Are you an Australian visa holder or applicant with a child over 18? You might be surprised to learn they could still be included on a combined visa application for a family or on a subsequent visa application. The Australian migration legislation can consider children over 18 years of age as dependents of visa holders or applicants depending on the visa they are applying for.
This article intends to provide information about visa options for Australian Permanent Residency (PR) and temporary visa holders’ or applicants’ dependent children of who are over 18 years of age.
Dependents of PR visa applicants
PR visa applicants who are lodging a combined application (for General Skilled Migration stream -189/190, Employer Nominated Scheme -ENS 186, Partner Visa – 801/100, etc.) with their child should ensure that their child:
- is the biological or step-child of the primary visa applicant;
- has not turned 23 years of age;
- is wholly or substantially reliant on the other primary visa holder for financial support to meet the first person’s basic needs for food, clothing and shelter, or
is incapacitated for work due to the total or partial loss of the first person’s bodily or mental functions.
For example, you have been invited to apply for 190 visa and you have a son who is 21 years old who is financially dependent to you, then you can include him in your visa application.
Dependents of PR visa holders
PR visa holders who are looking to apply for a Child Visa (101/802) for their dependent child should ensure that their child:
- is the biological or step-child of the primary visa holder;
- has not turned 25 years of age;
- is not engaged to be married, not married, and have never been married;
- is not working full-time work;
- since turning 18 have been undertaking a full-time course of study at an educational institution that will lead to a professional, trade or vocational qualification;
- is wholly or substantially reliant on the other primary visa holder for financial support to meet the first person’s basic needs for food, clothing and shelter, or is incapacitated for work due to the total or partial loss of the first person’s bodily or mental functions.
For example, if you are holding an ENS 186 visa and you have a daughter who is 23 years old in the Philippines who has never been married, never worked full-time, studied full-time since she turned 18 years old, and relies on you financially to cover most of her living expenses, you can apply for a Child Visa for her.
For Partner Visa 801/100 holders, the child should have either been granted a Partner Visa 820/309 or Child Visa 445.
Dependents of temporary visa holders/applicants
Temporary visa holders/applicants of Student Visa (500), Graduate Visa (485), or Skills in Demand Visa (482) can either include their dependent children as a combined application or can apply for a subsequent entrant visa. The criteria for the dependent children over the age of 18 are the same as the criteria for PR visa applicants. The child should be below 23 years of age and should be wholly or substantially dependent on the primary visa holder/applicant.
For example, if you are holding a 482 visa and have a 19-year-old son in the Philippines who satisfies the criteria listed above, your son can apply for a subsequent entrant 482 visa.
If you have been granted any of the temporary visas mentioned above as a family (including your dependent child who is over 18 years of age), it is important that you are aware that your child’s visa will expire a day before he/she turns 23 years old. To understand the next visa options for your child, it is recommended that you seek advice from a Registered Migration Agent or an Immigration Lawyer at least three months before your child’s visa expires.