What Happens to My Child's 445 Visa If My Partner Visa Is Refused?

How is a Subclass 445 visa linked to my partner visa?

A Subclass 445 visa is linked to a partner visa because it exists to let a dependent child join a parent who holds a temporary Subclass 820 or Subclass 309 visa and is waiting for the permanent stage. The child does not have an independent route to permanent residence on the Subclass 445. Instead, the child is added to the parent's Subclass 801 or Subclass 100 application, and the child's grant depends on that application succeeding. Our article on the partner visa two-stage process explains how the temporary and permanent stages fit together.

What happens to my child if my permanent partner visa is refused?

If a parent's permanent partner visa is refused, the child who was added to that application is generally refused with the parent, because the child's application is combined with the parent's. The child's position then follows the outcome of any review. Parents should not assume the child's current visa will continue indefinitely, and should check the child's visa status as soon as the refusal arrives. Our article on a partner visa second stage refusal explains what usually goes wrong at the permanent stage.

Can the Tribunal review cover my child as well?

A Tribunal review of the parent's partner visa refusal is the main way to protect the child's position, because a successful review returns the combined application to the Department for reconsideration. The review must be lodged within a short time limit that is strictly applied. Our guide to the partner visa ART review process explains how to apply and what the Tribunal considers.

Does family violence change what happens to a Subclass 445 child?

Family violence can change what happens to a Subclass 445 child, because the family violence provisions allow a Subclass 445 application to proceed where the parent's relationship with the sponsor has broken down and the parent has asked to be assessed under those provisions. In that situation the parent, rather than the former partner, sponsors the child. Our page on partner visa family violence explains how these claims work.

What should I do first after the refusal?

The first step after a partner visa refusal involving a Subclass 445 child is to confirm the refusal date, the review deadline and the visa status of every family member. The refusal reasons should then be read closely, because a problem with the parent's relationship evidence calls for a different response from a health or character issue affecting the child. Our article on partner visa refused appeal options sets out the main paths.

How does My Migration Lawyers help families with a Subclass 445 child after a refusal?

My Migration Lawyers reviews the refusal and the status of each family member together, so the child's position is not overlooked while the parent's case is being prepared. The firm advises on Tribunal review, family violence options where they apply, and how to keep the child's visa pathway intact. Parents can read about our work on partner visa refusals and speak with our partner visa lawyers before the deadline passes.