Can I Include My Children in a Partner Visa Application?

Which children can be included in a partner visa?

The children who can be included in a partner visa are dependent children who are members of the applicant's family unit, which covers the applicant's own children and, in some cases, the children of the applicant's partner. A child must not have a spouse or de facto partner of their own. Children under 18 are usually treated as dependent, and older children must show real dependence. Our pages on the Subclass 820 visa and the Subclass 309 visa explain how children are included in each pathway.

What documents are needed for each child on a partner visa?

The documents needed for each child on a partner visa include a passport, a full birth certificate naming the parents, evidence of custody or the other parent's consent, and evidence of dependence for any child aged 18 or over. Documents in another language need English translations. Our partner visa document checklist lists the standard items, and gathering the children's documents early often prevents delays later in processing.

What if the other parent does not consent to the child migrating?

Where the other parent does not consent to the child migrating, the child can generally only be included if the custody laws of the child's home country allow the child to be taken to Australia, which often requires a court order. This is one of the most common reasons a child cannot be included in a partner visa, and the issue should be addressed before lodgement rather than after the Department raises it. Family law advice in the relevant country may be needed alongside the migration advice.

Do children have to meet health and character requirements?

Children included in a partner visa must meet the health requirement, usually through health examinations, and older children may also need police certificates. A child with a medical condition is not automatically refused, and our article on the partner visa with a child with a disability explains how health issues are assessed and when a waiver may be available. Our article on partner visa health requirements explains the general test.

What if my child is not migrating with me now?

A child who is not migrating now should still be declared in the partner visa application, and the Department may ask for that child to have health examinations. Leaving a child off the application can create problems if the family later wants the child to join them in Australia, and an undeclared family member can raise integrity concerns. Our article on partner visa medical examinations explains how examinations are arranged.

How does My Migration Lawyers include children in a partner visa?

My Migration Lawyers includes children in a partner visa by checking each child against the dependency and family unit rules, identifying custody and consent problems early and planning the health examinations so that one child does not hold up the whole family. Where the other parent is overseas or difficult to reach, the firm explains exactly what evidence the Department will need. Families can speak with our partner visa lawyers about including their children.