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After the parent’s Partner visa PR decision in 2026: Subclass 445, 101 and 802 options

What happens to a Subclass 445 child visa once a parent's Partner PR is decided, and when 101 or 802 becomes the next step.

Published: Reading time 12 min

A Subclass 445 (Dependent Child) visa does not survive the parent's permanent Partner visa decision. As at the July 2026 version of the Australian Department of Home Affairs' Dependent Child visa (subclass 445) page, the child can stay until the Department decides the parent's permanent Partner visa application or the parent withdraws it — and the page states plainly that the child cannot stay in Australia longer by extending this visa. Once the parent's Subclass 100 or Subclass 801 is granted, the child needs a visa in their own right.

The intended bridge is Form 1002 — Application by a subclass 445 dependent child for a permanent partner visa — lodged before the parent's permanent Partner application is decided. Where that step did not happen in time, the child visa subclasses are the next thing to look at: Subclass 101 for a child outside Australia, Subclass 802 for a child in Australia.

What actually brings a Subclass 445 to an end?

Two events, both recorded on the Department's subclass 445 page: the Department decides the parent's permanent Partner visa application, or the parent withdraws it. The visa is temporary from the outset, and its duration is tied to the parent's provisional or temporary Partner visa rather than to anything about the child.

The regulation layer says the same thing from the other direction. Clause 445.511 of the Migration Regulations 1994 ties the visa's validity to the remaining validity of the parent's Partner (Provisional), Partner (Temporary) or Extended Eligibility (Temporary) visa, and clause 445.221 requires that, at the time of decision, the parent continues to be a "visa-holding parent" — that is, a holder of a Subclass 309, 310, 445, 820 or 826 visa. A parent who has just been granted a Subclass 100 or 801 no longer holds any of those, so the clause cannot be met. PAM3 guidance describes the 445 in the same terms: an event-based visa that ends when the parent's permanent visa is granted or ceases.

While it lasts, the visa does give the child something: the right to stay in Australia until the parent's decision, to travel to and from Australia as often as they wish (with time outside Australia not extending the visa), and to work and study. Once a Form 1002 has been submitted, the child can also enrol in Medicare.

Was the child supposed to be added to the parent's permanent Partner application?

Yes — that is what the 445 is built for. The Department's page directs a 445 holder to apply to be added to the parent's permanent Partner visa application using Form 1002, and to do so before the parent's application is decided. The page's wording is that this "ensures the child remains lawful in Australia."

The location rules differ between the two permanent subclasses:

  • To be added to a parent's Subclass 100 application, the child can be in or outside Australia, but must be a member of the family unit.
  • To be added to a parent's Subclass 801 application, the child must be in Australia.

The official page describes two lodgement routes: attaching the completed form to the parent's Partner visa application in ImmiAccount and then notifying the Department through the Partner Processing Enquiry Form, or, where uploading to the parent's application is not possible, uploading the completed form through that same enquiry form.

Two limits are worth noting. First, you cannot add a dependant after the application has been decided. Second, on the 445 itself, each of the child's siblings must apply separately — a sibling cannot ride along on another child's 445.

If the parent's PR is already granted and the child was not added, what comes next?

The child's own child visa application: Subclass 101 if they are outside Australia, Subclass 802 if they are in Australia. These are separate applications in the child's own name, not a continuation or revival of the 445, and they are assessed against the criteria the Department publishes for those subclasses rather than against the parent's Partner application.

This is general information about how the categories fit together, not advice on an individual case — a family in this position needs to test its own facts against the current official criteria for the subclass in question, or against professional advice.

The practical consequence is a change in what the child has to prove. On the 445, the child's entitlement rested almost entirely on the parent's temporary visa and on the parent's sponsor. On a 101 or 802, the child's own relationship to the parent, and their own dependency status, carry the application.

Where does the child need to be when the application is lodged?

Visa Where the child can or must be What it rests on
Subclass 445 In or outside Australia when applying Parent holds a 309, 310, 445, 820 or 826 visa; ends when the parent's permanent Partner application is decided or withdrawn
Added to the parent's Subclass 100 In or outside Australia; must be a member of the family unit Form 1002 lodged before the parent's 100 is decided
Added to the parent's Subclass 801 Must be in Australia Form 1002 lodged before the parent's 801 is decided
Subclass 101 Outside Australia Criteria published by the Department for that subclass
Subclass 802 In Australia Criteria published by the Department for that subclass

The location test is the cleanest dividing line between 101 and 802, and it is also the one families have least control over: a child who leaves Australia to lodge a 101 has made a different choice from one who stays and lodges an 802, and the two are not interchangeable once lodged.

How does the dependent child test treat a child who is 18 or over?

This is where most adult-child cases turn. Under the definition referenced in regulation 1.03 and applied through clause 445.211, a dependent child is a child or step-child of the parent who is unmarried and not in a de facto relationship, and who is either under 18, or 18 or over and dependent on the parent — in practice, through full-time study or through being incapacitated for work by a physical or mental impairment.

PAM3 guidance adds a timing element: where a dependency assessment is more than six months old at the time of decision, the officer is expected to take reasonable steps to confirm nothing substantive has changed. Dependency is treated as a continuing state, not a one-off fact established at lodgement.

The evidence that tends to matter for an over-18 child is concrete rather than declaratory: enrolment and attendance records, payment of tuition and living costs by the parent, money transfers, and the fact of not living independently. On the 445, refusal reasons recorded in the guidance include being married, being over 18 and financially independent, and failing to produce study or disability evidence. The same strict conditions are flagged for adult children moving to a child visa, and they should be checked against the criteria currently published for the subclass being applied for.

What else can stop a child's application?

Health, character and sponsorship issues travel with the child, and some of them reach people who are not even applying. The requirements recorded for the 445 under clauses 445.225 to 445.228 include public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; PIC 4019 for applicants who are 18 or over; PIC 4017 and 4018 for applicants under 18, covering parental responsibility and the best interests of the child; and, under clause 445.228, PIC 4015 and 4016 for additional applicants under 18 in a combined application.

Three points from the guidance are easy to underestimate:

  • Health is assessed at permanent visa standard (PIC 4007), not at a lower temporary threshold.
  • One fail can fail everyone. Under clauses 445.227 and 445.228, the child's family members must meet specified public interest criteria whether or not they apply with them.
  • Sponsorship has its own bars. The sponsor is normally the nominator or sponsor of the visa-holding parent. Where that person has died or the relationship has ended, the parent may sponsor instead, but only where the parent has requested consideration under the family violence or parental arrangements provisions (clause 445.223(3)). A new sponsorship uses Form 40CH and must meet the financial capacity requirement in regulation 1.20, which the guidance describes as the ability to support the applicant for at least two years. Under regulation 1.20KB, sponsorship must be refused where the sponsor has an outstanding or convicted registrable offence.

The corresponding requirements for a 101 or 802 application are set out on the Department's pages for those subclasses, and clause numbering and current wording should be confirmed on the official legislation register.

What still has to happen while a 445 is alive?

The obligations sit on the child and on any family members granted the visa: meet all visa conditions, obey Australian laws, and keep the Department informed of changes such as a new passport, a change of name, or the birth of a child. The duty to notify changes of circumstances is a standing one, and the guidance notes that a failure to notify can affect the decision.

Two dates matter. The child must enter Australia before the date in the grant letter, which the Department's page says is generally set at 12 months from the date of visa grant. And the Form 1002 must be in before the parent's decision — the guidance describes a "Decision Bar-445 Appln" marker set against the parent's permanent Partner application, which is exactly what it sounds like: a flag to stop the parent's application being decided while a child's 445 is still linked to it. It is a safeguard, not a guarantee that the parent's decision will wait.

Frequently Asked Questions

Can a Subclass 445 be extended or renewed after the parent's PR is granted?

No. The Department's page states the child cannot stay in Australia longer by extending this visa, and directs holders to other visa options instead. The 445 is temporary by design and ends when the parent's permanent Partner application is decided or withdrawn.

What happens if the child was never added to the parent's permanent Partner application?

The child needs a visa in their own name. The guidance points to Subclass 101 for a child outside Australia and Subclass 802 for a child in Australia, both assessed against the child's own circumstances rather than the parent's Partner application.

Does the child have to be in Australia for a Subclass 802?

Yes — the location of the child is what separates the two child visa subclasses in the guidance: 101 for a child outside Australia, 802 for a child in Australia. The same logic applies earlier in the process, where a child added to a parent's Subclass 801 application must be in Australia.

Can an adult child still qualify on the dependency test?

Only if they meet the definition: unmarried and not in a de facto relationship, and dependent on the parent through full-time study or through being incapacitated for work by a physical or mental impairment. Financial independence is a common reason applications fail, and assessments more than six months old are subject to re-verification.

Can all the children be included in one application?

On the 445, no — each sibling must apply separately. A child's own dependent children can, however, be included on that child's application at any time before it is decided, and no dependant at all can be added after the application is decided.

What does the Subclass 445 cost?

The Department's page does not publish a single figure in its text; it states there is a cost for the main applicant and a charge for each dependent child applying with them, plus possible separate costs for health checks, police certificates and biometrics, and points to the Visa Pricing Estimator as the way to work out the payable amount. From 1 July 2026, a lower visa application cost applies to eligible Pacific Island and Timor-Leste citizens lodging a valid application, based on the primary applicant's passport, and family members are eligible on the same basis.

References

Primary sources

  1. Home Affairs — Temporary Graduate visa (subclass 485)
  2. Home Affairs — Skilled Independent visa (subclass 189)
  3. Home Affairs — Skilled Nominated visa (subclass 190)