Australia tightens dependent relative visa rule: Why applicants under 18 could be refused
Australia
Australia has highlighted a child-welfare condition that could determine whether some dependent relative visa applications are approved, putting the best interests of applicants under 18 at the centre of the assessment.
The condition is particularly relevant to Australia’s Other Family visa category, which includes visas for certain aged dependent relatives, remaining relatives and carers of eligible Australian citizens, permanent residents and eligible New Zealand citizens. The Department of Home Affairs says the number of places available for these visas is limited each migration year, while demand remains higher than the available places.
One of the conditions published by the Australian government states that a visa will not be granted where doing so would not be in the best interests of an applicant under 18.
The provision means meeting other eligibility requirements does not necessarily settle the application when a person under 18 is involved. Child welfare can also become a determining consideration.
What is Australia’s dependent relative visa rule?
Australia does not operate a single visa covering every type of dependent relative. Instead, family migration includes several visa subclasses designed for different relationships and circumstances.
The Other Family category includes the Aged Dependent Relative visa (subclass 114), Remaining Relative visa (subclass 115) and Carer visa (subclass 116), among others. The government describes these as permanent visa pathways for certain relatives of settled Australian citizens, permanent residents and eligible New Zealand citizens.
For the Remaining Relative visa, Home Affairs specifically states: “We will not grant this visa if it is not in the best interests of an applicant under 18.”
That makes the welfare of a child applicant an important part of the immigration assessment rather than a secondary consideration.
Why the best interests of the child matter
The best-interests principle is designed to ensure that immigration decisions involving children take account of their welfare.
Australia’s immigration framework contains additional safeguards for applicants under 18, including requirements concerning parental responsibility and consent to migrate.
Depending on the visa and circumstances, Home Affairs may require evidence from people who have a legal right to decide where a child lives. This can include a completed Form 1229, a statutory declaration, or evidence such as an Australian court order or applicable laws allowing the child to leave their home country.
The practical effect is that families cannot assume that having the required family relationship or sponsorship automatically guarantees approval.
Does this mean every Australian family visa can be refused?
No.
The best-interests requirement is attached to particular visa subclasses and circumstances. It should not be interpreted as a new blanket rule under which every child or dependent relative applying for an Australian visa will automatically face refusal.
Different Australian family visas have different eligibility requirements.
For instance, the Child visa subclass 802 requires the applicant to meet specific conditions concerning dependency, age, relationship and sponsorship. Home Affairs also states that the visa might not be granted if doing so is not in the best interests of an applicant under 18.
Other visa categories can have their own rules concerning children, parental consent, welfare arrangements, health and character.
Applicants therefore need to check the requirements for the exact visa subclass they are applying for.
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Families applying with children under 18 may need to provide additional documentation.
The Australian immigration department says applicants may need evidence establishing parental responsibility and consent for a child to migrate. Where another person has the legal right to decide where the child lives and is not travelling with the child, consent may be required.
Documents can include birth certificates, adoption documents, court orders and relevant consent forms.
The purpose is to address situations where a child could otherwise be moved between countries without the agreement of someone who has legal responsibility for them.
Australia places wider focus on child protection
The visa requirement sits alongside broader child-protection measures within Australia’s migration system.
Home Affairs says it is committed to protecting the safety, wellbeing and rights of children. Its child-protection framework includes specific rules concerning certain offences committed against children and the sponsorship of minors.
For some Child and Partner visa sponsorship arrangements, a sponsorship can be refused where the sponsor or their spouse or de facto partner has certain registrable-offence charges or convictions, subject to the rules and exceptions set out by the department.
This shows why families should examine more than the relationship requirement when preparing a visa application involving a minor.
What applicants should check before applying
People considering an Australian dependent or family visa should identify the exact visa subclass before preparing their documents.
The requirements can differ significantly depending on whether the application concerns an aged dependent relative, remaining relative, carer, child or another family relationship.
Applicants should check:
- the exact visa subclass and eligibility criteria;
- whether the applicant is under 18;
- who has legal responsibility for the child;
- whether parental consent is required;
- whether court or custody documents are needed;
- whether additional character or other requirements apply; and
- whether the visa has limited places or lengthy processing times.
The Australian government warns that Other Family visas have limited places each migration year and that demand exceeds the available places, which can contribute to lengthy processing times.
What Australia’s rule means for families
For families hoping to bring relatives to Australia, the child-welfare condition adds another issue that cannot be overlooked.
An application involving someone under 18 is not assessed solely on whether the applicant has the required family connection. Depending on the visa subclass, Australian authorities can also consider whether granting the visa is consistent with the child’s best interests.
That makes custody, parental responsibility and the circumstances surrounding the child’s move particularly important parts of the application.
The rule also highlights the importance of using the correct visa pathway. Australia has separate family migration categories, and requirements that apply to one subclass should not automatically be assumed to apply to another.
For anyone preparing an application, the safest approach is to use the official requirements for the specific visa subclass and provide the requested evidence concerning the child’s circumstances.
Frequently Asked Questions
Can Australia refuse a dependent relative visa if the applicant is under 18?
Yes, where the relevant visa subclass contains a best-interests requirement and authorities determine that granting the visa would not be in the best interests of the applicant under 18. The Remaining Relative visa is one example where Home Affairs explicitly states this condition.
What does “best interests of the child” mean in Australian immigration?
It refers to consideration of the welfare and circumstances of a child when immigration authorities make certain visa decisions. The precise assessment depends on the visa subclass and the circumstances of the application.
Is the rule applicable to every Australian visa?
No. Australia’s visa system contains different subclasses with different eligibility requirements. Applicants should check the rules for the specific visa they intend to apply for.
Do children under 18 need parental consent for an Australian visa?
In many circumstances, applicants under 18 need consent from people who have a legal right to decide where they live. Home Affairs lists Form 1229, statutory declarations and certain court or legal evidence among the documents that may be relevant.
Does having a family member in Australia guarantee a visa?
No. Having an eligible relative or sponsor is only one part of the requirements for family migration visas. Applicants must satisfy the criteria applicable to their particular visa subclass.
Are Australian dependent relative visas still available?
Yes, Australia continues to offer several Other Family visa pathways, including aged dependent relative, remaining relative and carer visas. However, Home Affairs says places are limited each migration year and demand is greater than available places.
Can applicants appeal an Australian visa refusal?
The options following a refusal depend on the visa, the decision and the circumstances of the case. Applicants should examine the refusal notification carefully to determine whether a review pathway is available.