Partner Visa Without the Other Parent's Consent

Can you get a partner visa without other parent consent?

Yes, in some cases. You can be granted a partner visa without other parent consent if the custody criterion for your child is met in another way recognised by the law, for example through a court order, or because the law of the child's home country permits the child's removal. A partner visa without other parent consent is not automatically refused. But if a child is included in the application and none of the legal alternatives applies, the whole application is at risk, including the parent's own visa.

A partner visa without other parent consent is one of the most stressful problems a family can face. A parent has found a new partner in Australia, wants to bring their child, and the child's other parent will not sign the consent form. Sometimes the refusal is a bargaining tactic. Sometimes the other parent genuinely opposes the move. Sometimes they cannot be found, or they have died. The answer to whether a partner visa without other parent consent can succeed depends on which of these is true, what court orders exist, and the law of the child's home country.

This guide explains why consent matters, what the custody criterion actually requires, who must consent, what to do when consent is refused, the role of court orders in Australia and overseas, what happens when the other parent has died or cannot be found, the option of leaving the child out of the application, the separate best interests test, and what Tribunal decisions show. It covers the onshore Subclass 820 visa and Subclass 801 visa and the offshore Subclass 309 visa and Subclass 100 visa. For the overall framework, start with the complete partner visa guide.

Who this guide is for

This guide is for a partner visa applicant who has a child under 18 from an earlier relationship, wants to include the child, and cannot get, or is unsure whether they can get, the consent of the child's other parent. It is also for Australian sponsors supporting a partner in that position. The focus is on refusal of consent and its alternatives. The general paperwork for including children is covered elsewhere at summary level only.

Why does the other parent's consent matter for a partner visa?

The other parent's consent matters because every partner visa subclass contains a custody criterion for children under 18 who are included in the application, and the parent's own visa cannot be granted if the child fails it. This is often described as a "one fails, all fail" rule.

For the onshore visas, clause 820.225 of Schedule 2 to the Migration Regulations 1994 provides that the primary applicant cannot be granted a Subclass 820 visa if a member of the family unit under 18 who made a combined application does not satisfy public interest criteria 4015 and 4016. Clause 801.225 is to the same effect for the Subclass 801 visa. For the offshore visas, clause 309.229 and clause 100.225 contain the same rule. The Department's own policy for each subclass describes these as parental responsibility or custody criteria.

What this means in practice

If you include your child and the child does not satisfy PIC 4015 and PIC 4016, you cannot be granted the partner visa either. A partner visa without other parent consent therefore puts the parent's own application at risk, not only the child's. That is why a partner visa without other parent consent must be planned, or a decision made about the child, before lodgement wherever possible.

The child's own criteria

The child, as a secondary applicant, must also meet the secondary criteria. For a child under 18, these include PIC 4017 and PIC 4018, which mirror PIC 4015 and PIC 4016 from the child's side. Department policy gives the example of a parent and child applying for a Subclass 820 visa: the parent must meet PIC 4016 through clause 820.225, and the only way that can be met is if the child satisfies PIC 4018 under clause 820.324.

What does PIC 4015 require?

PIC 4015 requires the decision maker to be satisfied of one of three things about the child: that the law of the child's home country permits the child's removal, that each person who can lawfully determine where the child is to live consents to the grant of the visa, or that the grant of the visa would be consistent with any Australian child order in force for the child. Only one of the three needs to be met.

That structure is the reason a partner visa without other parent consent is possible. Consent is the second limb. For a partner visa without other parent consent, the first and third limbs are the ones that matter. Consent is the most common way to satisfy PIC 4015, because it is usually the simplest to prove. It is not the only way.

The home country law limb

The first limb looks at the law of the child's home country. If that law permits the child to be removed from the country without the consent of the other parent, for example because the migrating parent has sole custody under that law or because a court there has authorised the move, the first limb may be met even without consent. Proving foreign law requires reliable evidence, such as a court order from that country or a legal opinion, and translations where needed.

The consent limb

The second limb requires consent from each person who can lawfully determine where the child is to live. Usually this means both parents, because both parents generally hold parental responsibility unless a court order or a formal relinquishment has changed that. The consent is usually given on Form 1229.

The Australian child order limb

The third limb is met if granting the visa would be consistent with any Australian child order in force for the child. An Australian child order includes parenting orders made under the Family Law Act 1975. If an Australian court has made an order that allows the child to live with the migrating parent in Australia, the visa can be consistent with that order even if the other parent objects.

The child's side: PIC 4017

PIC 4017 applies to the child as a secondary applicant and works in the same way from the child's side. In practice, the same evidence is used to satisfy both PIC 4015 and PIC 4017. The Subclass 820 visa guide explains where these criteria sit among the other requirements.

Who has to consent to a child being included in a partner visa?

Each person who can lawfully determine where the child is to live has to consent, unless one of the other limbs of PIC 4015 is met. In most families, that is the child's other parent. It can also be a guardian or another person who holds parental responsibility under a court order.

Both parents usually hold parental responsibility

Department policy notes that both parents generally have joint custody of a child unless this has been varied by a court order or by a parent's expressed wish, such as a formal relinquishment. That is true even if the parents never married, have been separated for years, or the other parent has had little contact with the child. A long absence does not, by itself, remove the other parent's legal rights. Applicants who assume an absent parent no longer counts often discover too late that they are facing a partner visa without other parent consent.

Form 1229

Form 1229 is the Department's form for consent to grant an Australian visa to a child under 18. It is completed by the non-accompanying parent or other person with parental responsibility. The form also allows a certified copy of evidence that makes the migrating parent solely responsible for deciding where the child lives, such as legal documents or court orders, to be provided. The separate guide on Form 1229 covers how to complete it. This guide concentrates on what happens when that consent is not available.

Consent must be genuine and informed

Consent should be given freely by a person who understands that the child will live in Australia, potentially permanently. Department policy on sponsors of concern also notes that a person with parental responsibility may withdraw consent once they learn of a sponsor's criminal history, and that decision makers should reconfirm consent in that situation. Consent obtained by pressure, or on a misunderstanding about how long the child will be away, can be withdrawn and can create serious problems later.

Where consent is withdrawn

Consent can be withdrawn before the visa is decided. If the other parent signs Form 1229 and later changes their mind, the decision maker will need to consider the position again. A partner visa without other parent consent can arise mid-application in this way. Get advice immediately if you learn that the other parent has written to the Department or intends to withdraw consent.

Is a partner visa without other parent consent the same as a refusal of the child?

No. A partner visa without other parent consent is a situation, not a decision. It becomes a refusal risk only if the child is included and none of the three limbs of PIC 4015 can be met by the time of decision. Families who act early often have time to obtain court orders, gather evidence of the other parent's death or relinquishment, or make an informed decision about whether to include the child.

Timing is critical

PIC 4015 must be met at the time of decision, not at lodgement. That gives some time to obtain orders after lodgement. But court processes can take longer than the visa process, and a decision maker is not obliged to wait indefinitely. Starting the family law process before lodging a partner visa without other parent consent is usually the safer path.

The parent's own visa

Because of the "one fails, all fail" rule, the parent's own visa is exposed if the child's criteria are not met. Parents sometimes prefer to resolve the child's position first and lodge later. Others need to lodge quickly, for example because their current visa is expiring. The guides to bridging visas in Australia and Schedule 3 criteria for applicants who are unlawful explain why timing for onshore applicants matters.

Which children are affected by a partner visa without other parent consent?

The children affected are those under 18 who are included in the partner visa application as members of the applicant's family unit. A partner visa without other parent consent is a problem only where such a child is included and someone other than the migrating parent holds parental responsibility.

Children under 18 included in the application

The custody criteria in clauses 820.225, 801.225, 309.229 and 100.225 apply to a member of the family unit under 18 who made a combined application with the primary applicant. Department policy on best interests notes that age is the only factor for PIC 4016 and PIC 4018: the criteria apply to every person under 18 included in the application who meets the definition of member of the family unit, not only the main applicant's own child.

Children of the applicant from an earlier relationship

The most common case is a child of the applicant from an earlier relationship whose other parent lives overseas or in Australia. A partner visa without other parent consent usually arises here, because the other parent still holds parental responsibility and may not want the child to move.

Children of the applicant and the sponsor

Where the child is the child of both the applicant and the sponsor, both parents are part of the application and consent is rarely an issue. Department policy notes that if a child is the child of both the primary applicant and the sponsoring partner, the primary applicant has custody unless the sponsoring partner has sole custody.

Children turning 18 during processing

The custody criteria apply to children under 18. A child who is close to 18 may reach that age before a decision is made. The position should be checked when the application is prepared, because other criteria, such as dependency, then become important. The guides to the Subclass 820 visa explained and the complete Subclass 820 partner visa guide set out the wider requirements, and the comparison of the Subclass 820 and Subclass 801 stages explains the two-stage process.

Onshore families on other visas

Many families are in Australia on student, visitor or other temporary visas when they apply. The guide on moving from a tourist visa to a partner visa explains the conditions that can affect whether an onshore application is possible. A child who is already in Australia still needs the custody criterion met for a partner visa without other parent consent to succeed.

What can you do if the other parent refuses consent?

If the other parent refuses consent, the main options are to obtain a court order that allows the child to live in Australia, to rely on the law of the child's home country if it permits removal, to rely on evidence that the other parent no longer holds parental responsibility, or to leave the child out of the application. Which option fits depends on where the child lives, what orders already exist and the child's best interests.

Step one: find out why consent is refused

Some refusals are about the move itself. Others are about money, contact arrangements, or conflict between the parents. Sometimes a parent refuses because they do not understand the form, or fear that signing removes their rights. Understanding the reason can lead to an agreed arrangement, such as a parenting plan covering contact and travel, which may then allow consent to be given. Mediation or negotiation through family lawyers may resolve a partner visa without other parent consent without a contested hearing.

Step two: check what orders already exist

Many separated parents already have court orders, in Australia or overseas, about who the child lives with and who makes decisions. Read them carefully. An existing order may already give the migrating parent sole responsibility for deciding where the child lives, or may already permit relocation. If so, a certified copy of the order may satisfy PIC 4015 without the other parent's signature. If an existing order requires the other parent's consent before the child leaves the country, that requirement must be respected.

Step three: consider a court application

If there is no order and consent is refused, the migrating parent may need to apply to a court for orders. The court will decide what is in the child's best interests. That is a family law process, separate from the visa, and family law advice from a family lawyer is needed for it. The migration question is whether the resulting order satisfies PIC 4015 and supports PIC 4016.

Step four: decide whether to include the child

If orders cannot realistically be obtained in time, the parent must decide whether to include the child or to apply without the child and address the child's position later. That decision has real consequences, which are discussed below. A partner visa without other parent consent should never be lodged with the child included in the hope that the issue will go away.

How do court orders replace the other parent's consent?

Court orders replace the other parent's consent by giving the migrating parent the legal right to decide where the child lives, or by permitting the child to live in Australia, so that the custody criterion is met through the order rather than through consent. For a partner visa without other parent consent, a suitable court order is usually the strongest evidence available.

Australian parenting orders

Where the child is in Australia, or the parents have a connection with Australia, an Australian court exercising family law jurisdiction may make parenting orders under the Family Law Act 1975. Orders may deal with parental responsibility, who the child lives with, and in appropriate cases whether the child may live overseas or in another place. An order of this kind is an Australian child order for the third limb of PIC 4015, and it is the most direct route for a partner visa without other parent consent where the child is in Australia.

Sole parental responsibility

An order giving the migrating parent sole parental responsibility for major long-term decisions, including where the child lives, can mean the other parent is no longer a person who can lawfully determine where the child is to live. The decision maker will read the terms of the order closely. A general order about day-to-day care may not be enough if the other parent retains a say in relocation.

Orders permitting relocation

Sometimes the order needed is a specific order permitting the child to relocate, for example to live in Australia with the migrating parent and the sponsor. Where the child already lives in Australia, a different order may be needed, such as one confirming that the child lives with the migrating parent in Australia. The precise wording matters for the visa, so the family lawyer and the migration lawyer should coordinate on what the order needs to say.

Overseas court orders

Where the child lives overseas, the relevant order may come from a court in the child's home country. A foreign custody or relocation order can support the first limb of PIC 4015 by showing that the law of the home country permits the child's removal. The order should be certified, translated where necessary, and accompanied by an explanation of what it allows. The decision maker may need evidence that the order is final and that the other parent was given the chance to participate.

Orders and best interests

Department policy on PIC 4016 says that if the best interests principle was built into a court's assessment when granting an order giving full parental responsibility to one parent, an officer may be able to be satisfied without further assessment that the grant of the visa would be in the best interests of the child. That is a significant advantage of obtaining an order for a partner visa without other parent consent: it can help with both PIC 4015 and PIC 4016.

What if the other parent has died or cannot be found?

If the other parent has died, the death certificate is the key document, because a deceased parent cannot determine where the child lives. If the other parent cannot be found, the position is harder, and a court order is usually needed rather than an explanation alone. A partner visa without other parent consent in these situations depends on careful documentation.

The other parent has died

Provide a certified copy of the death certificate, with a translation if it is not in English. Explain in the application who now holds parental responsibility. If a guardian or grandparent has been appointed, or holds parental responsibility under the law of the home country, their consent may still be required. Do not assume that the death of one parent automatically gives the other sole rights in every legal system.

The other parent's whereabouts are unknown

A parent who has disappeared still holds parental responsibility unless a court has changed that. The Department will want to see what efforts were made to find them and how the custody criterion is met despite their absence. In many cases the practical answer is a court order made after the court has considered the efforts to locate the other parent. Evidence of attempts to contact them, such as messages, letters to the last known address, and inquiries through family, will be relevant to both the court and the Department.

The other parent is not named on the birth certificate

Where the other parent is not recorded on the birth certificate and has never acknowledged the child, the legal position depends on the law of the place the child was born. The evidence should explain the position and, where possible, show under that law who holds parental responsibility. Do not assume that an absent name always means sole responsibility.

Formal relinquishment of rights

Some parents formally relinquish their rights, for example through a court process or an adoption. Department policy mentions formal relinquishment as one way joint custody can be varied. Provide the formal document, not an informal letter, if a partner visa without other parent consent relies on relinquishment. An informal letter from the other parent saying they "do not mind" is not a substitute for consent on the Department's form or a court order.

Can the law of the child's home country satisfy the custody criterion?

Yes. The first limb of PIC 4015 is met if the law of the child's home country permits the child's removal. For a partner visa without other parent consent, this limb is most useful where a court in the home country has already granted the migrating parent sole custody or permission to relocate, or where the home country's law plainly gives the migrating parent that right.

Evidence of foreign law

The decision maker needs evidence of what the foreign law says and how it applies to this child. A court order from the home country is the clearest evidence. In the absence of an order, a legal opinion from a lawyer qualified in that country, explaining the relevant law and how it applies, may be considered. General internet material about a country's family law is unlikely to be enough.

Translations and certification

Documents not in English must be translated. Court orders should be certified copies. Where the legal system of the home country is unfamiliar to Australian decision makers, a short explanation of the process that produced the order is helpful.

Interaction with international child abduction rules

Department policy notes that migration legislation seeks to help Australia meet its obligations under international conventions concerning children, including the Hague Convention on the Civil Aspects of International Child Abduction. Removing a child from a country in breach of the other parent's custody rights can have serious legal consequences under child abduction laws, regardless of the visa. A partner visa without other parent consent must be approached through lawful means, never by moving the child first and dealing with the law later.

Should you leave the child out of the partner visa application?

You should leave the child out only after considering the consequences, because it affects the family, the child's future visa options and the evidence in the application. For some families facing a partner visa without other parent consent, it is the only realistic way to proceed with the parent's own visa while the child's position is resolved.

What leaving the child out means

If the child is not an applicant, PIC 4015 and PIC 4016 do not apply to the child in the parent's application, and the "one fails, all fail" rule for the custody criterion does not bite. However, Department policy for the partner visas requires members of the family unit who are not applicants to satisfy certain public interest criteria, including health and character criteria in most cases. The child must still be declared in the application as a member of the family.

Declaring the child

Never omit a child from the forms. Every child must be declared, whether or not the child is migrating. Failing to declare a family member is a serious matter that can affect this visa and future applications. The Form 80 guide and the guide to Form 1022 change of circumstances explain the duty to give complete and correct information and to notify changes.

Bringing the child later

A child left out of the application may be able to apply later for a separate visa, depending on the family's circumstances at that time and the visa criteria that then apply. That later application will usually face its own custody and best interests criteria. Leaving a child out is therefore a decision about timing, not a way to turn a partner visa without other parent consent into one where consent no longer matters.

The relationship evidence

A parent who leaves a child overseas should expect the decision maker to understand the arrangement. Explain it in the relationship statement: why the child is not included, who is caring for the child, and the family's plans. The guide on writing a partner visa relationship statement explains how to present family circumstances, and the guides to partner visa relationship evidence and preparing evidence of a genuine relationship explain how the rest of the relationship is shown. Form 888 statements from people who know the family can also describe the child's care arrangements, as explained in the guide to Form 888 for partner visas.

A partner visa without other parent consent: worked hypotheticals

The examples below are hypothetical. They are not client stories. They show how a partner visa without other parent consent can unfold in four different situations.

Hypothetical one: existing overseas sole custody order

An applicant overseas has a court order from their home country, made after a contested hearing, giving them sole custody of their eight-year-old and the right to decide where the child lives. The other parent refuses to sign Form 1229. The applicant provides a certified, translated copy of the order and an explanation of its effect. This partner visa without other parent consent relies on the first limb of PIC 4015, and the court's consideration of the child's welfare also supports PIC 4016.

Hypothetical two: child already in Australia, no orders

An onshore applicant and their twelve-year-old have lived in Australia for several years on student and dependent visas. The applicant's former partner lives overseas, has had little contact, and refuses consent. There are no orders. The applicant obtains family law advice and applies to an Australian court for orders about where the child lives. The partner visa without other parent consent is lodged once the family law process is under way, with a clear explanation, and the orders are provided when made.

Hypothetical three: the other parent has died

An applicant's former spouse died several years ago. The applicant provides a certified copy of the death certificate with a translation, and evidence that under the home country's law the applicant now holds parental responsibility alone. No consent is needed from anyone else. This is a partner visa without other parent consent that is resolved by documentation.

Hypothetical four: leaving the child behind for now

An applicant's former partner opposes the move and the applicant decides not to seek orders that would separate the child from the other parent. The child stays in the home country with the applicant's parents and continues to see the other parent. The applicant declares the child as a non-migrating family member, explains the arrangement, and applies alone. The family understands that any later visa for the child will face its own custody requirements.

How is the best interests of the child assessed under PIC 4016?

The best interests of the child is assessed under PIC 4016 as a separate requirement from custody, and meeting PIC 4015 does not automatically mean PIC 4016 is met. A partner visa without other parent consent is therefore assessed twice for the child: once for custody and once for best interests.

A separate assessment

Department policy on PIC 4016 and PIC 4018 says officers usually consider these criteria after the custody criteria, and that they must not assume the best interests criteria are met just because custody is resolved. A separate and deliberative assessment must be made, considering all the circumstances of the case.

Written in the negative

Department policy explains that PIC 4016 and PIC 4018 are written in the negative. The officer assesses them on the evidence already provided and is not expected to seek further information unless there are compelling reasons to suspect that granting the visa would not be in the child's best interests. In most applications, this means a well-documented file is assessed on what it contains.

Sponsor police checks

Partner visa applications that include a child under 18 are subject to regulation 1.20KB, and the sponsor is generally required to provide police checks. Department policy says that where checks disclose a conviction or unresolved charge for a registrable offence, broadly a child sex offence, the application must be referred to a specialist unit for consideration, and that other serious offences may also be referred under PIC 4016. The guide to sponsorship limitations and the firm's sponsorship limitations service explain other restrictions on sponsors.

Court orders and best interests

As noted earlier, where a court has already considered the child's best interests when making an order, the officer may be able to be satisfied about PIC 4016 without further assessment. For a partner visa without other parent consent, this is one more reason to obtain a properly made order rather than rely on informal arrangements.

What the other parent's objection means for best interests

The other parent's opposition is relevant to best interests, particularly if the child has a close relationship with that parent. The decision maker may consider how the child will maintain contact. A parenting plan or order that provides for ongoing contact, visits and communication helps show that the move has been thought through from the child's perspective.

What Tribunal decisions show about children and consent in partner visas

Tribunal decisions show that the position of children in partner visa applications, including parental consent and the death of parents, is examined closely on review. The decisions below are remittals recorded in the Partner Visa ART Remittals database: in each, the Tribunal sent the matter back to the Department to reconsider. The descriptions are limited to the issues recorded for each decision. They do not mean any later outcome was a grant. The Administrative Review Tribunal replaced the Administrative Appeals Tribunal on 14 October 2024.

Parental consent and the law of the home country

In Haynes (Migration) [2020] AATA 3293, a Subclass 820 matter, the recorded issues were an additional applicant who was a dependent child of the primary applicant, permission to migrate under the law of the home country, and the parents' consent. This headnote reflects the exact structure of PIC 4015 discussed in this guide, and it shows that a partner visa without other parent consent can turn on the home country law limb.

Children whose parents have died

In MOHAMMADI (Migration) [2022] AATA 1773, Adel (Migration) [2021] AATA 4121 and Nazari (Migration) [2021] AATA 4130, each a Subclass 309 matter, the recorded issues concerned a child said to be a dependent member of the family unit after customary adoption by a relative, where both of the child's parents were deceased. In Tela (Migration) [2020] AATA 825, a Subclass 300 matter, the recorded issues were a dependent child who was the sister's child, deceased parents and a change of surname. These decisions concern who counts as a family member rather than consent itself, but they show how the death of parents is documented and examined.

Stepchildren and earlier relationships

In 2102175 (Migration) [2021] AATA 4461, a Subclass 309 matter, the recorded issues included members of the family unit who were stepchildren of the sponsor and the divorce of the sponsor's first wife. In Wilson (Migration) [2019] AATA 6764, the recorded issues included the sponsor's good relationship with a stepchild and plans for the child's education in Australia. These headnotes show that children from earlier relationships are part of the overall assessment, which is the setting in which a partner visa without other parent consent usually arises.

What these decisions mean for you

These decisions do not predict any result. They show the kinds of issues the Tribunal considers when children are part of a partner visa. If a decision has been refused because of a child's criteria, the guide to what to expect at an ART review explains the process, and the time to apply is short and strictly applied.

Common mistakes with a partner visa without other parent consent

The common mistakes with a partner visa without other parent consent are including the child and hoping the issue resolves itself, relying on an informal letter, misreading existing orders, failing to declare the child, and removing a child without lawful authority.

Including the child without a plan

Lodging with the child included but no consent, no order and no evidence of home country law puts the parent's own visa at risk. Decide the strategy for a partner visa without other parent consent before lodging.

Relying on an informal note

A handwritten note or text message from the other parent is not a substitute for Form 1229 or a court order. Informal consent is easy to dispute and easy to withdraw, and it leaves a partner visa without other parent consent exposed.

Misreading an existing order

An order about who the child lives with may not cover relocation overseas, and an order made overseas may not deal with the visa at all. Have the order read by someone who understands both the family law and the migration requirement.

Not declaring a child

Every child must be declared, migrating or not. Omitting a child to avoid the consent issue can lead to findings that the application contained false or misleading information, with serious consequences.

Moving the child first

Bringing a child to Australia on another visa, without the other parent's consent or a court order, and then seeking to include the child in a partner visa can raise child abduction issues. A partner visa without other parent consent must follow a lawful process.

Forgetting the best interests test

Families sometimes focus entirely on custody. PIC 4016 is a separate test, and evidence about the child's schooling, care, health and contact with the other parent all matters. The partner visa document checklist lists documents that are commonly needed for children.

What if the Department raises concerns about the child?

If the Department raises concerns about the child, it will usually request more information or invite comment before deciding. For a partner visa without other parent consent, these requests often ask for Form 1229, court orders, evidence of foreign law or evidence of a parent's death.

Section 56 requests

A request under section 56 should be answered within the time given. If the document requested does not exist, explain why and provide the best alternative evidence. The guide on responding to a section 56 request for more information explains how.

Section 57 letters

A section 57 letter may put to you information from the other parent, such as a letter objecting to the child's migration. The response should address the objection, provide any orders, and explain why the custody and best interests criteria are met. The guide to the s57 natural justice letter for a partner visa explains the process.

Withdrawing the child from the application

In some cases, a family may decide during processing that the child should not continue as an applicant. That decision has consequences for the child's future options and must be made with advice. It should never be made in a hurry because a request has arrived.

After a refusal

If the application has been refused because of the child's criteria, the guide to partner visa refused: your appeal options explains the next steps. The firm's partner visa refusals and visa refusals services act on reviews, and a visa appeal lawyer can assess whether review is worthwhile. Where a Tribunal decision contains a legal error, judicial review may be relevant.

Does a partner visa without other parent consent affect the permanent stage?

Yes, it can. The custody and best interests criteria apply again at the permanent stage, through clause 801.225 for the Subclass 801 visa and clause 100.225 for the Subclass 100 visa. A partner visa without other parent consent that was resolved at the first stage usually remains resolved, but changes in the family must be considered.

Reliance on the first-stage assessment

Department policy for the Subclass 801 visa says delegates can generally rely on the assessment made for the equivalent criterion at the Subclass 820 stage, but should check the earlier notes and undertake a fresh assessment where there is doubt. New orders, a withdrawal of consent, or a change in the child's care arrangements can all create doubt.

Keep the documents current

Keep certified copies of all orders, consents and related documents. If orders are varied after the first stage, provide the new orders. If the other parent objects to the Department during processing, get advice before responding. Couples who lodged themselves and want the file reviewed before the second stage can read the guide on a partner visa lawyer compared with doing it yourself.

How My Migration Lawyers handles a partner visa without other parent consent

My Migration Lawyers handles a partner visa without other parent consent by identifying which limb of the custody criterion can realistically be met, working out what evidence or orders are needed, and planning the timing of the application so the parent's own visa is protected. The firm acts in many partner visa matters involving children from earlier relationships, and it regularly handles complex cases where consent is refused, the other parent cannot be found, or orders were made overseas.

What the firm does on this issue

First, the firm takes instructions on the child, the other parent, any existing orders in Australia or overseas, and the reasons consent is refused. Second, it reviews the orders and documents to see whether PIC 4015 can already be met through the home country law limb, the consent limb or an Australian child order. Third, where orders are needed, it explains exactly what the visa requires the order to achieve, so the family law process, run by a family lawyer, produces an order that works for the migration purpose. Fourth, it reviews the best interests evidence for PIC 4016 and the sponsor's police check requirements. Fifth, it advises on whether to include the child, apply later, or leave the child out, and what each option means. Sixth, it prepares the application, explains the position to the Department in writing, and responds to any requests.

The firm also advises on related issues that often arise in the same application, including Schedule 3 waivers, the family violence provisions, same-sex partner visas and the Subclass 300 prospective marriage visa.

When families come to the firm

Families come to the firm before lodging, when consent has been refused, after the other parent has withdrawn consent, or after a refusal. The guides to hiring an immigration lawyer after lodging your own application, a second opinion from an immigration lawyer, urgent immigration lawyer advice and when you need an immigration lawyer for a partner visa explain the options. The guide to booking an immigration lawyer consultation explains the first meeting, and once appointed the firm lodges Form 956.

Who leads the work

Partner visa work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. More information is on the About My Migration Lawyers page, the partner visa lawyers page and the guide on what a partner visa lawyer does. My Migration Lawyers is an Australian immigration law firm acting for families throughout Australia, including through its partner visa practice in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, with consultations by video. Families comparing firms can read the guides to the best partner visa lawyer in Australia, in Sydney and in Melbourne.

Book a consultation about a partner visa without other parent consent

If you are facing a partner visa without other parent consent, get advice before you lodge, and before you take any step to move the child. Book a Consultation with My Migration Lawyers to review your child's position, your orders and your options. You can also call 1300 040 300.