Petitioning Your Partner’s Child from Previous Marriage: A Quick Guide on the Dependent Child Visa (Subclass 445)
The Dependent Child Visa (Subclass 445) allows children of an offshore or onshore Partner Visa applicant to temporarily stay in Australia while the Department of Home Affairs (DOHA) is evaluating their application.
In this way, children will be allowed to stay with their parents if they are residing far away or overseas while awaiting a decision for a more permanent visa.
Eligibility for a Subclass 445 Visa
Dubbed as a “gift” for kids who want to stay with their parents who are residing in the country, the children should be financially dependent on their temporary visa-holding parents and their sponsor, as well as emotionally, to qualify for a Subclass 445 visa.
The children must likewise be sponsored by their parent’s sponsor. However, as only children 18 years old and below can be sponsored, children over 18 years old must prove, through documentary evidence and other information, that they are financially dependent on the parent who has the temporary Partner Visa for food, clothing, shelter, and others for a significant period of time.
Although children living at a home and studying full-time are generally considered to be dependent, applications for Dependent Child Visa are still assessed on a case-to-case basis and the decision would still depend on the child’s unique circumstances.
Sponsorships for Subclass 445 Visa Applicants
If you are sponsoring Subclass 445 visa applicants, you must also be a sponsor to their parent’s Partner Visa application, and DoHA must have approved your sponsorship. You must also not have been found guilty in any legal case involving children.
Although there is no cost to apply for sponsorship, you will be bound to several obligations, such as:
Responsibility for the cost to the Australian Government of the child living in Australia
Ensuring the children’s continued compliance with their visa conditions
If the children are working, ensure that they comply with work legislation and awards
Rights and Benefits of a Subclass 445 Visa Holder
Holders of a Subclass 445 visa may be able to temporarily move to or stay, travel to and from, and work and study in Australia. Once the child has been granted a Subclass 445, they must also apply to be added to their parent’s permanent Partner Visa application to be eligible for enrolment in Australia’s public healthcare scheme, Medicare.
Subclass 455 visa applicants must also not have held, or currently holding, another visa that has an 8503 – No Further Stay condition attached to it.
If the dependent child already has a child, they must also be included in their application upon applying, or before a decision has been given for a more permanent visa to the original Partner Visa applicant.
The child must also satisfy the health and character requirements prescribed by DoHA.
Application Process for a Subclass 445 Visa
Although the application process for a Subclass 445 visa is straightforward, a number of applications take unnecessarily longer, especially under the following circumstances:
The application is not filled in correctly and accurately
The application does not include all the documents the DOHA needs, or the information provided is lacking
The verification process of the provided information is taking time
For a smoother and faster application process for this visa, you will need the help of competent and experienced immigration lawyers and migrant agents. This is where Agape Henry Crux can come in and help you build your case.
How Can Agape Henry Crux Assist
At Agape Henry Crux, our Accredited Specialist(s) Immigration Lawyers and our team of immigration lawyers and migration agents are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Korean, Japanese, Mandarin, and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
Frequently Asked Questions (FAQs)
-
The average time it usually takes from the time the application is lodged and eligibility has been determined, until the visa grant is two (2) years. The application could take longer if you submitted incomplete documents, or the application is not filled in with the right information.
-
You have to be in a de facto relationship for twelve (12) months or more to qualify for a Partner Visa before you lodge your application.
-
As long as you are a valid sponsor for a Partner Visa, then you can. You must be an Australian or eligible New Zealand citizen, or a Permanent Resident (PR), to qualify as a sponsor.