Include your child in your Australian Partner Visa? Or get a Child Visa later?

At Down Under Visa we come across a LOT of Australian/Filipino couples who need our help to manage their Partner Visa applications to Australia. Many Australian men marry single mothers from the Philippines, and are fortunate enough to find themselves with a ready-made family. This is the family version of “Buy One, Take One” (ask your Filipina lady what that means!).

With both Partner Visas (aka Spouse Visas, aka Subclass 309 visas) and Prospective Marriage Visas (Fiancée Visas) it is possible to add dependent children to the application as secondary applicants. Up until 1 July 2013 this cost no extra, but now they have levied an additional fee per child applicant. We don’t personally agree with this, and Down Under Visa has stated that we will never charge extra on our own professional fees for adding kids to partner visas, however it’s definitely here to stay.

Now, many of you find yourselves in a quandary. Do we add the child (or children) to the application, or do we leave them off the application?

Common Fallacies (often as a result of taking poor advice)

  • It will make the application more complicated, and more likely to be refused!

Definitely definitely not! As long as you have legal rights to the child (if you’re not sure, ASK US….don’t ask Auntie or the neighbour!), and as long as the child IS actually “dependent” on you (ie. not working, or married, or not living with you, etc) then it’s relatively simple to do at this stage. If the application is sound, and based on a genuine and committed relationship, then the addition of kids will never cause it to be refused.

  • Concerns about the child finishing the school year first, or finishing elementary school, or highschool, etc.

The school system in Australia is not so formal, and is far more flexible. A child can start anytime of the year in an Australian school, and they will put them at the level which matches their age and their abilities. They won’t make them repeat. They don’t even need Form 137e’s or transcripts of record.

  • Wanting to the applicant to settle into a new life first, and then bringing the child later when things are stable.

This is partially right. Yes, you need time to settle in and deal with some culture shock. However the options (as I’ll explain below) will be that you could be apart from your child for a long time. There are other ways that you can both include the child on the partner visa application and deal with adjustment issues at the same time. Please discuss this with us before you make your final decision!

  • Thinking you can bring the child 6 months after you arrive.

It is possible to bring the child later on a Dependent Child Visa (Subclass 445) or a Child Visa (Subclass 101). And yes, Down Under Visa can help you if this is your decision.

But be aware that the Subclass 445 can only be applied-for by a holder of a temporary partner visa holder (ie. not a prospective marriage visa holder), and a Subclass 101 can only be applied-for by a permanent partner visa holder. The applications are far more complicated than applying for them to join your application in the first place, and they often have long waiting periods. You could be apart from your child for years!

Other issues

Other issues come up usually as a result of grandparents, aunties, etc not wanting the child to leave. Please, do what is best for the child! Children should be with their mothers, and having a new home in Australia with a new Daddy, learning to speak English properly, eating healthy food and breathing fresh air……this is ALWAYS better for the child. Don’t leave them behind!

Need help with an Australian Partner Visa, especially from the Philippines? Or need help with a Dependent Child Visa or Child Visa?

Please use our FREE Online Partner Visa Assessment Form, or our Other Visa Assessment Form, and we will give you an honest assessment. Hopefully you can become one of the many happy clients who we’ve helped over the years.

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Filed under Australian Visa Applications, Child Visas, Fiance Visas, Partner Visas - Offshore, Partner Visas - Onshore, Practical Issues

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