Including dependent children in an Australian visa application is often assumed to be straightforward, however the legal definition of a “dependent child” can be technical and evidence driven – particularly where a child is aged 18 or over, where parents are separated, or where only one parent is migrating.
This newsletter highlights the most common questions and recurring issues that can affect processing timeframes and outcomes.
FAQs
Q1. What is a “dependent child” for Australian visa purposes?
Under Australian migration law, a dependent child is generally defined as a child who meets one of the following criteria:
- Under 18 years old: Minor children (under 18) are considered dependents, as long as they are not married or in a de facto relationship.
- Aged 18 to 23: Young adults can still qualify as dependent children if they are substantially reliant on their parent(s) for financial support (for basic needs like food, clothing, accommodation) and are not married, engaged, or in a de facto partnership. This usually implies they are studying (typically full-time) and not working full-time themselves.
- Aged 23 or over: An adult child 23 or older is only considered dependent in very limited circumstances e.g. if they have a serious physical or mental disability that makes them incapable of working or the child is completing postgraduate education.
Q2. Can a child aged 18 or over (but under 23) be considered a dependent child?
Sometimes. Children aged 18 or over (but under 23) are generally assessed more strictly. Depending on the visa subclass, a child may still qualify as a dependent if they can show genuine and continuing dependence, commonly demonstrated through:
- ongoing financial support from the parent; and/or
- a medical condition or disability affecting the child’s capacity to be self supporting (with strong medical evidence).
Evidence quality and consistency are usually decisive for 18+ dependents. You may need to provide things like proof of the child’s full-time enrollment in tertiary education, bank statements showing money transfers for their expenses, receipts for education or living costs paid by the parent, and proof that the child lives with you or is otherwise not self-sufficient.
If the now-adult child cannot meet the dependency criteria (for example, if they have started full-time work, left full-time education, or formed a de facto relationship), they would no longer qualify as a dependent.
Q3. What if my child turns 18 during the visa processing?
This can be significant because, for many visa subclasses, a child must meet the relevant “dependent child” or “member of the family unit” criteria at the time of decision (and not only at the time of lodgement). If the child turns 18 while the application is being processed, it is prudent to assume the Department may request further information to confirm the child continues to meet the applicable criteria.
In practice, the key issues commonly include:
- Ongoing dependency: the Department may expect evidence that the child remains genuinely dependent on the parent (particularly financial dependence), including updated bank records, proof the parent pays living and education costs, and evidence of living arrangements.
- Relationship status: the child typically must not be married or in a de facto relationship.
- Changed circumstances: any material change (study status, employment, living arrangements, caregiving arrangements) should be addressed with clear evidence and consistent explanations.
Where the applicable criteria cannot be satisfied once the child turns 18, it may be necessary to consider alternative pathways depending on the family’s circumstances and the relevant visa framework.
Q4. What if my child turns 23 before the visa is decided?
For many Australian visa subclasses where a child is included as a secondary applicant (or assessed as a “dependent child”/“member of the family unit”), the Department commonly requires the child to continue to satisfy dependency requirements at the time of decision (not merely at time of lodgement).
Accordingly, if a child turns 23 before decision, the child will generally cease to fit the standard “18 to under 23” dependent category. Unless the child can meet the 23+ incapacity/disability-based dependency criteria (with robust medical and functional evidence), the child may be found not to meet the dependency definition at time of decision and therefore not eligible to be granted the visa as a dependent.
An example is that the adult child has a serious disability or medical condition that makes them completely or mostly unable to work and support themselves. In such cases, if the child has been reliant on the parent due to this incapacity, they may still qualify as a dependent regardless of age. Extensive medical documentation and assessments would be needed to prove this “incapacitated for work” dependency.
Q5. What relationships qualify (biological, adopted, stepchildren)?
In many cases, the following may be included (subject to the visa criteria):
- Biological child;
- Adopted child (with adoption documentation that is recognised and properly evidenced);
- Stepchild (child of the applicant’s spouse or de facto partner).
Stepchild cases often attract additional scrutiny around parental responsibility and consent to migrate.
Q6. What if one parent is not migrating or does not consent?
Australia has strong safeguards to prevent child abduction or custody disputes via migration. If a child under 18 is migrating with only one parent (or with someone who isn’t their parent), you must show that everyone with legal parental responsibility consents to the child’s migration. This generally means the non-migrating parent must sign a special consent form (Form 1229) giving permission for the child to get an Australian visa.
Alternatively, if one parent has sole custody, you’d provide the court orders proving that. Failure to demonstrate proper consent will result in the visa being refused under Public Interest Criterion 4017, which is the rule aimed at ensuring no child is taken abroad against custody laws.
This issue is a frequent cause of delay, and it is best addressed early.
Q7. Do dependent children have to meet health and character requirements?
Health requirements will generally apply. The child must not have a health condition that would likely impose significant costs or demands on Australia’s health care or community services. In practical terms, conditions that are very costly to manage (or risk public health) can lead to a visa refusal for the child (and therefore the whole family).
If your child has a serious medical issue or disability, it’s wise to get professional advice on the visa health requirement. Sometimes, a health waiver can be sought depending on the visa subclass. All children will still need the initial health examination, even if a waiver or exemption might ultimately apply.
Character requirements may apply depending on the child’s age and the visa subclass. In practice, planning for health examinations and ensuring identity documentation is in order can avoid delays.
Q8. What are the most common reasons dependent child issues cause refusals or long delays?
- Insufficient evidence for a child aged 18+ (financial dependence not clearly established).
- Missing or inadequate consent/custody documentation for a child under 18.
- Inconsistencies across forms and documents (addresses, dates, living arrangements).
- Stepchild cases where the evidence does not clearly establish the relationship and legal ability for the child to migrate
Q9. What are the most common reasons dependent child issues cause refusals or long delays?
Conclusion
Dependent child eligibility is not determined by family circumstances alone; it is determined by how those circumstances align with the relevant visa criteria and how clearly they are evidenced. Early planning – particularly around dependency for children aged 18+ and consent/custody for children under 18 – can significantly reduce processing delays and risk.
Here is a questionnaire for assessing dependent children.
For assistance assessing dependent child eligibility and preparing supporting documentation (including dependency and consent materials), contact Migration Affairs:
📧 info@migrationaffairs.com.au
🌐 migrationaffairs.com.au/contact
📞 +61 2 8226 8777
Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.
Have more specific questions about your visa? Get in touch with Migration Affairs today.
