Can I Include My Children on a Prospective Marriage Visa?

Which children can be included on a prospective marriage visa?

The children who can be included on a prospective marriage visa are the applicant's dependent children, which usually means children under 18 and, in limited cases, older children who depend on the applicant. The sponsor's own children are not included, because they are not migrating as part of the applicant's family. Each child must be shown to be the applicant's child through birth certificates or adoption documents. Our page on the Subclass 300 visa explains who the visa covers.

Do I need the other parent's consent to include my child?

The other parent's consent is generally needed to include a child under 18 on a prospective marriage visa where that parent can legally decide where the child lives. The consent is usually given on a Department form with identity documents, and where consent cannot be obtained, an order from an Australian court may be needed instead. Problems with consent are best identified early, because they can delay or prevent the grant. Our partner visa checklist lists the custody documents commonly required.

What health and character checks do included children need?

Included children need health examinations with a Department-approved panel physician, and older children may also need police certificates. A child with a significant health condition may affect the outcome for the whole family, so this should be assessed before lodgement. Our articles on partner visa health requirements and a partner visa with a child with a disability explain how health issues are assessed.

Does including children change the cost of a prospective marriage visa?

Including children changes the cost of a prospective marriage visa, because an additional applicant charge is payable for each family member included. Health examinations, police certificates and translations for each child also add to the total. Our guide to partner visa cost explains how government charges and other expenses add up, and our article on partner visa evidence translation explains which documents need certified translation.

What happens to the children after the couple marries?

After the couple marries, the children are normally included again in the Subclass 820/801 application lodged in Australia, so they move with the applicant to the next stage. Each child must still be a dependent child at that point and still meet health and character requirements. A child who turns 18 or stops being dependent before the Subclass 820 is lodged may not qualify, so timing matters. The couple should therefore plan the wedding date and the Subclass 820 lodgement with each child's age in mind.

How does My Migration Lawyers include children in a fiancé visa application?

My Migration Lawyers deals with children in a fiancé visa by first confirming who holds legal responsibility for each child and whether consent will be given, because this is the issue most likely to hold up the grant. The firm then collects the birth, custody and identity documents, arranges translations where needed and makes sure each child carries through to the Subclass 820/801. Families can speak with our partner visa lawyers about the children's documents before the application is lodged.