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Dependent Child Turns 18 While a Partner Visa Is Processing: What Happens?
Emigrate Lawyers | Immigration & Family Lawyers Emigrate Lawyers | Immigration & Family Lawyers

Dependent Child Turns 18 While a Partner Visa Is Processing: What Happens?

A child turning 18 while a Partner Visa application is processing does not automatically remove them from the application. But turning 18 changes the dependency test. Home Affairs says that if a child turns 18 during family-visa processing, it will assess whether the child remains a dependent.

For Partner Visas, adult dependants usually need evidence that they remain members of the family unit under the age and dependency rules.

What is the rule after age 18?

Home Affairs’ current Subclass 309 guidance states that a dependant over 18 but not yet 23 can be included where they remain dependent on the applicant or partner. For a dependant who has turned 23, the ordinary rule is much narrower: they generally need to be unable to earn a living to support themselves because of physical or cognitive limitations and remain dependent.

What evidence of dependency may be needed?

  • Birth or adoption records proving the relationship.
  • Form 47A for an adult dependent family member.
  • Bank statements or money transfers showing financial support.
  • Rent, accommodation or household evidence.
  • Study enrolment where relevant.
  • Evidence of the adult child’s own income and expenses.
  • For a child aged 23 or likely to turn 23, medical evidence where dependency is claimed because of disability.

Does being a full-time student automatically prove dependency?

No single document automatically proves dependency. Study can be relevant, but the Department may still look at whether the adult child is financially dependent on the parent or partner for basic needs and whether they otherwise satisfy the member-of-family-unit requirements.

What if the child marries or enters a de facto relationship?

The family-unit definition generally excludes a child or step-child who is engaged to be married or has a spouse or de facto partner. A change in the adult child’s relationship status can therefore be highly significant and should be notified.

Illustrative case example: child turns 18 during 309 processing

Composite example: A 17-year-old was included as a dependent child in a 309/100 application and turned 18 before a decision. Instead of assuming the child remained included automatically, the family updated the evidence with university enrolment, bank transfers, accommodation records and a Form 47A showing ongoing financial dependency. The legal issue had changed from being “under 18” to satisfying the adult-dependent criteria.

What if a child is added after the temporary Partner Visa is granted?

If a parent already holds a Subclass 309 or 820 and needs to add an eligible dependent child to the permanent Partner Visa stage, Home Affairs may require the child first to obtain a Subclass 445 Dependent Child visa and then be added before the permanent 100 or 801 decision.

For offshore applications, see our 309/100 Partner Visa hub. For onshore cases, see our 820/801 Partner Visa hub.

General information only. Dependency must be assessed at the relevant stage of the visa process and age changes can alter the evidence required.

Legal review

Reviewed by , Principal Lawyer

Date reviewed: 4 September 2026

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