Including Stepchildren or Children From a Previous Relationship in a Partner Visa Application

A Partner Visa applicant can often include eligible children from a previous relationship, including certain stepchildren, but the immigration rules and parental-responsibility requirements need to be checked carefully. The fact that the new Australian sponsor is not the child’s biological parent does not by itself prevent the child from being included.

The central questions are whether the child is a member of the family unit, whether the child satisfies age/dependency criteria, and—if under 18—whether everyone with a legal right to decide where the child lives has consented to migration or an alternative court/legal basis exists.

Children under 18

Home Affairs’ Subclass 309 guidance requires identity and relationship documents for dependent applicants under 18, along with health examinations, character documents where required, and adoption or parental court orders where relevant.

What if the other biological parent is not migrating?

For an applicant under 18, Home Affairs requires consent from anyone who has a legal right to decide where the child lives and is not migrating with the child. This is commonly dealt with through Form 1229 plus identity evidence, or through an Australian court order or other legally acceptable evidence showing the child can migrate.

What is a stepchild for migration purposes?

Migration law contains specific definitions of child, step-child and member of the family unit. The label used by the family in everyday life is not always enough. Where the child is a stepchild of the visa-holding parent and not the biological child of the sponsor, additional evidence of the former relationship, parentage and parental responsibility may be required.

What about children over 18?

Adult children can only remain included where they satisfy the applicable dependency rules. For most family-unit purposes, a child who has turned 18 but not 23 must be dependent on the parent or partner. A child aged 23 or older generally needs to be dependent because physical or cognitive limitations prevent them earning a living to support themselves.

Illustrative case example: child from a previous marriage

Composite example: An offshore Partner Visa applicant had a 12-year-old child from an earlier marriage. The Australian sponsor was not the child’s biological parent. The visa application could not be prepared as though the new sponsor’s consent alone was enough. The evidence included the child’s birth certificate, divorce and parenting documents, the other parent’s formal consent to migration and identity evidence, together with proof that the child was part of the applicant’s family unit.

What if the child is born or added later?

Newborn children and children who need to be added after the temporary Partner Visa stage have separate procedures. A child of a 309 or 820 holder may need a Subclass 445 Dependent Child visa before being added to the permanent 100 or 801 application.

Documents to prepare early

• Birth and adoption documents.
• Divorce or separation documents from the previous relationship.
• Parenting orders or custody documents.
• Form 1229 and the consenting parent’s identity evidence where applicable.
• Evidence of dependency for children aged 18 or older.
• Evidence of the child’s relationship to the Partner Visa applicant.

For the complete Partner Visa framework, see our Partner Visa lawyers Australia hub, 309/100 hub and 820/801 hub.

General information only. Child inclusion can involve migration, custody and parental-responsibility issues that should be assessed before lodgement.