Can Children Over 18 Years Old Still Be Dependant On Your Visa?
Only Australian visa applications can include individuals recognised as a “Member of the Family Unit” (MoFU). This category includes children (or stepchildren) of the main applicant or their spouse or de facto partner.
my children are over 18 years old; what do I do?
Children over 18 can still be included if they meet specific criteria regarding dependency.
What are the specific criteria for children over 18 years old?
Children over 18 may be included in a visa application if they are:
Under 23 years of age and dependent on the primary applicant, also known as the “family head” (or their spouse/de facto partner); or
Over 23 years of age and reliant on the “family head” (or their spouse/de facto partner) due to incapacity for work resulting from the total or partial loss of bodily or mental functions.
What is the definition of “Financial Dependency”?
Financial dependency is when a child is considered dependent on a parent or their spouse/de facto partner. This determination is made if the following conditions are met at the time of assessment:
The child has been wholly or substantially reliant on the parent for financial support to meet their basic needs for food, clothing, and shelter for a significant period.
The child's reliance on that parent is greater than any reliance on other individuals or sources of support for their basic needs.
Key Considerations Under Departmental Policy
Dependency by Choice: A person cannot be excluded from being deemed “dependent” simply because they are dependent “by choice.” The focus is solely on whether the person is dependent and not the reasons behind it.
Substantial Period: A “substantial period” is generally defined as 12 months. However, individual circumstances may influence this assessment, including previous independence and the likelihood of continued dependency.
Financial Dependency Only: The assessment only considers financial dependency related to basic needs (food, clothing, and shelter).
Income Attribution: If a child earns an income (or receives benefits), this income must first be attributed to their basic needs. For instance, if a child’s income meets most of their basic needs, they may not be considered “wholly or substantially reliant” on the family head, even if the family head provides additional support.
Reliance Comparison: The reliance on the family head must exceed reliance on any other sources.
Basic Needs Definition: “Basic needs” refers to essential requirements for survival, such as food, clothing, and shelter, and does not include luxuries or discretionary extra items.
Are there other forms of dependency?
A person may be deemed dependent on the family head due to financial reliance stemming from a disability that incapacitates them from work. This definition is based on the Disability Discrimination Act 1992.
What is Disability Dependency?
Having a disability alone does not guarantee dependency status.
Individuals working in supported employment or similar roles are not automatically excluded.
The dependency must be due to the “total or partial loss of bodily or mental functions” that prevents work.
Unlike financial dependency, there is no requirement for this type of dependency to have existed for a “substantial period.” However, a qualified medical assessment is typically needed to substantiate the claim, and a detailed medical report should outline the condition and its impact on the individual’s ability to work.
In this case, BUPA or the panel doctor (if the application is made offshore) may assess the nature and degree of the dependency.
How to prove the dependency?
The Department usually requires a Form 47A for each child over 18 and supporting evidence of financial dependency.
What are the Common Supporting Documents for Child Dependency?
Educational Expenses: Payments for university studies or accommodation can demonstrate dependency, particularly for students.
Residential Evidence: Documents showing that the child resides at the same address as the parent.
Financial Records: Bank statements indicating transfers to the child or supplementary credit card statements can also support claims of financial dependency.
By understanding these criteria and providing appropriate evidence, visa applicants can effectively demonstrate the dependency of family members included in their visa applications.
How Can Agape Henry Crux Help
It is easy to want to include your family members in your visa application; if your children are over 18 years old, we highly suggest that you speak with us at Agape Henry Crux to have a tailored strategy for your visa pathway. Our Accredited Specialist(s) in Immigration Law and our team of immigration lawyers 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, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
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