What Is a Subclass 445 Dependent Child Visa?

Who is the Subclass 445 for?

The Subclass 445 is for a dependent child of a parent who holds a temporary partner visa, most often the Subclass 820 or Subclass 309, and who was not included in the parent's application or was not granted with the parent. Common examples are a child whose custody was not resolved at lodgement, or a child the family decided to bring later. Our page on the Subclass 820 visa explains the parent's temporary visa.

What are the requirements for a Subclass 445?

The requirements for a Subclass 445 are that the child is a dependent child of the temporary partner visa holder, is not married, engaged or in a de facto relationship, meets the custody criteria where under 18, and meets health and character requirements. Evidence of the child's relationship to the parent, such as a birth certificate naming the parent, is essential. Our article on partner visa health requirements explains the health criteria, which apply to the child in the same way.

Can the Subclass 445 be applied for in or outside Australia?

The Subclass 445 can be applied for by a child in or outside Australia, depending on where the child is. A child in Australia must hold a visa that allows a further application, because conditions such as condition 8503 can prevent an application in Australia. Our article on the partner visa 8503 waiver explains how that condition works.

Why use the Subclass 445 rather than including the child at lodgement?

The Subclass 445 is used rather than including the child at lodgement only where inclusion did not happen, because inclusion at lodgement is usually simpler. The Subclass 445 solves the problem of a child who could not be included because of custody, health or practical reasons at the time. The Subclass 445 has its own application charge, so it is not a cheaper alternative. Our article on partner visa cost explains the charges for the main application.

What happens to the Subclass 445 when the parent's permanent visa is decided?

The Subclass 445 is linked to the parent's partner visa, so the child's path to permanent residence depends on the outcome of the parent's permanent stage. The timing of any further application for the child must be planned around that decision. If the parent's partner visa is refused, the child's position needs urgent advice, and our page on partner visa refusals explains the review options, which have short and strictly applied deadlines.

How does My Migration Lawyers help with the Subclass 445?

My Migration Lawyers helps with the Subclass 445 by checking first whether the child can still be added to the parent's existing application, which is often the better option, and if not, preparing the Subclass 445 with the custody documents, identity documents and health evidence the Department needs. The firm plans the child's application around the parent's permanent stage, so the child is not left without a pathway. Our partner visa lawyers act for families in Australia and overseas, and our article on complex partner visa applications discusses other family situations that need early planning.