The Dependent Child Visa – subclass 445 is for children under 18 years, whose parent holds a temporary partner visa, subclass 309 (READ MORE) or subclass 820 (READ MORE). The subclass 445 dependent child visa is issued on a temporary basis to the child who is either inside or outside Australia when applying for this visa. If you are the parent of a child who normally lives overseas and does not have a Child Visa 445 for Australia, you may be able to apply for the Child Visa 445.
Getting a Child visa has many traps for the unwary and the Department treats every visa application very seriously. The Department MUST be sure the child is yours and that both parents agree that the child can migrate. Additionally when a child is over 18, there are VERY strict rules on how to prove a child is dependent on the parent not just at the time of the application lodgement but also at the time the application is approved.
You cannot get a Dependent Child Visa 445 before an adoption process is finalised. Adoption is not an immigration or visa matter as it is managed through State governments in Australia.
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A Temporary Partner Visa 309 or 820 holding parent can apply for a Dependent Child Visa 445 only if the parent has not already included the child in their Partner 309 (READ MORE) or Partner 820 (READ MORE) visa application. Like the Temporary Partner Visa 309 and 820 holders once the 445 visa is granted the child should immediately apply for a permanent partner visa before their parent’s Permanent Partner Visa 100 or 801 is granted or refused by the Department.
Visa application times vary depending on the amount of applications the Department receives but the average time is 6 to 12 months.
The Department is very strict on BOTH parents agreeing that the child can come to Australia on a child visa. There are special forms to complete and there are ways to get around the situation where only one parent is on the birth certificate. However, many parents think its best to tell the Department the other parent is dead, missing or has never been involved in the child’s life. This is not going to help get a visa and is often the reason for a visa refusal as the Department demands a high level of proof about these issues Do not expect to get child visa easily if both parents do not agree on the child moving to Australia. The Department is very good at telling if a person is lying, if you have any issues getting permission or finding the other parent please contact our Lawyer and Migration Agent Hanh Ho for advice +61 04 06 888 639
Sponsorship of the child for Dependent Child Visa (Subclass 445)
The sponsor who is sponsoring the parent for a partner visa must also sponsor the child too. The sponsor has the responsibility to support the child and his/her family member (or members) in Australia. Like the Partner Visa the sponsor has to support the child for the initial 2 years with accommodation and adequate financial support from the time they enter Australia if the child has applied for a Visa 445 outside Australia. If the child applies for a 445 Dependent Child Visa within Australia, the sponsor must support the child from the date of issuance of the visa.
As a sponsor, one also has the responsibility to help the child learn the English language by enrolling them in English classes.
There are options for both.
In some cases, the child must be outside Australia when the application is lodged and when the child visa application is decided and in other cases, the child can be in Australia to apply it depends on what type of Partner Visa the parent has applied for. If the parent has applied for a Partner Visa 309 (READ MORE) then the child needs to apply from outside Australia. But, if the parent has applied for a Partner Visa 820 (READ MORE) then the child can apply inside Australia this is great as it means the child can be with the parent while waiting for the child visa.
Sometimes the Department does require DNA tests. However, we can guide you on these. Do not be afraid, if you are sure the child is yours, you have nothing to worry about.
There is sometimes confusion amongst visa applicants when getting a visa for their child. Contact our Lawyer and Migration Agent Hanh Ho today so she can advise you of the best visa option.
Our Migration Agent Hanh will also ensure that you meet all the visa lodgement criteria and work closely with you to prepare and submit a completed decision ready application.
Here at IST Migration, we have helped many people not only get their child a visa but also obtain the parents 309, 100 and 820, 801 partner visas. Call Hanh for more information about Child Visa 445 and/or Partner Visas 309, 100 and 820, 801 +61 04 06 888 639.
Have you been refused a Tourist or Partner Visa due to using unreliable services or an inadequate visa application? We are here to help you solve the problem.