Dependent Child (subclass 445) Visa

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1. What is the Dependent Child (subclass 445) Visa?
2. What does the 445 visa allow you to do?
3. Am I eligible for the subclass 445 visa?
4. What visas must the parent be holding for the child to apply for a subclass 445?
5. Best interest of the child
6. How much does the 445 visa cost?
7. How long can you stay on the 445 Visa?
8. How long is the 445 Visa processing time?
9. What are the child’s obligations once the 445 visa is granted?
10. What are the sponsors obligations once the 445 visa is granted?

Overview

Dependent Child Onshore (subclass 802) Visa allows a dependent child to move to/stay in Australia while their parents permanent visa is processing.

This visa allows the child to

• Live in Australia temporarily until the outcome of the parents’ permanent visa
• Study/work in Australia
• Travel to and from Australia as many times as you like while the child visa is valid

If the child works, they are protected by Australian workplace law.  See their workplace rights and entitlements.

445 Visa Eligibility criteria

• Be a dependent child of a visa holding parent
• Be sponsored/nominated by the person who is sponsoring their parent
• Be under 18 or if over 18 financially dependent on the parent holding the temporary partner or dependant child visa
• Meet health and character requirements
• Sign the Australian values statement
• Have paid back any debt to the government
• Have written consent from all legal parties who can decide where the child lives
• The laws of the child’s home country allow the child to migrate to Australia (if not already in Australia)
• Staying in Australia must be in the best interest of the child

Eligible visas the child’s parent must hold to be granted a 445 visa

• Partner (provisional) Visa (subclass 309)
• Partner visa (subclass 820)
• Dependent child (subclass 445) Visa

The child must apply to be added to the parent’s permanent partner visa application when they have been granted a 445 visa

Note: the child may be eligible for citizen by decent if one of their parents was an Australian citizen at the time of the child’s birth and therefore don’t need

Best interest of the child

The Department of Home Affairs declares the right to refuse the visa if they find it is not in the best interest of the child. Sponsorship of the child must be approved for the protection of the child

445 Visa Cost

From AUD2,710

Additional costs: You might also have to pay other costs for each applicant for health checks, police certificates and biometrics.

445 Visa Length of stay

This is visa is a temporary visa, until The Department of Home Affairs makes a decision regarding their parents’ visa.

445 Visa Processing time

As of January 2022, the published average processing times are as follows:

75% of applications: 7 months

90% of applications: 14 months

445 Visa obligations

• The child must obey all Australian laws
• Following the grant of this visa the child must be added to the parents’ permanent residency visa
• Following the grant of this visa the child or parent (acting on the child’s behalf) must complete form 1002 “application by a subclass 445 dependent child for a permanent partner visa” and submit online visa immiaccount or send the form to the office where the permanent partner visa of the child’s visa is being processed
• Not get married or enter a de-facto relationship before the grant of this visa
• Inform the department if anything changes. This includes changes to your relationship status, the birth of a child and any changes to personal details such as phone number, email address or passport
• Following a decision on the parent’s permanent partner visa, if granted, the child can enrol in Australia’s public healthcare scheme (Medicare)

Note: the 1002 form must be submitted before a decision is made on the parent’s permanent partner visa, or the child will no longer be in Australia lawfully

445 Visa sponsor obligations

• As the sponsor and parent, you are obligated to financially support your child, you are responsible for the cost to the Australian government of the child living in Australia
• Help the child settle in Australia
• Provide adequate safe accommodation
• Abide by all Australian family law

Please follow the link below for FREE INITIAL CONSULTATION

If you want to know more about Australian visa and legal information, you can get in touch with us and we will be happy to help you!

Address: 6/13 Bridge St Epping NSW 2121

Tel: 02-8203 2999

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