Who Can Apply?
Such a visa is issued to the natural child, adopted child or step child of the holder of a sub class 309, 310, 445, 820 or 826 visa (this parent is termed the "visa holding parent").
On grant of this visa the child can apply to be added to his parent's permanent partner visa application.
This is a temporary visa for a dependent child whose parents holds a temporary partner visa such as temporary spouse visa (sub class 309 or 820) or temporary interdependencey visa (sub class 310 or 826), that does not include a child.
Conditions
. The child must be the natural, adopted or step child of a parent who holds one of the following visas:
a temporary Spouse visa (subclasses 309 or 820)
a temporary Interdependency visa (subclasses 310 or 826)
an Extended Eligibility visa (subclass 445).
. The child's parent must satisfy one of the following:
they have the sole legal right to determine where the child shall live, or to remove the child from their home country if another person can legally determine where the child can live, they must obtain a statutory declaration from this person or people,
granting permission for the child to migrate they possess a valid court order from the Indian Court of Law allowing them to permanently remove the child from the child from India
they have a residence order, contact order or care order issued by the Family Court of Australia, and the grant of the visa is consistent with that order.
. The child must be sponsored by the same person sponsoring the child's parent and be 18 years of age or over.
. The child must be single, must not be married, or in a defacto relationship or engaged to be married.
. Children under the age of 18 are generally considered dependent. If the child has turned 18 years of age, he / she must be financially dependent on their visa holding parent, except where the child has a disability that stops him / her from working.
. Original Birth Certificate for each applicant. If an applicant does not have a Birth Certificate, a School Certificate bearing the date of birth will be accepted.
. Evidence of visa held by the visa holding parent who is the sponsor. (e.g. copy of passport pages which show identification page, visa and any arrival/ departure stamps for Australia).
. Statement from the applicant's natural mother / father stating that she/he does not have an objection to his permanently migrating to Australia.
. A photo identification document of the parent bearing his / her signature on it.
. A court document may be required to satisfy that the law of the applicant's home country permits the migration of the applicant.
. 4 passport size photographs of the applicant.
Note - After the grant of a sub class 445 visa the child must make a separate request on form 1002 "Application by a sub class 445 dependent child visa holder for a permanent partner visa". This application must be lodged before a decision has been made on the parent's permanent visa application. Failure to do so may result in the child becoming unlawful. See Annexure Australia XXIX for form 1002.