How Do I Add a Newborn Baby to My Partner Visa Application?

How is a newborn added to a partner visa application?

A newborn is added to a partner visa application by giving the Department notice of the birth, a copy of the birth certificate showing both parents and, where the family is applying offshore, the baby's passport. Regulation 2.08 treats a child born after lodgement but before the decision as an applicant, so no separate application is usually needed. The Department will then ask for the baby's health examination. Our guide to Form 1022 for a change of circumstances explains how the birth is reported.

Does a newborn need to be added if the sponsor is Australian?

A newborn does not need to be added if the baby is already an Australian citizen. A baby born in Australia to an Australian citizen or permanent resident parent is a citizen from birth and needs no visa. A baby born overseas to an Australian citizen parent is not automatically a citizen, and the family can apply for citizenship by descent or include the baby in the application. Our article on the partner visa citizenship pathway explains how citizenship works for partner visa families.

When should the Department be told about the baby?

The Department should be told about the baby as soon as possible after the birth, and before any decision is made on the application. Partner visa applicants have a continuing obligation to tell the Department about changes in circumstances. Delay can mean the visa is granted without the baby, leaving the baby without the right visa. Our article on partner visa changes of circumstances explains this obligation.

What if the baby is born after the temporary partner visa is granted?

If the baby is born after the temporary partner visa is granted, the steps are different, because the temporary visa decision has already been made. Depending on the baby's citizenship and where the family is, the options may include citizenship, a separate visa such as the Subclass 445, or inclusion at the permanent stage. This should be checked as soon as the baby is born. Our page on the Subclass 820 visa explains how the two stages work.

Does a newborn need a health examination for a partner visa?

A newborn who is included in a partner visa application usually needs a health examination, which is arranged through a panel clinic after the Department issues a referral. The examination for a baby is simple compared with an adult examination. Our article on the partner visa medical examination explains the process. A baby who is an Australian citizen does not need one.

Does a new baby strengthen the partner visa?

A new baby can strengthen the partner visa as evidence of the couple's commitment and shared household, as long as the rest of the relationship evidence is consistent. The birth certificate naming both partners is useful evidence for the nature of the commitment. Our article on partner visa commitment evidence explains how it is presented.

How does My Migration Lawyers help families with a new baby during a partner visa?

My Migration Lawyers helps families with a new baby during a partner visa by first working out whether the baby is already an Australian citizen, which decides whether the baby is added at all. The firm then gives the Department notice in the right form, deals with the baby's health referral and checks the family's details match across the application. For offshore families, our page on the Subclass 309 visa explains the process, and new parents can speak with our partner visa lawyers by video.