Can I Include My Partner's Children in My Partner Visa?

Do my partner's children need to be on my partner visa?

A partner's children do not need to be on a partner visa if they are already Australian citizens or permanent residents, because they have no need for a visa. This is the most common situation, since the partner is usually the Australian sponsor and their children often already hold Australian status. Those children still matter to the application, because family life with them is part of the evidence of the household.

When can my partner's children be included in my partner visa?

A partner's children can be included in a partner visa when they are not Australian, need a visa to live in Australia and are dependent children of the applicant's partner within the meaning of the regulations. The child must also meet the health requirement and, where relevant, the character requirement, and custody or consent must allow the child to migrate. Whether this route is the best option depends on the child's circumstances, and our pages on the Subclass 820 visa and Subclass 309 visa explain how dependants are included.

What if my Australian partner's child was born overseas?

A child born overseas to an Australian partner may already be eligible for Australian citizenship by descent, if the partner was an Australian citizen when the child was born. In that case, a citizenship application for the child is usually more appropriate than including the child in the partner visa. Where the partner became a citizen after the child's birth, other options need to be considered, including whether the child can be included as a dependant in the partner visa or needs a separate child visa. The answer depends on the child's age, who the child lives with and whether the child relies on the partner for support, so the child's documents should be gathered before the family decides which application to lodge. Our complete guide to partner visas explains how family members fit into each pathway.

What if my partner's children live with their other parent?

Where a partner's children live with their other parent, they can generally only migrate if the other parent consents or the custody laws of the child's home country allow it, often through a court order. Children who are not migrating should still be disclosed where the application asks about family members. Our article on partner visa previous relationships explains how earlier relationships and children from them are presented.

Does living with my partner's children help our partner visa?

Living with a partner's children helps a partner visa because it shows a shared household and a shared commitment to family life. School pick-ups, shared care, joint spending on the children and family events all give the Department a clear picture of the relationship. Our articles on the nature of the household and partner visa household evidence explain how this evidence is used.

How does My Migration Lawyers deal with a partner's children in a partner visa?

My Migration Lawyers deals with a partner's children in a partner visa by first establishing each child's citizenship and visa position, then deciding whether the child belongs in the application, needs a separate application or needs no visa at all. The firm addresses custody and consent issues early and presents blended family life as part of the relationship evidence. Families can speak with our partner visa lawyers about their situation.