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Evidence required to include dependent children in a visa application

The contents of this article are correct as at 12 April March 2010.

Evidence required to include dependent children in a visa application

Visa applicants who wish to include a dependant child in their visa application must prove that:

  1. The law of the child’s home country permits the removal of the child, or
  2. Each person who can lawfully determine where the child is to live consents to the grant of the visa, or
  3. The grant of the visa is consistent with any Australian child order in force in relation to the child.

Previously, to satisfy the provision under point 3 an “Australian Child Order” was defined as either a residence, contact or care order. 

Recently however, the Department has amended the definition to align with the provisions in the Family Law Act. This means that an Australian Child Order is now defined as Parenting Orders that deal with:

  • Whom a child is to live with
  • Whom a child is to spend time with
  • Who is to be responsible for a child’s day to day care, welfare and development

The change is a welcome one and is another step in bringing immigration law in line with the Family Law Act, which replaced concepts of custody, access and guardianship with the broader concept of parental responsibility. 

If you have any questions concerning this change, please click here to contact Visa Lawyers Australia .