Can I Include a Dependent Child Over 18 in My Partner Visa?

What does dependent mean for a child over 18 on a partner visa?

Dependent, for a child over 18 on a partner visa, means the child is wholly or substantially reliant on the applicant for financial support to meet basic needs for food, shelter and clothing, or is incapacitated for work because of the total or partial loss of bodily or mental functions. The reliance must be real and ongoing, not arranged shortly before the application to fit the rule. Our page on the Subclass 309 visa explains how dependants are included in an offshore application.

Is there an age limit for a dependent child on a partner visa?

A dependent child on a partner visa is generally under 23, because the definition of a member of the family unit limits older children unless they are incapacitated for work. A child who has turned 23 and is financially dependent but able to work usually cannot be included. A child close to that age should be included at lodgement, because the child's age and dependency are tested under the regulations at particular points in the process.

What evidence proves an adult child is dependent?

Evidence that an adult child is dependent usually includes regular money transfers from the applicant, proof that the child lives with or is housed by the applicant, evidence that the child has little or no income of their own, and enrolment records where the child is studying. Where the dependency is due to incapacity, medical reports should explain why the child cannot work. Our article on partner visa financial evidence explains how financial records are presented clearly.

Does full-time study make an adult child dependent?

Full-time study does not by itself make an adult child dependent for a partner visa, because the legal test is whether the child relies on the applicant for basic needs. Study is relevant because it often explains why the child has no income, but the evidence must still show that the applicant pays for the child's food, housing and clothing. A student with a well-paid part-time job may not meet the test.

Do adult children have to meet health and character requirements?

Adult children included in a partner visa must meet the health requirement and the character requirement, which usually means health examinations and police certificates. Our articles on partner visa health requirements and partner visa character requirements explain each test. Where an adult child has a disability, our article on the partner visa with a child with a disability explains how health issues are assessed.

How does My Migration Lawyers assess an adult child for a partner visa?

My Migration Lawyers assesses an adult child for a partner visa by testing the child's actual financial position against the dependency definition before lodgement, and by advising frankly where the evidence does not meet the test. Where the child qualifies, the firm builds the dependency evidence into the application, and where the child does not, the firm explains the other visa options for the child. Families can speak with our partner visa lawyers about an adult child's position.