Here’s a scenario that catches many families off guard: you’re holding a Subclass 820 (Partner – Temporary) visa and have lodged a Subclass 445 (Dependent Child) visa for your child. Then, unexpectedly, your Subclass 801 (Partner – Permanent) visa is granted before the child’s 445 visa has been decided. What happens next?
The Problem: Timing Mismatch
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The Subclass 445 visa is specifically designed for dependent children of Subclass 820 (temporary partner visa) holders. It allows the child to remain in Australia while the parent’s partner visa is being processed. The 445 visa is linked to the 820 — so when the parent’s 801 (permanent partner visa) is granted and the 820 ceases, the basis for the 445 application can be affected.
If the child hasn’t been added to the 801 application before it’s granted, and the 445 hasn’t been decided yet, the family can find themselves in a difficult situation where the child doesn’t automatically get permanent residency with the parent.
What Are the Options?
Migration professionals have identified several possible approaches when this timing issue occurs:
- Add the child to the 801 before it’s granted: The best approach is prevention. If you have a pending 445 application, make sure the child is also added to the 801 application as a dependent before the decision is made. This way, if the 801 is granted, the child is included.
- Request revocation of the 801 grant: In some cases, it may be possible to request that the Department revoke the 801 grant so that the child can be added and the visa re-granted. However, this is not guaranteed and depends on the Department’s discretion.
- Lodge a separate child visa: If the 801 has already been granted without the child, the 445 application may need to be withdrawn and a separate child visa application (such as a Subclass 101 or 802) may need to be lodged.
- Contact the processing centre: Reaching out to the processing centre to explain the situation and request that they hold the 801 decision until the 445 is finalised is another option, though it requires proactive communication.
Why Does This Happen?
This timing issue typically occurs because the 820 and 801 are separate visa stages processed at different times, and the 445 is processed independently. The Department doesn’t always coordinate the timing of these decisions, which means the 801 can be granted before anyone expects it — including before the 445 has been decided.
How to Prevent This Issue
- Add all dependents early: Ensure all dependent children are included in both the 820 and 801 applications from the outset.
- Monitor processing times: Keep an eye on current processing times for both the partner visa and the 445 to anticipate potential timing issues.
- Communicate with the Department: If you have a pending 445 and your 801 is approaching a decision, proactively contact the Department to flag the situation.
- Get professional advice: A registered migration agent can help coordinate the timing of multiple visa applications and avoid these costly gaps.
If you’re in a situation where your partner visa has been granted but your child’s visa is still pending, or if you want to make sure this doesn’t happen to your family, we can help you navigate the options.
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Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal or migration advice. Visa rules and policies can change, and individual circumstances vary. We recommend booking a consultation with one of our registered migration agents for advice tailored to your specific situation.
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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