Introduction
When your baby is born after you have lodged your visa application but before it is granted, it can seem like you need to lodge a separate Child visa. This situation is common for skilled visas, such as the subclass 190.
Understanding Regulation 2.08
Regulation 2.08 of the Migration Regulations provides that a child born after a visa application is lodged becomes an applicant for that visa by operation of law. In other words, the baby is automatically added to the application as long as the application is still pending. There is no need to lodge a separate application or pay another application fee.
How to Use This Provision
If your visa has been granted without the baby being formally added, contact the Department of Home Affairs as soon as possible. Provide the baby’s passport and birth certificate and request that they process the baby under Regulation 2.08. The baby’s health assessments are usually carried out as a desktop assessment.
What If You Have Multiple Applications?
Parents sometimes have more than one skilled visa application pending (for example, subclass 189 and 190). A child born during processing is automatically included in each unfinalised application. The Department will process all applications unless you withdraw them. A holder of a 190 visa can still be granted a 189 visa if the application is successful.
Key Takeaways
- A baby born after a visa application is lodged is automatically included in that application under Regulation 2.08.
- You do not need to apply for a separate Child visa as long as the original application has not been finalised.
- Provide the baby’s passport and birth certificate to the Department promptly so they can complete the necessary checks.
- If you have multiple applications pending, the baby will be included in each application unless you withdraw them.
Disclaimer: The information above is general and may not apply to every situation. Each case depends on the specific visa subclass and timing of lodgement and grant.
If your baby was born during visa processing, our team at VisaTasker can help ensure your child is covered and that the Department processes the application correctly.
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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