Dependent Child Visa (Subclass 445)
Dependent Child Visa: This visa allows a child to stay in Australia temporarily while the Department of Home Affairs (“DHA”) process the child’s parent’s Partner visa application (subclass 309 or subclass 820). Sponsorship is only available for dependent children under 18 years old before the DHA approves the parent’s permanent Partner visa (subclass 100 or subclass 801), otherwise must prove that the child is financially dependent on the parent who has the temporary Partner or Dependent Child visa.
The child must be a dependent child of the visa-holding parent and be sponsored by the nominator or sponsor of the visa-holding parent.
With this visa the child can:
- Move to or stay in Australia until the DHA decide the parent’s permanent Partner visa application
- Travel to and from Australia
- Work and study in Australia
Length of stay:
Temporarily, the child can stay until the DHA decide the their parent’s permanent Partner visa application or their parent withdraws their permanent Partner visa application.
The child can be outside or inside Australia when the application is lodged. If the child was outside Australia when the application is lodged, the child must be outside Australia when then visa is granted. If the application is made in Australia, child must be in Australia when the visa is granted.
Who could get this visa
To get this visa, the child must be:
- Sponsored by the same person who provided sponsorship to the parent
- Younger than 18 years old (*if older than 18 years old, please see below)
- Must be unmarried
- Must not hold another visa that has a 8503 condition – ‘No Further Stay’
The child must be under 18 years old. If over 18 years, must be financially dependent on the parent who has the temporary Partner or Dependent Child visa (subclass 445). For evidence of dependency, the child needs to show that they are completely or substantially reliant on the parent for financial assistance with the basics like food, clothing and shelter for a lengthy period of time. The child cannot be dependent on any other person for this help more than the parent.
In general, if a child is living at a home and is studying full-time, they will be classified as dependent. However, dependency is assessed on a case-by-case basis so it would depend on the child’s individual circumstances.
The child’s parent must hold either a temporary Partner visa (subclass 309 or 820) or hold a Dependent Child visa themselves.
Best interests of the child
This visa will not usually be granted if it is against the best interests of a child younger than 18 years of age.
The child must meet certain health requirements. The results are usually valid for 12 months.
A child older than 16 years of age must meet certain character requirements. They must be prepared to provide a police certificate from each country they have lived in for 12 months or more during the past 10 years after they turned 16 years of age.
Debts to the Australian Government
The must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government.
Have Consent to Travel to Australia
Visa will only be granted to a child younger than 18 years if either:
- The child has the written consent of everyone who can legally decide where they live. Or
- The laws of the child’s home country allow them to leave their home country, or
- It is consistent with any Australian child order about the child
The child must be sponsored by the same person sponsoring the child’s parent. Sponsor must be one of the following:
- An Australian citizen
- The holder of an Australian permanent visa
- An eligible New Zealand citizen
Suitable to sponsor
Sponsorship must be approved. Sponsorship might not be approved if the sponsor or their partner has been charged or convicted of offences involving children.
Cost for the sponsor
There is no cost to apply for sponsorship, however financial obligations will apply.
Sponsor will need to agree to the followings from the date that the child’s visa is granted and until the child’s parent’s permanent Parent visa application has been decided:
- Be responsible for the cost to the Australian Government of the child living in Australia
- Ensure the child complies with the visa conditions attached
- Must ensure the child comply with workplace legislation and awards if the child decides to work in Australia