Subclass 445 Dependent Child Visa
The Subclass 445 Dependent Child Visa is a temporary visa attached to the Partner visa pathway. It allows a dependent child to join a parent who holds a provisional Partner visa (Subclass 309) or a temporary Partner visa (Subclass 820) and is awaiting grant of the permanent Partner visa (Subclass 100 or 801). The Subclass 445 is the bridge between the parent's provisional or temporary stage and the permanent Partner visa grant. The child's permanence is achieved by lodging Form 1002 to add the child to the parent's permanent Partner visa application before that grant is made.
Key facts
Visa Type
Temporary, until parent's permanent Partner visa decision
Visa Application Charge
No charge
Location
Onshore or offshore
Permanence
Form 1002, before parent's permanent grant
When the Subclass 445 applies
The Subclass 445 is the correct vehicle in the window between the parent's provisional or temporary Partner visa grant and the permanent Partner visa grant. Most commonly the Subclass 445 is used where the child was not included in the parent's original Partner visa application, or where the child became a member of the family unit after lodgement.
Once the parent's permanent Partner visa is granted, the Subclass 445 cannot be lodged or granted, and any held Subclass 445 ceases. After the permanent grant, a child outside the original application must apply through the Subclass 101 or 802.
The two-step pathway to permanence
Grant of the Subclass 445 is only the first of two steps. To secure permanent residence the child must be added to the parent's permanent Partner visa application using Form 1002 before the permanent grant is made. Form 1002 enables the Subclass 445 visa holder, and any of that child's dependants, to be added to the parent's permanent Partner visa.
Failure to lodge Form 1002 in time can leave the child without further visa options once the parent's permanent Partner visa is granted, because the Subclass 445 cannot be granted and the child cannot be added afterwards. The risk is procedural, not substantive, and is preventable with disciplined diary management of the parent's permanent Partner visa progress.
Eligibility
The applicant must be the dependent child of a parent who holds a provisional Partner visa (Subclass 309) or temporary Partner visa (Subclass 820). The child must be unmarried and not in a de facto relationship. Where the child is over 18, dependency must be demonstrated through full-time study and continued financial reliance on the parent, or through inability to work due to the total or partial loss of bodily or mental functions.
Sponsorship for the Subclass 445 is provided by the same person who sponsored the parent's Partner visa. The Subclass 445 is also subject to health and character requirements.
Risks and timing
The Subclass 445 has no independent destination if the parent's permanent Partner visa fails. Where the parent's permanent Partner visa is refused and that decision is not overturned on review, the Subclass 445 ceases and the child's status must be reassessed. Strategic case planning therefore considers the strength of the parent's permanent Partner visa case as part of the Subclass 445 decision.
Age is also material. Where the child is approaching 18 or 25, the dependency definition must be addressed by reference to the time of application and the time of decision. Lodgement timing affects which definition applies.
Related pathways
Strategic preparation of the Subclass 445
The Subclass 445 is procedural in nature, but the consequences of a missed Form 1002 deadline are severe. Visa Plan Lawyers manages the Subclass 445 alongside the parent's Partner visa pathway, with diary control of the permanent grant window.