Some 309 visa applicants have children either before or after submitting the 309 application.
Some children will already be Australian citizens and do not need a visa. Some will not be Australian and they will need a visa.
Should my children be included on my migration application?
If your children are Australian citizens they cannot be granted a visa and should travel to Australia on an Australian passport, either with you or without you. However, they still need to be listed on your application, but not as an applicant.
If your children are not Australian citizens they need to be included in your visa application, and specified as an applicant “migrating with you”.
The wording on the Australian Immigration website is:
When you complete the application form 47SP you should declare all of your children on the form, but children who are Australian citizens are not included as applicants and should be marked as ‘not migrating’ even if they will be accompanying you to Australia.
So; you do enter them as your children, but mark them as “Not Migrating”, where required. They may be travelling with you, but as Australian citizens, they are NOT “migrating” with you.
Adding Children into a 309 application.
You can include your dependent children or stepchildren in your subclass 309 application.
If you are granted the visa, your children will have the same rights and visa conditions as you.
There is an extra charge for each dependent added to the application.
Does a Child of a 309 Applicant need a 445 visa?
The 445 visa is for a child of a person who has already been granted the 309 or 820 visa. It is NOT for those currently applying for the 309 or 820.
The 445 is applicable where the child was NOT included in the temporary partner visa application, as a migrating family member.
Dependent children of 309 or 820 temporary partner visas holders may be able to apply for the subclass 445 Dependent Child visa. immi.homeaffairs.gov.au/…/child-445
With the 445 visa the child can move to, or stay in, Australia until their parent’s second stage, subclass 100 or 801, permanent partner visa application has been decided.
After being granted the 445 visa, the child must apply to be added to their parent’s permanent Partner visa application.
Is the subclass 101 Child Visa needed?
The subclass 101 is for a child, outside Australia, who is dependent on a parent who is an Australian citizen, eligible New Zealand citizen or holder of an Australian permanent visa.
In certain circumstances, a person over 18 years of age might be considered as a child.A4
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