Visa Summary

This is a temporary visa for a child or stepchild of a parent who holds a temporary partner visa and has not yet been granted a permanent partner visa.

This means that the child's parent must hold one of the following visas:

  • temporary Partner visa (subclasses 309 or 820)
  • temporary Spouse visa (subclasses 309 or 820)
  • temporary Interdependency visa (subclasses 310 or 826)

Applicants for this visa will require sponsorship from the same person sponsoring the child's visa-holding parent.

Note: If this visa is granted, the child must lodge a separate application for the same permanent visa as their parent before a decision is made on the parent's permanent visa application.

Who is this visa for?

This visa is for a dependent child whose parent holds a temporary partner visa that does not include the child.

What does the visa let the visa holder do?

This visa allows the visa holder to travel to and from, or remain in Australia for as long as their parent's temporary visa is valid, or until the parent's permanent visa application is finalized.

How does this visa work?

Responsibilities

Key responsibilities relating to obtaining and using this visa are summarized in the table below.

PersonResponsibility
Sponsor (Parent)

The sponsor must be:

  • sponsoring the child's visa-holding parent
  • prepared to sponsor the child and any of the child's family members also included in the application and who are migrating with the child

If a Dependent Child visa is granted, the sponsor must provide support for the child, including ensuring the provision of accommodation and providing financial assistance required to meet the child's reasonable living needs:

  • during their first two (2) years in Australia (if the child is applying overseas)
  • for the two (2) years following the grant of the child's visa (if the child is applying in Australia)
Applicant (Child)

A complete application must be lodged for the applicant, including all application forms, supporting documentation and application charges. If the application meets all visa criteria, the applicant may be granted this visa.

The child's parent will usually lodge the application on behalf of the child.

Note: After being granted this visa, a separate application must be lodged for the child for the same permanent visa as their parent. This application must be lodged before a decision is made on the parent's permanent visa application.

Visa validity period

This visa is valid until a decision is made on the parent's permanent Partner, Spouse or Interdependency visa application, or until the parent's visa application is withdrawn.

Visa application process

Application forms

Active Migration Australia will assess each application individually and provide extensive checklists consisting of instructions to help you successfully complete the forms required.

Application for permanent visa

If this visa is granted, the child must lodge a separate application for the same permanent visa as their parent, before a decision is made on the parent's permanent visa application.

How to lodge your application

If the child is in Australia when their application is lodged the application must be lodged in Australia and the child must be in Australia when the visa is granted.

If the child is outside Australia when their application is lodged the application must be lodged outside Australia and the child must be outside Australia when the visa is granted.

Visa Requirements

Applicant Eligibility

Relationship and custody

The child must be the child or step-child of a parent who holds one of the following visas:

  • a temporary Partner visa (Subclasses 309 or 820)
  • a temporary Spouse visa (Subclasses 309 or 820)
  • a temporary Interdependency visa (Subclasses 310 or 826)
  • an Extended Eligibility visa (Subclass 445)

The child's parent must also satisfy one of the following:

  • they have the sole legal right to determine where the child shall live, or to remove the child from their home country
  • if another person can legally determine where the child can live, they must obtain a statutory declaration from this person or people, granting permission for the child to migrate
  • they possess a valid court order allowing them to permanently remove the child from the child's home country
  • they have a residence order, contact order or care order issued by the Family Court of Australia, and the grant of the visa is consistent with that order

Sponsorship

The child must be sponsored by the same person sponsoring the child's parent.

Age

Children under the age of 18 are generally considered dependent. If the child has turned 18 years of age, they must be financially dependent on their visa holding parent, except where the child has a disability that stops them from working.

Relationship status

The child must be single. They must not be married, or in a de-facto relationship or engaged to be married.

Health requirements

The child must meet health requirements.

Character requirements

Applicants who have turned 16 years of age must be of good character to enter or remain in Australia.

Sponsorship limitation and best interests of the child

If the applicant is under 18 years of age, the sponsorship cannot be approved (except in very limited circumstances).Even when the sponsor or the sponsor's spouse or de facto partner (if they have one) has a conviction or an outstanding charge for an offence against a child the sponsorship may not be approved. The applicant will also need to satisfy the requirement that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant.

In order to assess the sponsorship and the best interests of the child requirement, sponsors of children under 18 years of age, and their spouse or de facto partner, are required to submit an AFP National Police Check and/or foreign police certificate/s, depending on their circumstances

Australian Values Statement

If you are aged 18 years or over, you are required to sign an Australian values statement. The statement is included in your visa application form and all applicants aged 18 years and over will need to sign on it. This is required to confirm that they will respect the Australian way of life and obey Australian laws. Before signing this statement you are required to read, or you might have been explained about the book ‘Life in Australia book’.

The Life in Australia book provides more information on the values that Australians share and their way of life.

Sponsor Eligibility

This page provides information on the eligibility requirements for a sponsor for this visa.

Sponsors must be one of the following:

  • an Australian citizen
  • the holder of an Australian permanent visa
  • an eligible New Zealand citizen
  • Note: A sponsor who is an eligible New Zealand citizen must also meet health and character requirements

Sponsors must also be the sponsor of the visa holding parent and have turned 18 years of age.

Sponsorship limitation and best interests of the child

If the applicant is under 18 years of age, the sponsorship cannot be approved (except in very limited circumstances).Even when the sponsor or the sponsor's spouse or de facto partner (if they have one) has a conviction or an outstanding charge for an offence against a child the sponsorship may not be approved. The applicant will also need to satisfy the requirement that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant.

In order to assess the sponsorship application and the best interests of the child requirement, sponsors of children under 18 years of age, and their spouse or de facto partner, are required to submit an AFP National Police Check and/or foreign police certificate/s, depending on their circumstances. If the sponsor, or their partner, has spent a total of 12 months or more in Australia since turning 16 years of age, that person must provide an AFP National Police Check. They must also provide police certificates from each country in which they have spent a total of 12 months or more in the last 10 years since turning 16 years of age.

Note: Sponsors or partners required to submit an AFP National Police Check must complete the AFP National Police Check application form which is available from the Australian Federal Police website. Sponsors or partners should use Code 33 at Question 1 on the form and include details of all names they have been known by. If an AFP Certificate is provided based on incorrect information, the department may request another certificate. Fingerprints are not required for AFP National Police Checks.

Conditions and obligations for holders of visa subclass 445

If this visa is granted, the following requirements must be met.

Applicant obligations

The child must comply with all Australian laws.

Sponsor obligations

The following obligations apply to approve sponsors:

  • Be responsible for all financial obligations to the Australian Government that the child might incur while they are in Australia.
  • Ensure adequate accommodation and financial assistance is available as required to meet the child's reasonable living needs. If the child is applying outside Australia, this assistance would cover the child's first two (2) years in Australia. If the child is applying in Australia, this assistance would cover the two (2) years following the grant of the child's visa.
  • Provide information and advice to help the child settle in Australia.
  • Provide support as required to enable them to attend any required English language classes.
  • Advise the department in writing if their circumstances change in a way that may affect the child's eligibility for this visa, or the sponsor's eligibility to sponsor the child.