Do Children Who Are Not Migrating Need Health Checks?

Why do non-migrating children need health checks for a partner visa?

Non-migrating children need health checks for a partner visa because the health requirement extends to members of the applicant's family unit, not only to the people who will travel. The aim is to identify conditions that could later lead to significant cost if the child joins the family in Australia. Dependent children usually fall within the family unit even if they live with another parent. Our article on partner visa health requirements explains the health criterion in detail.

When is a health check for a non-migrating child not required?

A health check for a non-migrating child is not required where the Department accepts that it would be unreasonable to require one. Common examples include a child in the sole custody of the other parent who refuses permission, or a child whose whereabouts are unknown. The applicant must explain the circumstances and provide evidence, such as court orders or correspondence with the other parent. The Department decides each case on its facts, so a short, clear explanation supported by documents is far more effective than a general statement that the child is not coming to Australia.

How does a non-migrating child have a health examination?

A non-migrating child has a health examination through a panel clinic approved by the Department, using the health referral generated in the applicant's application. The examination is booked in the child's country of residence. Our article on the partner visa medical examination explains the referral letter, the tests involved and how results are sent to the Department.

What if a non-migrating child has a significant health condition?

A significant health condition in a non-migrating child can affect the applicant's partner visa, because the family unit is assessed together. Partner visas allow a health waiver to be considered in some cases, taking into account the cost and the family's circumstances. Our article on the partner visa health waiver explains how a waiver is assessed, and our article on a child with a disability covers that situation specifically.

Should a non-migrating child be declared in the partner visa application?

A non-migrating child should always be declared in the partner visa application, because every child of the applicant must be listed whether or not the child is migrating. Leaving a child out can create integrity concerns and can prevent the child from migrating later. Declaring the child also lets the Department decide early whether a health examination is required. Our page on the Subclass 820 visa explains the forms involved.

How can My Migration Lawyers help with non-migrating children?

My Migration Lawyers helps with non-migrating children by deciding early whether a health examination can realistically be arranged, and preparing a written explanation with evidence where it cannot. The firm deals with the Department's requests for the child, and advises on the effect of any condition on the whole family's application before a refusal becomes likely. Families can speak with our partner visa lawyers, led by Principal Lawyer Weiwei Zhang, by video from Australia or overseas.