Who can get a Dependent Child visa (Subclass 445) in 2026 — parent visa and sponsor rules

Updated 2026-09-29 · General information, not migration advice · Run by the Arrivau team

A child can be granted a Dependent Child visa (Subclass 445) in 2026 only when two conditions hold at the same time: the child is dependent on a parent who holds a Partner (Provisional) visa (subclass 309), a Partner visa (subclass 820), or a Subclass 445 visa, and the child is sponsored by the same person who sponsored or nominated that parent's permanent Partner visa application. That is the eligibility position set out on the Australian Department of Home Affairs' Dependent Child visa (Subclass 445) page, as at the July 2026 official page. Nearly every refused case comes down to one of those two links being broken — the parent's visa type, or the identity of the sponsor.

Which parent visas actually qualify?

The Department's page lists exactly three visas a parent can hold for a child to qualify:

Partner (Provisional) visa (subclass 309)
Partner visa (subclass 820)
Dependent Child visa (subclass 445)

The parent has to keep holding one of those visas when the decision is made, not just when the application is lodged — that is the effect of subclause 445.221 of the Migration Regulations 1994. If the parent's permanent Partner visa (subclass 100 or 801) has already been granted, the parent is no longer a "visa-holding parent" in the sense this visa requires, and the 445 route no longer fits the family's circumstances.

One wrinkle worth knowing: the Migration Regulations 1994 and PAM3 also refer to subclasses 310 and 826 as visas a visa-holding parent may hold, while the Department's current page names only 309, 820 and 445. Where the Migration Regulations 1994 and PAM3 differ from the official page, the Department's page is the listing that is applied, so families relying on 310 or 826 should confirm the current listing on that page before planning around it.

What does "dependent child" mean here?

The age and dependency test on the official page is short: the child must be either under 18, or over 18 and financially dependent on the parent who holds the temporary Partner or Dependent Child visa. Being over 18 does not itself disqualify a child, but it shifts the whole case onto evidence of financial reliance on that parent.

The fuller definition sits in regulation 1.03 of the Migration Regulations 1994, which frames a dependent child as a child or step-child who has not partnered — not married and not in a de facto relationship — and who is either under 18, or 18 or over and financially reliant on the parent or incapacitated for work by physical or mental impairment. Procedural guidance summarised in PAM3 points to full-time study as the usual way an adult child's financial dependence is demonstrated, while incapacity for work through physical or mental impairment is a separate basis for dependence under regulation 1.03. Guidance of that kind is not law; the regulations and the Department's current criteria are what bind a decision.

Who has to sponsor the child — and why must it be the same person?

The sponsor must be the same person who sponsored or nominated the parent's permanent Partner visa application. In a typical Partner visa family, that is the Australian partner — the same individual, not simply another willing relative or the parent themselves. The Department must approve the sponsorship before the visa can be granted, and the sponsorship must still be approved and in force at the time of decision (subclause 445.224).

Sponsorship carries a child-safety screen. If the sponsor, or their spouse or de facto partner, has a pending registrable offence charge, the Department will refuse both the sponsorship and the visa application. If they have a registrable offence conviction, sponsorship can be approved only in very limited circumstances; the Department's "measures for the protection of children" page covers how that is assessed.

There are narrow alternatives written into subclause 445.223. If the original nominator or sponsor has died, or the relationship between the visa-holding parent and that sponsor has ended, and the parent has asked to be considered under the family violence or parental arrangements provisions, the parent may be able to sponsor the child instead. A related provision covers a child who is themselves the dependent child of a 445 holder. These are exception paths with their own evidence burdens, and the wording should be read from the current text of the Migration Regulations 1994 and the Department's page.

This article describes how the criteria are published and is general information only — it is not an assessment of any individual family's case, and what applies to you depends on your own circumstances and the Department's current official information.

Does the child have to join the parent's permanent Partner visa application?

Yes. The official page states that once the child has been granted the 445 visa, they must apply to be added to their parent's permanent Partner visa application. This is not optional housekeeping: the 445 is expressly temporary, lasting only until the Department decides the parent's permanent visa application.

While it is in force the child can move to or stay in Australia until the parent's permanent Partner visa is decided, travel to and from Australia, work and study in Australia, and attend free English language classes under the Adult Migrant English Program if eligible. Departmental procedural guidance refers to using Form 1002 to add a child to a Partner visa application, and warns that if the child is not added before the parent's permanent visa is granted, the 445 ceases with it — families in that position then have to look at a different child visa category, which should be checked against the Department's current listings.

What else has to be satisfied before the visa can be granted?

Beyond dependency and sponsorship, the official page sets a cluster of standard criteria:

Health. The child, and any dependent children applying with them, must meet the health requirement. Family members who are not coming to Australia with the child may also have to meet it.
Character. A child aged 16 or over must meet the character requirement; the Department may also require other dependent children in the application to meet it.
Australian values. A child aged 18 or over must have read, or had explained to them, the Life in Australia booklet and sign an Australian Values Statement confirming they will respect the Australian way of life and obey Australian laws.
Debts. Any money owed to the Australian Government must be paid back, or covered by a formal arrangement to pay it back.
Consent to travel. For a child under 18, the visa can be granted only if everyone who can legally decide where the child lives has given written consent, or the law of the child's home country allows them to leave, or the grant is consistent with any registered Australian child order about the child.
Lawful status in Australia. If the child is in Australia, they cannot hold another visa that carries a "No further stay" condition.

The Department may also refuse the visa if granting it would not be in the best interests of an applicant under 18 — a discretion that sits alongside the checklist rather than inside it.

Could citizenship by descent be a better route than a visa?

For some families, yes. The Department's page notes that a child may apply for Australian citizenship by descent instead of a visa to travel to Australia if the child was born outside Australia and one of their parents was an Australian citizen at the time of the child's birth. Where that fits, it removes the dependency and sponsorship questions entirely, because there is no visa application to assess.

Frequently Asked Questions

Can my child get a 445 if I already hold a permanent Partner visa (100 or 801)?

The criteria are built around a parent who holds a temporary visa — subclass 309, 820 or 445 — and the regulations require the parent to still be a visa-holding parent at the time of decision. Once the permanent Partner visa is granted, that foundation is gone, so the 445 no longer matches the family's situation and a different child visa category would need to be considered against the Department's current listings.

Does my partner have to be the sponsor, or can I sponsor my own child?

As a rule, the sponsor must be the same person who sponsored or nominated your permanent Partner visa application — in most cases your partner. The regulations allow a narrow exception where that person has died or the relationship has ended and you have requested consideration under the family violence or parental arrangements provisions, in which case you may be able to sponsor; the current legislation text and the Department's page should be read before relying on it.

Can a child over 18 still qualify?

Yes, if they are financially dependent on the parent who holds the temporary Partner or Dependent Child visa. The dependency definition in regulation 1.03 also requires the child not to be married or in a de facto relationship, and procedural guidance points to full-time study or incapacity for work as the usual evidence for an adult child.

Can the child work and study while on the 445?

Yes. The visa allows the child to work and study in Australia, travel to and from Australia, and stay until the parent's permanent Partner visa application is decided. They may also attend free English classes under the Adult Migrant English Program if eligible.

What happens if the child is in Australia on a visa with "No further stay"?

The official page states that a child in Australia cannot hold another visa with a "No further stay" condition. That condition blocks the onshore pathway, so the family would need to look at how the child's current status can be resolved before a 445 can be granted.

Does the sponsor's criminal record affect the application?

It can. A pending registrable offence charge against the sponsor, or their spouse or de facto partner, means the sponsorship and the visa application will be refused; a conviction means sponsorship can be approved only in very limited circumstances. The Department's child protection measures page explains how this is assessed.

Does the other parent have to consent to the child travelling?

For a child under 18, the visa can be granted only with the written consent of everyone who can legally decide where the child lives, or where the home country's law permits the child to leave, or where the grant is consistent with a registered Australian child order. Separately, the Department may refuse if granting the visa would not be in that child's best interests.