445 Dependent Child Visa
The Subclass 445 visa is a temporary visa designed for dependent children of individuals who have applied for a permanent partner visa in Australia. It allows these children to stay in Australia while their parent's permanent visa application is being processed. Key features include:
- Temporary nature, linked to the parent's visa status
- Allows travel to and from Australia
- Permits work and study in Australia
- Provides access to Medicare
Eligibility
Dependency
To be eligible, you must be the dependent child of a parent holding one of these visas:
- Subclass 309 (Partner Provisional)
- Subclass 820 (Partner)
- Subclass 445 (Dependent Child)
But what exactly does 'dependent' mean in the eyes of the Department of Home Affairs? It's not just about age. While being under 18 automatically ticks this box, even young adults can qualify if they're still fulfil the dependency requirement, i.e. are financially reliant on their parents. This could be due to full-time studies or a disability that affects their ability to work.
We go into further detail on the definition of "dependency" for both adult and underaged children in this article.
It is important to note that children over 18 must not enter into a de facto or married relationship until after you are granted the subclass 445 visa.
Sponsorship by Australian citizen or permanent resident
The same person sponsoring your parent's Partner visa must also sponsor you.
Character and health requirements
Like most other Australian visas, you must satisfy health and character requirements.
Best interest of the child under 18
The child must have:
Written approval from all individuals with legal authority over the child's place of residence
Verification that the child's home country's laws permit their emigration to Australia
It must not be against the best interest of the child for the visa to be approved. For instance, if the sponsor has criminal history which causes concern in the case officer as to whether the child's best interests are upheld, the case officer may choose to refuse the visa.
Visa application charges
As of July 2024, the visa application charges are $3,140 for the main visa applicant.
Document Checklist
- Visa application form (Form 918)
- Passport and photographs
- Birth certificate or proof of relationship
- Police certificates (if applicable)
- Medical examination results
- Evidence of financial dependency (for over 18s)
- Parental consent documents (for under 18s)
- Sponsorship documents
Processing times
As of October 2024,
50% of the applications are processed under 17 months.
90% of the applications are processed under 21 months.
Pathway to Permanent Residency
After the Subclass 445 visa is granted, the child must apply to be added to their parent's permanent Partner visa application. This is done by completing and lodging Form 1002 - 'Application by a subclass 445 dependent child for a permanent partner visa'. It's crucial to do this before the parent's permanent partner visa is decided, as failure to do so may result in the child becoming unlawful in Australia when their Subclass 445 visa ceases (at the same time as when the parent's permanent partner visa is decided).
While offering numerous benefits, including the right to reside, work, study, and access healthcare in Australia, we find from our consultations with clients that the subclass 445 visa type is one of the most frequently returned as "invalid" due to applicants' confusion regarding its requirements. This underscores the complexity of the process and the importance of thoroughly understanding all criteria before applying.
The content on this page does not constitute legal or immigration advice. Australian immigration doesn't have to be complex and we can help with your unique circumstances. To seek legal advice or information that is specific to your situation, please book a strategy session now.
FAQs for the 445 Visa
Can a Subclass 445 visa holder work and study in Australia?
Yes, Subclass 445 visa holders have unrestricted work and study rights in Australia. They can work full-time, part-time, or casually, and can enroll in any course of study. Additionally, they are eligible to enroll in Medicare, Australia's public health insurance system.
Can I apply for a Subclass 445 visa if I'm already in Australia?
Yes, you can apply for a Subclass 445 visa while in Australia, as long as you don't hold a visa with a 'no further stay' condition. However, you must still submit a paper application by post or courier, not in person or online.
Can I travel in and out of Australia with a Subclass 445 visa?
Yes, a Subclass 445 visa allows for multiple entries to Australia. You can travel in and out of the country as long as your visa remains valid. However, you should ensure that your visa hasn't expired or ceased before attempting to re-enter Australia.