Baby born during a Safe Haven Enterprise visa application in 2026: Form 1022 and citizenship questions

Updated 2026-10-08 · General information, not migration advice · Run by the Arrivau team

A baby born after you lodge a Safe Haven Enterprise visa (SHEV, subclass 790) application does not need a visa application of their own. According to the Australian Department of Home Affairs' Safe Haven Enterprise visa (Subclass 790) official page, a child born after you submit your application and before a decision is made is taken to be included in that application. What you must do is notify the Department as soon as possible: complete Form 1022 Notification of change of circumstances, provide a clear colour copy of the child's original birth certificate, and attach both in ImmiAccount or send them by post to the address where you sent your application (a certified copy of the birth certificate is required if you post it).

What does it mean that the baby is "taken to be included" in my application?

It means the birth is handled inside the application you have already lodged, rather than through a second protection claim.

The inclusion applies only within that window: the child must be born after you submit the application and before the Department decides it. Within that window, the child is treated as part of the family unit already before the Department, so there is no separate form to start a new file and no separate application to pay for.

This is different from the general rule for adding people later. After lodgement, the only family members you can add are a spouse or de facto partner, or a dependent child, of someone who has already applied — and that is done with Form 1436. A newborn does not go down that route, because the automatic inclusion rule already covers them.

The consequences of inclusion follow the child. Members of the same family unit included in the application must meet the Department's health, character and security requirements, and you may be asked for biometrics for them as part of the application.

Which form applies: 1022, 1436, or 1023?

Three notification forms appear in this area, and they do different jobs:

Form 1022 Notification of change of circumstances is the form the Department directs you to for the birth of a child during processing.
Form 1436 Adding an additional applicant after lodgement is for adding a person who is not already covered by your application, such as a partner or a dependent child who was not previously included, while your application is still undecided.
Form 1023 Notification of incorrect answers is for correcting something that was already answered wrongly on your submitted form.

A birth is a change of circumstances, not an incorrect answer, so Form 1022 is the one that fits.

What exactly do I need to lodge, and where do I send it?

Four actions, in this order:

Complete Form 1022 Notification of change of circumstances.
Make a clear colour copy of your child's original birth certificate.
Attach both to your application in ImmiAccount.
If you lodge by post instead, send everything to the address where you sent your application, and send a certified copy of the birth certificate rather than a plain one.

The same reporting duty already appears in the Department's "after you apply" guidance, which lists pregnancy and the birth of a child among the changes you must report while a decision is pending.

What visa does my baby hold while we wait?

If your child is born in Australia, they are automatically granted the same visas their parents hold at the time of the birth. That grant does not depend on the SHEV decision or on Form 1022 — it follows from being born here to parents holding those visas.

So the usual sequence for a family waiting on a subclass 790 decision is that the baby arrives already holding whatever status the parents hold on that day, and Form 1022 then ensures the Department records the child inside the pending application. The Department's statement about automatic grants is framed around children born in Australia.

Could the baby be an Australian citizen instead?

Possibly. The Department states that if either parent is an Australian citizen or an Australian permanent resident at the time of the child's birth, the child may be an Australian citizen by birth, and points readers to its requirements for evidence of Australian citizenship.

This sits alongside the visa outcome rather than replacing it, and it turns on the parents' status on the day of birth. This page is general information about published rules and not advice about your child's situation; citizenship outcomes depend on facts that must be assessed against the official citizenship requirements or with a qualified professional, and the requirements themselves should be confirmed against the Department's latest published guidance.

For a hypothetical applicant: suppose one parent became an Australian permanent resident before the birth and the other parent was still waiting on the SHEV decision. Whether the child may be a citizen by birth turns on the resident parent's status at the moment of birth, and it is the citizenship evidence requirements that set out how that is documented.

What happens to the baby if my application is refused?

The included child follows the outcome of the application they were taken into, because there is no separate decision to make.

If the SHEV is granted, everyone included — including the child — must meet the visa conditions and obey Australian laws, and the grant notification letter sets out dates, conditions and entitlements. If the SHEV application is refused, merits review by the Administrative Review Tribunal (ART) may be available; the refusal letter gives the review rights and the timeframes for applying. The Department states that the application fee is not refunded if the application is refused.

Does reporting the birth late affect processing?

The Department does not publish a processing time for subclass 790, describing it only as a very complex process that takes some time and noting that applicants can help by responding to requests within the specified timeframes.

Applications are stated to take longer when forms are filled in incorrectly, documents are missing, further information is needed, requests are answered slowly, or verification takes time. Reporting a birth promptly is consistent with keeping the record accurate; the Department does not describe a specific penalty for late notification.

Are there other changes I should report at the same time?

Yes, and it is usually easiest to deal with them together. The changes listed are your name, phone number, email, address or passport; your marital or de facto status; pregnancy; the birth of a child; a death in your family; and a decision to withdraw.

Two forms handle representation changes: Form 956A for appointing or withdrawing an authorised recipient, and Form 956 for appointing a registered migration agent, legal practitioner or exempt person. If you did not agree to email communication when you applied and now want it, Form 1193 covers that. Email is described as the Department's preferred and fastest method.

Can we travel with the baby while the application is decided?

Leaving Australia before the SHEV is granted ends the bridging visa, and re-entry is not allowed unless another valid visa is held. Once a SHEV is granted, visa condition 8570 (Restricted travel) applies: travel to the home country is barred in all circumstances, and travel anywhere else requires compassionate or compelling reasons plus written approval obtained before leaving. Travel without approval can lead to cancellation of the visa and the visas of family unit members while offshore.

Because the child holds whatever status flows from the parents at birth, the same travel limits are part of the picture for the whole family unit.

Frequently Asked Questions

Do I need to lodge a new SHEV application for my newborn?

No. The Department states that a child born after you submit your application and before it is decided is taken to be included in that application. Your step is to notify using Form 1022 with a colour copy of the birth certificate, not to start a second application.

What is Form 1022 used for in this situation?

Form 1022 Notification of change of circumstances is how you tell the Department about a change that happened after lodgement, including the birth of a child. You attach the completed form and the child's birth certificate in ImmiAccount, or post them with a certified copy to the address you used for the application.

Can I use Form 1436 for my baby instead?

Form 1436 is for adding an additional applicant after lodgement, limited to a spouse or de facto partner or a dependent child of someone who already applied. It is not the form the Department directs for a child born during processing, because that child is already covered by the inclusion rule.

What visa does a baby born in Australia get automatically?

A child born in Australia is automatically granted the same visas their parents hold at the time of birth. This happens independently of the pending SHEV decision, which is why the birth still has to be reported so the child is recorded in it.

Is my baby automatically an Australian citizen if neither parent is a citizen or permanent resident?

No. The citizenship-by-birth possibility arises where either parent is an Australian citizen or Australian permanent resident at the time of the birth. Where that applies, the child may be a citizen by birth, and the details are set out in the Department's evidence-of-citizenship requirements.

Will the Department tell me about health checks or biometrics for the baby?

Yes — health examinations and biometrics requests come from the Department when they are needed, including for members of the family unit included in the application. Family members included in the application still have to meet health, character and security requirements.