Adding Children to a Partner Visa Application

Many partner visa applicants have children, or have a baby while the application is being processed. How a child is added depends on timing, and some extra checks apply.

Including children at the start

Dependent children can be included in your combined application. Each child must meet health requirements, and children under 18 have extra requirements about custody, consent and their best interests. If any applicant is under 18, the sponsor must provide police checks, see sponsors with a criminal record.

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A baby born during processing

Many babies are already Australian citizens. A child born in Australia is generally an Australian citizen by birth if a parent is an Australian citizen or permanent resident, which is often the case where the sponsor is one. In that case, the child does not need a visa. Otherwise, a child born after you apply and before a decision is generally added to the application automatically, and a child born in Australia to an 820 holder also holds an 820.

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Adding a child while the 820 is undecided

While your 820 is undecided, dependent children can be added to the application. Partners and other relatives cannot be added after lodgement, only children.

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Adding a child after the 820 is granted

Once the 820 is granted, a child generally needs to apply for a dependent child visa with the same sponsor, then be added to the 801 by written request. Adding the child to the 801 is free and needs no new sponsorship form, but the dependent child visa has its own application charge.

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One fails, all fail

Every member of your family unit must meet health and character requirements, including children who are not migrating with you, unless it is unreasonable to require it. A child’s health issue can affect the whole application, so disclose everything early.

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What you should do now

• List every child: include all your children in the application, including those not migrating.
• Get consent sorted: if the other parent is not migrating, organise custody and consent documents.
• Register a birth quickly: for a newborn, get the birth certificate and check whether the child is an Australian citizen.
• Act before the 801: add children before the 801 decision so they can be granted with you.