If you’re applying for a Partner Visa (Subclass 820/801) and have a dependent child who is overseas, you may be wondering how to include them in your visa pathway. The Subclass 445 (Dependent Child) visa is specifically designed for this purpose — but the process involves careful planning, especially when it comes to age requirements and timing.
What Is the Subclass 445 Visa?
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The Subclass 445 is a temporary visa that allows the dependent child of a partner visa applicant to come to Australia while the parent’s partner visa is being processed. Once the parent’s Subclass 801 (permanent partner visa) is being considered, the child can then be added to that application.
Key features of the 445 visa include:
- The child must be a dependent child of the partner visa applicant
- The parent must hold or have applied for a Subclass 820 or 309 partner visa
- The child can study and work in Australia on this visa
- The visa remains valid until the parent’s partner visa is finalised
Age Requirements: Time of Application vs Time of Decision
One of the most frequently asked questions is: when is the child’s age assessed — at the time of application or at the time of decision?
For the Subclass 445 visa, the “dependent child” requirement is generally assessed at time of application. This means the child should meet the dependent child criteria when the 445 application is lodged. However, there are nuances:
- A child who is under 18 at the time of application is generally considered a dependent child (subject to custody and other requirements).
- A child who is 18 to 23 may still qualify as a dependent child if they are financially dependent on the parent and are either studying full-time or have a disability.
- If a child turns 18 during processing, they may still be granted the visa — but the Department will assess whether they remain genuinely dependent on the parent.
The Dependency Test
For children approaching or over 18, the Department will closely examine whether the child is genuinely dependent on the parent. The key factors include:
- Financial dependency: The child’s income should be less than 50% of the cost of their basic needs (clothing, food, and accommodation).
- The parent must be providing support: Evidence such as bank statements showing regular transfers, receipts for school fees, and evidence of paying for the child’s living expenses.
- Study status: If the child is over 18, being enrolled in full-time study strengthens the case for dependency.
The Recommended Process
Based on migration agent advice, here is the typical recommended sequence for including an overseas dependent child in a partner visa application:
- Lodge the parent’s 820/801 partner visa application onshore in Australia.
- Wait for the 820 to be granted (the first stage of the partner visa).
- Apply for a Subclass 600 Visitor Visa for the child to come to Australia (optional but recommended).
- Lodge the Subclass 445 application for the child — this can be done offshore or onshore.
- Once the 445 is granted, add the child to the parent’s 801 application using the appropriate form.
- When the 801 is granted, the child receives permanent residency as part of the parent’s application.
Alternative Approach: Include the Child in the 820 from the Start
If the child can travel to Australia before the parent lodges their partner visa, another option is to:
- Bring the child to Australia on a Visitor Visa (Subclass 600)
- Lodge a combined 820/801 application that includes the child as a dependent
- This avoids the need for a separate 445 application
However, this approach requires the child to be in Australia at the time of the partner visa lodgement and may involve additional costs for education and living expenses.
Key Takeaways
- The Subclass 445 visa allows dependent children of partner visa applicants to come to Australia during processing.
- Age is generally assessed at time of application, but ongoing dependency is checked throughout processing.
- Children over 18 must demonstrate genuine financial dependency on the parent.
- Plan ahead — especially if your child is approaching 18, timing is critical.
- Consider whether including the child in the initial 820 application (if they can be in Australia) might be simpler than a separate 445.
Related Articles You May Find Useful
- The BVB Switcheroo: How to Get Travel Rights When Stuck on a Bridging Visa C
- Switching from a Student Visa to a Partner Visa: Timing, Bridging Visas, and Work Rights
- Lodging a Parent Visa in Australia: What to Expect With Processing, Acknowledgement, and Bridging Visas
- Received a Section 57 Natural Justice Letter? Here’s What It Means and How to Respond
- Transitioning from Student Visa to 485: Avoiding the Bridging Visa Trap
Disclaimer: This blog post provides general information only and is current at the time of publishing. It is not intended as legal or migration advice specific to your situation. For personalised advice, please book a consultation with one of our registered migration agents.
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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