who will travel with them.

Onshore applications and the adult child's own visa status

In an onshore application, the adult child must usually be in Australia and must be able to apply. That raises the adult child's own visa status. If the adult child holds a visa with a "no further stay" condition, or has become unlawful, extra criteria may apply. Clause 820.312 applies to secondary applicants who do not hold a substantive visa when the application is made and refers to Schedule 3 criteria. The guides to Schedule 3 criteria for partner visas, Schedule 3 waivers and the 8503 no further stay condition explain those issues. A family that moves from visitor visas to a partner application should read the guide on moving from a tourist visa to a partner visa, and the guide to bridging visas in Australia explains the bridging visa each applicant may receive.

Offshore applications

In an offshore Subclass 309 application, the adult child is usually outside Australia with the main applicant. The dependency evidence comes from the home country: school or university records, rental or property records, household bills and bank records. Where the family lives in a cash economy or where banking is limited, the evidence must be assembled with particular care, so that a case officer can see clearly who pays for the child's food, clothing and shelter. The Tribunal decision in Tran (Migration) [2024] AATA 1677 concerned a secondary applicant, membership of the family unit, dependency and financial reliance. In Bahadori (Migration) [2019] AATA 469 the issue was whether a secondary applicant over 18 was "dependent" and a member of the same family unit. Both matters were remitted to the Department.

Sponsorship must include the adult child

The sponsorship must include the secondary applicant. Paragraph 820.311(b) requires that the sponsorship, if any, includes the applicant seeking to satisfy the secondary criteria. The sponsor's undertakings therefore extend to the partner visa dependent child over 18. Any sponsorship limitations that affect the sponsor also affect the whole application, including the child. The guide on who cannot sponsor a partner visa explains the sponsor bars.

Why is a partner visa dependent child over 18 refused?

A partner visa dependent child over 18 is usually refused because the decision maker is not satisfied that the child was dependent within regulation 1.05A, either because the child's own income or another person's support was greater, because the dependency had not existed for a substantial period, or because the evidence did not show the whole financial picture. Less often, the child is refused because they were engaged, married or in a de facto relationship, or because the information given about the child was inaccurate. Remitted Tribunal decisions show the issues that recur.

Refusal pattern 1: the child supports themselves

The most common pattern is an adult child with their own income. The child may work full time, run a small business or receive rental income. The parent may send money as well, but the child's own income is the greatest source of support. This pattern often appears where the family has included the child because the parent regards them as still part of the household, rather than because the legal test is met. The Tribunal decision in Kozono (Migration) [2018] AATA 5298, which concerned the employment arrangements of the primary applicant mother's children and whether they were dependent for a substantial period before and at the time of application, is an example of the issues that arise. That matter was remitted to the Department.

Refusal pattern 2: someone else provides more support

The second pattern is support from another person or source that is greater than the support from the applicant or sponsor. The other source is often the other biological parent, grandparents, or a relative with whom the child lives. It may also be a government benefit or scholarship. The decision maker identifies the greatest source of support and finds that it is not the applicant or sponsor. The Tribunal decision in 2100116 (Migration) [2022] AATA 1458 concerned secondary applicants, their dependency and membership of the family unit, their relationship status and the financial support of the sponsor. That matter was remitted to the Department.

Refusal pattern 3: dependency began too recently

The third pattern is dependency that started shortly before the application. An adult child who had been working and living independently moves back home, leaves work or begins receiving transfers in the months before lodgement. Even if the child is dependent on the day of lodgement, the "substantial period immediately before" element is not met. For a partner visa dependent child over 18 in this position, the timing of the application is a legal question, not only a practical one.

Refusal pattern 4: the evidence does not show the whole picture

The fourth pattern is an evidence gap. The file shows that the parent sends money, but not what the child earns, where the child lives, who owns or rents the home and who pays the bills. Without the whole picture, the decision maker cannot be satisfied of the comparison that regulation 1.05A(1)(a)(ii) requires. Refusals of this kind are sometimes reversed on review when the missing material is provided. The Tribunal decisions in PHAM (Migration) [2020] AATA 6062, concerning whether a visa applicant was a dependent of the family head as defined in regulation 1.05A, and Menicou (Migration) [2023] AATA 3725, concerning the requirement of dependency where the applicant's mother had been granted a permanent partner visa as the spouse of the review applicant, are examples. Both matters were remitted to the Department.

Refusal pattern 5: inaccurate or incomplete information

The fifth pattern is the most serious. If information about a partner visa dependent child over 18 is false or misleading in a material particular, the application may be refused under public interest criterion 4020, and the consequences can extend beyond the child. Information about the child's work, income, relationship status, living arrangements and even parentage is relevant. The Tribunal decision in Soboh (Migration) [2026] ARTA 1955 concerned misleading information about the employment details of a secondary applicant. In Mohammadi (Migration) [2021] AATA 5554 the issues were false or misleading information about the biological parentage of a secondary applicant, DNA test results and whether the information was material to the application. Both matters were remitted to the Department. The lesson is not to present the child's situation in a better light than the facts allow. A partner visa dependent child over 18 who does not qualify should not be described as one.

When a refusal can be reviewed

A refusal of a partner visa, or of the secondary applicant's part of it, is usually reviewable by the Administrative Review Tribunal. The time limit to apply for review is short and strictly applied. Families who receive a refusal that affects an adult child should obtain advice quickly. The guides to partner visa refusal appeal options, why partner visas get refused and the common reasons Subclass 820 visas are refused explain the wider picture. The firm's partner visa refusals service and visa refusals service explain how review applications are prepared.

Before a refusal: section 56 and section 57 letters

Many refusals are preceded by a request for information or an invitation to comment. If a case officer has concerns about a partner visa dependent child over 18, they may send a section 56 request for more information or a section 57 natural justice letter setting out adverse information about the child's dependency. These letters have short deadlines. A response that addresses the precise concern, with evidence of the whole financial picture, is the best opportunity to resolve a dependency issue before a decision is made.

What happens if the adult child does not qualify?

If the adult child does not qualify, the main applicant can still be granted the partner visa. The adult child's application is refused, but that refusal does not prevent the grant to the main applicant, as long as the main applicant meets the primary criteria. The adult child then needs a different pathway to remain in or come to Australia. This is a key point for families who are worried about including a partner visa dependent child over 18: the risk falls on the child's part of the application, not on the parent's.

Other requirements that still affect the family

There is an important qualification. The main applicant's grant depends on certain requirements being met by members of the family unit, including some who are not applicants. Under subclause 820.224(1A), each member of the family unit who is not an applicant must generally satisfy certain health and character related public interest criteria, unless an exception applies. If an adult child is in fact a member of the family unit but is not included, the child may still need to undergo health examinations. If the child is not a member of the family unit at all, those requirements do not apply to them. Families should not leave out a child who meets the definition to avoid this step. Every child must be declared in the forms, whether or not they are applying.

Other pathways for an adult child who is not dependent

An adult child who does not meet the definition needs their own visa pathway. That might be a student visa, a skilled visa, a working holiday visa, a visitor visa or another family visa, depending on the child's age, nationality, qualifications and circumstances. Each of these has its own criteria, and some may be affected by the child's immigration history in Australia. This guide does not attempt to cover them. The point is that the pathway must be identified early. If the adult child is in Australia and their current visa is ending, the child's position may become urgent. The guide to urgent immigration lawyer advice explains what to prepare.

Remittal after the parent's grant

For onshore applications there is a specific rule that protects an adult child who succeeds on review. Paragraph 820.321(b) allows the secondary applicant to be granted a Subclass 820 visa where the child made a combined application with the parent, was found by the delegate not to be dependent or a member of the family unit, and was later found by the Tribunal to be dependent or a member of the family unit after the parent had been granted both the Subclass 820 and Subclass 801 visas. That means a successful review for a partner visa dependent child over 18 can still lead to a grant even though the parent has moved on to permanent residence. The visa appeal lawyer guide explains how review work is approached. Where a Tribunal decision itself involves a legal error, judicial review may be relevant, and the guide to applying for a partner visa after a visa refusal explains how an earlier refusal can affect later applications. For a partner visa dependent child over 18 already refused, a second opinion from an immigration lawyer can test whether review is worth pursuing.

Can you add a partner visa dependent child over 18 later?

Yes, in some circumstances. If the main applicant's Subclass 820 application has not been decided, regulation 2.08B allows a dependent child to be added at the applicant's written request, usually by completing Form 1436 and attaching it in ImmiAccount. The child must meet the definition of dependent child when added. After the main applicant has been granted the provisional Subclass 820 or Subclass 309 visa, the position changes: a child generally needs a Subclass 445 Dependent Child visa before they can be added to the parent's permanent Subclass 801 or Subclass 100 application under regulation 2.08A.

Adding a child before the first decision

Adding a partner visa dependent child over 18 before the first decision is the simpler route, but the dependency test applies in full. The child must be a dependent child at the time they are added, and the "substantial period" element looks back from that time. A child who has only recently become dependent will face the same problem as at lodgement. The request must also be made before the parent's application is decided. Once the Department decides the main application, this route closes. The guide to creating an ImmiAccount explains the online system used to attach the form.

Adding a child after the provisional visa is granted

After the parent's provisional visa is granted, a child generally cannot be added to the provisional stage. The Department's policy for the Subclass 801 and Subclass 100 visas explains that a child who is to be granted the permanent visa with the parent must hold the provisional partner visa or a Subclass 445 visa at the time of decision. In practice, if the parent already holds the provisional visa, the child will usually need a Subclass 445 Dependent Child visa first, and can then be added to the parent's permanent application. The dependency test continues to matter at each step. The guide to the Subclass 820 partner visa explains the two-stage process.

Why adding later is not a substitute for planning

Adding a child later can work, but it is not a fallback for a child who did not qualify at lodgement. If the child was excluded because they were not dependent, the same facts usually prevent them being added. Adding later is most useful for a child whose circumstances change into dependency for genuine reasons and who has been dependent for a substantial period before the request, or for a child who was overlooked. For a partner visa dependent child over 18, the most reliable approach is still to assess eligibility properly before the first application is lodged.

Declaring every child in a partner visa application

Every child of the main applicant, and every child of the main applicant's partner, must be declared in the application, whether or not the child is applying. This includes a partner visa dependent child over 18 who is applying, an adult child who is not dependent and is not applying, and children who live with the other parent. The forms ask about all children because the Department must assess who is a member of the family unit and whether family members who are not applying must meet health or character requirements.

Consistency across the whole file

The information about each child must be consistent across the application forms, any Form 80 personal particulars, the relationship statement, the sponsor's forms and the dependency evidence. Supporting witnesses who provide a Form 888 supporting statement about the couple may also mention the household and the children, and what they say should match the rest of the file. Inconsistencies about where a child lives or who pays for them are read as credibility problems, both for the child's dependency and for the main relationship.

When the relationship changes

If the main relationship breaks down during processing, the position of a partner visa dependent child over 18 is affected as well, because the child's grant depends on the parent's grant. The guide to Subclass 820 relationship breakdown explains the options. Where the relationship ended because of family violence, the family violence partner visa page explains the special provisions. For same-sex couples, the LGBTI partner visa page sets out the firm's work for same-sex couples, and the same dependency rules apply to their children.

How My Migration Lawyers assesses a partner visa dependent child over 18

My Migration Lawyers handles complex partner visa matters involving adult children, including families where the dependency of a son or daughter over 18 is uncertain, where the child works part time or lives away from home, and where a child has already been refused. The firm acts in many partner visa matters of this type and is capable of handling the legal and evidential issues they raise. Every matter is different, and no outcome can be promised, but the work follows a clear method.

Step 1: testing the definition before lodgement

The firm starts by testing each adult child against the definition in regulation 1.03 and regulation 1.12 before anything is lodged. That means confirming the child's relationship to the applicant or sponsor, the child's age at the expected date of lodgement, and the child's relationship status, including any engagement or de facto relationship. A partner visa dependent child over 18 who is excluded by the definition is identified at this stage, so that the family can plan another pathway instead of paying for an application that cannot succeed for that child.

Step 2: mapping every source of support

The firm then maps the adult child's whole financial position: income, study, living arrangements, who owns or rents the home, who pays the bills, and support from any other parent, relative or government source. This is the comparison that regulation 1.05A requires. The firm identifies whether the support from the applicant or sponsor is the greatest source, and how long it has existed. Where the answer is uncertain, the firm says so and explains the risk.

Step 3: presenting the evidence in the form the law requires

Where the child qualifies, the firm presents the family's own records and accounts in the form the law requires, so that the case officer can see each element of the dependency test clearly. The firm checks that the information about the child is consistent across every form and statement, and that the child's work, income and relationship status are declared accurately. Nothing is overstated.

Step 4: responding to concerns and arguing dependency on review

If a case officer raises concerns, the firm prepares a targeted response to the request or natural justice letter. If the child is refused, the firm advises on review and, where review is appropriate, argues the child's dependency before the Administrative Review Tribunal with the evidence of the whole financial picture. Where a child's circumstances change during processing, the firm advises on notification and on whether the child still meets the definition.

The firm's Principal Lawyer, Weiwei Zhang, oversees the firm's partner visa work. 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, the Gold Coast, Canberra, Hobart and Parramatta.

Book a consultation about a partner visa dependent child over 18

The guide to booking an immigration lawyer consultation explains how consultations work. If your family includes a son or daughter over 18 and you are not sure whether they can be included, a consultation is the place to test the question before you lodge. Bring the child's age, relationship status, study or work details and an outline of who pays for their housing, food and clothing. Book a Consultation to have the eligibility of a partner visa dependent child over 18 assessed. You can also call 1300 040 300.