When a child is born in Australia to parents who hold temporary visas, understanding their visa status can be confusing. The rules vary depending on the parents’ visa status at the time of birth.
General Principle
Children born in Australia to temporary visa holders generally acquire the same visa status as their parents at the time of birth. This means if a mother holds a Subclass 500 Student visa when her child is born, the child typically becomes a holder of the same visa subclass automatically.
Key Considerations
The child’s visa will usually have the same conditions and expiry date as the parent’s visa. However, there are specific requirements around notifying the Department of Home Affairs about the birth and ensuring the child is added to any subsequent visa applications.
If the parents hold different visas, the situation becomes more complex. Generally, the child takes on the visa of the parent who held a substantive visa at the time of birth. If both parents held substantive visas, further assessment may be required.
Adding a Newborn to Applications
If a visa application is already pending when a child is born, the child can usually be added as a subsequent entrant. This is important to ensure the child is included in any visa grant.
Disclaimer: This is general advice only and may not apply to your specific circumstances. For personalised guidance on your visa application, please book a consultation with one of our registered migration agents.
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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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