Who counts as a child?
A child or step-child can be included in a partner visa application only if they are not engaged, married or in a de facto relationship. Children under 18 can generally be included. For children who have turned 18, the rules depend on whether the child is dependent on you.
Onshore partner visas (subclass 820/801)
Children are included as dependent children of the applicant. A child or step-child who has turned 18 can be included if they are dependent on you, or unable to work because of the total or partial loss of bodily or mental functions. There is no upper age limit, but the dependency must be shown.
Offshore partner visas (subclass 309/100)
Children are included as members of your family unit. A child or step-child aged 18 to 22 can be included if they are dependent on you or your partner. From 23, they can be included only if they are reliant on you or your partner because they are unable to work due to the total or partial loss of bodily or mental functions.
What “dependent” means
A child is financially dependent on you if, for a substantial period, they have been wholly or substantially reliant on you for financial support for their basic needs for food, clothing and shelter, and rely on you more than on anyone or anything else for that support.
The child generally must meet these requirements when the application is made and when it is decided. A dependent child can generally be added to an onshore partner visa application before it is decided.
Common issues
- employment or other income that shows the child supports themselves;
- a child who marries, becomes engaged or enters a de facto relationship before the decision;
- a child who has turned 23 when an offshore application is made and is not incapacitated for work; and
- evidence that is inconsistent with earlier visa applications, which can raise PIC 4020 concerns.
How we help
- Eligibility check: we confirm whether each child can be included under the onshore or offshore rules.
- Strategy: we advise on timing, including adding a child to an application that is still being processed.
- Submissions: we present the evidence of dependency clearly, with a written submission where one is necessary.
Frequently asked questions
What if my child turns 18 while the application is being processed?
They can generally remain included if they meet the dependency requirements when the visa is decided. Get advice early so the evidence is ready.
Is the main partner visa page relevant too?
Yes. Read about partner visas, including the two stages and the relationship evidence the Department looks for.
Talk to a Registered Migration Agent
A partner visa strategy session with Tatsiana Pustavoit (MARN 1800880) gives you a clear pathway, the risks to address and the next steps. Consultations are held online via Microsoft Teams or by phone. Only the Department of Home Affairs can decide a visa application, and no registered migration agent or lawyer can guarantee an outcome.