Can a Lawyer Help Include My Children in My Partner Visa Application?

What does a lawyer do to include children in a partner visa application?

A lawyer including children in a partner visa application checks that each child qualifies, identifies any custody problem before lodgement, and prepares every child's documents so the family is assessed together. The work covers birth certificates showing both parents, passports, adoption or name change records, consent forms or court orders, health examinations and, for older children, police certificates. Our partner visa lawyers prepare the children's part of the application at the same time as the relationship evidence, so nothing is left to the end.

Which children can be included in a partner visa application?

The children who can be included in a partner visa application are the applicant's dependent children, which can include the applicant's own children, adopted children and stepchildren, as the regulations define them. A child under 18 must not be married, engaged or in a de facto relationship. A child aged 18 or over must also be dependent on the applicant, which needs separate evidence. The same rules apply whether the family is applying onshore for the Subclass 820 visa or offshore for the Subclass 309 visa.

What custody documents are needed for children under 18?

The custody documents needed for children under 18 show that the child can lawfully migrate. In most cases this means a signed Form 1229 from each other person with parental responsibility, with a certified copy of that person's identity document, or a court order that gives the applicant the right to decide where the child lives. Where the other parent has died, a death certificate is provided. Our partner visa document checklist shows where these documents sit in the full application.

Do children have to meet health and character requirements?

Children included in a partner visa application have to meet the health requirement, and older children also have to meet the character requirement. Health examinations are arranged once the Department asks for them. A child with a significant medical condition can affect the whole family's application, and our article on a partner visa with a child with a disability explains how that risk is assessed. The general rules are covered in our article on partner visa health requirements.

Can children be added after the partner visa application is lodged?

Children can sometimes be added after a partner visa application is lodged, and a child born after lodgement but before a decision is generally taken to be included automatically. In either case the Department must be told promptly, usually through a notification of changes in circumstances. Our guide to Form 1022 for a change of circumstances explains how the notice is given. If the temporary partner visa has already been granted, a separate visa for the child may be needed instead.

How does My Migration Lawyers prepare family applications with children?

My Migration Lawyers prepares family applications with children by settling the custody position first, because a missing consent or an unclear court order is one of the few problems that can stop a child's grant even when the relationship is accepted. The firm, led by Principal Lawyer Weiwei Zhang, then builds the children's documents into the main application, explains to the sponsor what police certificates the sponsor must give when children are included, and keeps the family informed by video and email until the decision. Families can learn more about My Migration Lawyers before requesting a consultation.