Dependent Child Visa (Subclass 445)
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In this comprehensive guide, we will walk you through the key aspects of Subclass 445 and how it can help reunite families in Australia.
Introduction
The Dependent Child Visa (Subclass 445) allows dependent children move to and stay in Australia until the DHA decides on their parent’s permanent Partner Visa.
This is a temporary visa providing an opportunity for dependent children to remain with their family during the migration process.
Benefits of the Dependent Child Visa (Subclass 445)
The Dependent Child visa entitles holders to:
- Move to or stay in Australia until a decision is made on their parent’s permanent Partner visa.
- Travel to and from Australia freely (with multiple entry rights).
- Work and study in Australia unconditionally
- Join free English language classes (Adult Migrant English Program) if eligible.
Eligibility Requirements of the Dependent Child Visa (Subclass 445)
To be eligible for Subclass 445, you must meet the following requirements:
General Requirements
1. Have an approved sponsor
To qualify for Subclass 445, the child must have a sponsor — this must be the same person who sponsored or nominated their parent’s permanent Partner visa.
In the event that the sponsor or their spouse/de facto partner (if applicable) have a pending charge for a registrable offence (e.g. family violence or child-related offences), the sponsorship and visa application will be declined.
2. Age requirement
To apply for this visa, you must be under 18. If you are aged over 18, you must be financially dependent on your parent holding a temporary partner visa or dependent child visa.
3. Health and Character Requirements
All applicants must:
- Meet health requirements including medical checks and health examinations.
- Meet character requirements, generally assessed through police certificates from countries you have lived in.
4. Adherence to the Australian Values
If you are aged 18 and over, you must sign an Australian Values Statement to confirm your respect to the Australian lifestyle and law.
5. Have repaid any outstanding debts to the Australian Government
If you owe money to the Australian Government, you must have repaid it or have a formal arrangement in place to repay.
Dependency & Travel Requirements
1. Dependency Requirement
You must be dependent on a parent holding an offshore partner visa (subclass 309), onshore partner visa (subclass 820) or a dependent child visa (subclass 445).
The child should apply to be included in their parent’s permanent Partner visa application once Subclass 445 visa is granted.
If the child was born offshore or one of their parents enjoys the Australian citizenship upon the child’s birth, they may be eligible for the Australian citizenship by descent.
2. Have a Consent to Travel to Australia
If the child is under 18, the visa is granted only if:
- The child has obtained a written consent from the individual legally authorized to decide where they live, or
- The domestic laws of the eligible child’s home country permit them to travel overseas from their home country.
Sponsorship Requirements
1. Sponsor’s Obligations
If you serve as an approved sponsor for an eligible child, you must:
Provide assistance with accommodation and financial support, as needed, for the first two years of their stay in Australia.
- Ensure the child’s compliance with their visa conditions and work place regulations if the child works in the Australian market.
2. Sponsor’s Character Requirement
Sponsors must meet character requirements, including providing police certificates for any country where they have lived for 12 months or more over the past 10 years.
Sponsorship may be refused if the sponsor has a criminal record, particularly for offences involving children or family violence.
3. Sponsorship Obligations Duration
The sponsorship obligations are in effect as of the visa grant date until the final decision on the permanent partner visa.
Moreover, this visa requires no sponsorship cost.
Required Documents
To apply for the Dependent Child Visa (Subclass 445), you are required to provide a complete portfolio of the documents listed below:
Applicant’s Documents
A) Identity Documents
- Child’s current passport showing their personal information and photo, including issue and expiry dates
- National ID card (if exists)
- Proof of name change from an Australian Registry of Births, Deaths and Marriages
B) Character Documents
Applicants aged 16 and older must provide:
- A police certificate for each country they have resided in for 12 months or more during the last 10 years.
- Completed Form 80 for character assessment
C) Documents for Child’s Relationship to the Parent
- A birth certificate showing the name of parents
- A marriage certificate
- An adoption certificate
- An official family status certificate or family book
D) Financial Documents
- Bank statements
- Evidences for money transfers
- Lease agreements
Sponsor’s Documents
A) Identity Documents
- Your current passport showing your photo and details as well as issue and expiry dates
- Birth certificate showing both parents’ names
- A family book
- A government-issued and court issued documents verifying your identity
- A marriage or divorce certificate
- Proof of name change from an Australian Registry of Births, Deaths and Marriages
B) Residence and Citizenship Documents
- An Australian passport
- Evidence on Australian permanent residency
- An Australian citizenship certificate
- If you are a New Zealand citizen, you must provide evidence of how long you have lived in Australia and demonstrate your ongoing connection to the country.
C) Character Documents
If the child is aged under 18 at the time of the decision on the application, you must provide:
- An Australian National Police Certificate (if you are in Australia for any duration since turning 16)
- A police certificate from any country you have spent 12 months or more over the last 10 years since you turned 16
Visa Fee
- Base application charge: AUD 3,235
- Additional applicant charge 18 and over: AUD 1,615
- Additional applicant charge under 18: AUD 810
Application Processing Time
- The processing time for Subclass 445 generally ranges from 25 to 30 months.
FAQs on the Dependent Child Visa
1. Can a child apply for Subclass 445 if they are already in Australia on another visa?
Yes. A child can apply for Subclass 445 if they are already in Australia on a valid visa, as long as the visa does not have a ‘No Further Stay’ condition. If the child holds a visa with this condition, they would need to apply for the 445 visa from outside Australia.
2. What happens if the parent sponsoring the child for Subclass 445 is no longer a permanent resident or citizen of Australia?
If the parent sponsoring the child is no longer an Australian citizen or permanent resident, the sponsorship for this will not be valid, and the child cannot be granted the visa. The sponsor must be a current Australian citizen, permanent resident or eligible New Zealand citizen.
3. Can a child under 18 apply for this visa if their parent is in Australia on a temporary visa?
Yes, the child can apply for Subclass 445 if their parent is in Australia on a temporary visa, provided that the parent is the holder of a valid partner visa (subclasses 309 or 820), and the child is the biological or adopted dependent child of the parent.
4. How does the ‘No Further Stay’ condition affect a child’s application for this visa?
If the child has a visa with a ‘No Further Stay’ condition, they are not eligible to apply for Subclass 445 while in Australia. They must leave Australia and apply for the 445 visa from overseas to be eligible.
5. Can the child be granted the Dependent Child Visa if their parent’s partner visa is still pending?
No, a child cannot be granted Subclass 445 if the parent’s partner visa application is still pending. The parent must have been granted a valid partner visa so that the child be eligible for the 445 visa.
6. Can a child apply for the 445 visa if their parent is on a Bridging Visa?
Yes, a child can apply for Visa 445 if their parent holds a Bridging Visa, as long as the parent’s Bridging Visa is granted while their partner visa is being processed. The Bridging Visa must allow for the parent’s stay in Australia while awaiting the final decision on their partner visa.
