Dependent visa Australia. To begin with, who would not want to bring their family members with them when they decide to settle in Australia? Everyone does, don’t you think so? And that may include you.
But before you get excited about the prospect of having your whole family pack up their belongings and join you here, let’s discuss some key issues related to the application of Australian dependent visa.
Visas for dependents are not the same
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Not all visas for your dependents are created equal. While most visas accommodate your partner and your dependent children, there are some types also that allow you to sponsor your parents and the less-immediate members of your family.
But for purposes of our discussion here, let’s focus on the members of your immediate family, namely your partner and your (or your partner’s) dependent child or children.
To some of you, this topic may prove interesting because this may debunk some presumptions that you may already have. So, we urge you to read on.
Australia dependent visa for a spouse. Partner visa
You may notice that the operative word here is a partner and not a spouse. You’re right: you don’t have to be married to your potential dependent for you to be able to sponsor him or her. The Department of Immigration and Border Protection (DIBP) has a term for it: your de facto partner. We will hash out below how your de facto partner can qualify as a dependent
Here are the requirements you need to provide before the Australian government considers your partner a bona fide dependent. You have to prove the following:
- that the relationship with your partner is authentic and ongoing
- that when the application is lodged, he or she is at least 18 years old, although there are exceptions here
- that you are not in any way related by family
- that both of you commit to an exclusively shared togetherness
- that you live together permanently
Other information worth noting include:
- Your partner can be of the opposite sex or of the same sex as yours.
- If you are married to your partner, the Australian law must recognize such marriage to make it legal.
You can also add your partner to 457 visa.
Child dependent visa Australia
First of all, you need not be related biologically to the child for them to be eligible as your dependent. Stepchildren (in some cases, even from your previous relationship) and adoptive children are also qualified to be your dependent as biological ones, provided, of course, they comply with the following requirements:
- they must be your child, stepchild or adoptive child
- they must be single, not engaged to be married nor have a de facto partner
- they must be under 18 years old
- if they’re 18 years old but not turning 23 yet, dependence on you or your partner must be established
- if they’re over 23 years of age and cannot support themselves due to physical or mental limitations and thus dependent on you or your partner
It’s worth noting that your child or stepchild is considered to be dependent if they continue to rely on you for their basic needs such as food, clothing, and shelter.
You may ask: What if my child is born after I lodge my application but before it is granted? The answer is: the child will be automatically included in that application. And, according to DIBP, it does not matter if the child is born in Australia or not. You just have to inform the concerned government agency about it as soon as possible.
Informing the proper authority involves completing form 1022, attaching the certified true copy of the birth certificate of the child to it and mailing them to the office that’s processing your papers. Form 1022 is the document used when there are changes in your circumstances that have an impact on your application.
What if a child is born in or outside of Australia?
If your child is born in Australia, the government automatically grants them the same visa you and your partner hold at the time of their birth. If either you or your partner is an Australian citizen or Australian permanent resident at the time of your child’s birth, the child might be eligible for an Australian citizenship by birth.
If your child is born outside Australia and either you or your parent is an Australian citizen at the time of their birth, they can be an Australian citizen by descent.
Sometimes occasions may arise when a claimed family relationship cannot be supported by sufficient evidence. In cases such as this, DIBP might recommend a DNA test for you and the concerned family member to establish the relationship. You will shoulder the expenses incurred in the procedure.
We’re sure many questions are still lingering on your mind right as regards this subject. But don’t worry, our company Nowak Migration is always here to listen to those questions and give you expert advice.
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