There are some things to take note where you would like to add your child/children as dependent(s) to your prospective marriage visa, onshore partner visa or offshore partner visa application.
Child of your relationship - under 18
Where your child is a child of the relationship, they can usually be added to the application with ease if they are under the age of 18. A birth certificate showing both your and your Australian partner's name is usually sufficient. If your child was born outside of Australia, it is recommended that you have the copy of your child's birth certificate certified by a Justice of the Peace (available in countries such as Australia and New Zealand) or a Notary Public (available in every country).
Child of your relationship - above 18
If they are above 18 years old, it would become necessary to prove dependency on you as the parent. Financial dependency is one issue that the Department will look at. If your child who is above 18 years old is studying full-time within 6 months of completing high school, it can be looked upon favourably as evidence.
Non-biological Child - under 18
Where your child who is under the age of 18 is not a biological child of the sponsor (your Australian partner) or yourself, there may be further complexities. It is important that you are able to show evidence of your custody of your child. If custody documents are not available, you will typically be required to provide a Form 1229 signed by both yourself and the other biological parent of your child, confirming that the child is allowed to leave his or her home country.
Addition of a child to your application after lodgement
If you are looking to add your child to your partner visa application after the application has been lodged, you will be required to complete a Form 1436 and providing additional documentation such as identity documents and documents to prove your child's relationship to you.
Disclaimer: The content on this page does not constitute legal or immigration advice. For advice on your specific circumstances, you can book a strategy session here or email our friendly staff at info@kinmigration.com.au to speak with our Australian-registered migration agent.
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