Can I Add a Child After Lodging My Partner Visa Application?

How do I add a newborn baby to my partner visa application?

A newborn baby is added to a partner visa application by notifying the Department of the birth and uploading the baby's birth certificate, together with a passport once one is issued. Under regulation 2.08, a child born after the application was lodged and before it is decided is generally taken to have applied for the same visa. A baby whose parent is an Australian citizen or permanent resident at the time of birth in Australia is an Australian citizen and is not added to the application at all, although the birth is still useful evidence of the relationship. Our article on Form 1022 change of circumstances explains how changes are reported.

How do I add an existing child after lodging a partner visa?

An existing child is added after lodging a partner visa by asking the Department to include the child before the application is decided, and by providing the child's identity documents, evidence that the child is a dependent child, and evidence that the custody laws or the other parent's consent allow the child to migrate. A further application charge may be payable for the child. Our article on the partner visa change of circumstances explains what the Department expects to be told.

What if part of the partner visa has already been granted?

Where the temporary Subclass 820 or Subclass 309 has already been granted, the child can no longer be added to that stage, and the options depend on the child's situation. The Subclass 445 Dependent Child visa exists for some dependent children of temporary partner visa holders, and whether a child can be added at the permanent stage depends on the circumstances. Our pages on the Subclass 820 visa and the Subclass 309 visa explain each stage.

Does an added child need health checks and police certificates?

An added child generally needs health examinations, and an older child may also need police certificates, in the same way as a child included at lodgement. Where a child under 18 is included, the sponsor may also need to provide police checks. Our article on the partner visa medical examination explains how the health examinations are arranged, and the Department usually sends instructions once the child has been added.

Does having a child together help a partner visa?

Having a child together is strong evidence of the commitment between the couple, but it does not replace the need to show a genuine and continuing relationship across all four aspects the Department assesses. The birth certificate naming both parents, shared care arrangements and joint expenses for the child all support the application. Our article on partner visa commitment evidence explains how this evidence is presented.

How does My Migration Lawyers add a child to a lodged partner visa?

My Migration Lawyers adds a child to a lodged partner visa by first confirming whether the child is already an Australian citizen, whether the child is taken to have applied, or whether a formal request to add the child is needed. The firm then prepares the documents, deals with custody and consent issues, and tracks the child's health examinations so the family's application is not held up. Families can speak with our partner visa lawyers as soon as the change happens.