Child Visas
Child Visas
There are Child Visas and Dependent Child Visas for Filipino children (natural children and adopted) who are wholly or substantially dependent on you (Filipina parent) for their daily needs. This option should be considered if you feel that it would be advantageous to not include a dependent child in a partner visa application from Philippines, and if you wish them to travel to Australia at a later time. Be aware that child visa applications may mean that children and parents are separated for 18 months to several years.
An easier option is to include a dependent child in an Australian partner visa application from the beginning, and we at Down Under Visa always advise our clients to do just that. However there are circumstances where parents (and even the child if old enough) decide that they wish to delay migrating to Australia for school purposes or to allow their mother to adjust to life in Australia before they join her. And as long as the child or children remain dependent on their parent in Australia (and remain as children), they may be applied-for under the Child Visa options at a later stage.
DISCLAIMER
Information contained in this page is of a general nature. Informative, yes, but not a formula for preparing visa applications and should not be relied on as such. The devil is in the detail, rest assured. Australian migration law is complicated and Departmental decisions are inflexible and often final. Readers and future visa applicants and sponsors are advised to rely on professionals to ensure a happy outcome.
Dependent Child - What does it mean?
A Dependent Child must be the child of the Filipina mother (or father, if the original partner visa applicant is male). If they are under 18 they are considered to be dependent on the parent, however if they are over 18 they need to establish that they remain "wholly or substantially dependent for their daily needs". This means food, clothing and shelter. If they are being supported wholly or substantially by another parent, or especially if they are working and supporting themselves then they are no longer dependent.
Note that a dependent child over 18 should be able to show why they remain dependent, such as being full-time students. Working, living away from home, being married or engaged or in a de facto relationship, all of these can render the child as no longer being dependent as they show evidence that they are able to support themselves.
Child Visa Eligibility
As well as the aforementioned need to be a dependent child, they must also be the biological child of the Australian partner visa holder, or a legally adopted child or step-child over whom they have legal responsibility. Note that whilst it's common in the Philippines to have unofficial adopted children living with you, such children are ineligible for Child Visas to Australia. Relatives or neighbours children, even if they have lived with the visa holder for a very long time, will not be eligible.
The Filipino child (my daughter Maggie when she was very small!) must also be under the sole custody of the Filipino visa holder in Australia through court order or due to being born out of wedlock which under Philippines Law, ie Art 176 of the Family Code of the Philippines, gives sole custody to the mother when the child is called "illegitimate". If the biological father of the child is still alive and maintains legal custody of the child, written permission from this parent is required before the child may migrate to Australia.
Child Visa Options
- Dependent Child Visa: If the parent of the child holds a temporary partner visa.
The Dependent Child Visa (Subclass 445) is for dependent children of holders of temporary partner visas, such as the Subclass 309 or the Subclass 820. The dependent child is sponsored by the original sponsor of the temporary partner visa, and it allows the visa holder to travel to Australia to live with his parent and new step-parent. When the temporary partner visa holder is being considered for the permanent partner visa, the Dependent Child Visa holder may be included in that permanent visa.
- Child Visa: If the parent of the child holds a permanent partner visa.
The Child Visa (Subclass 101) is a permanent visa for the dependent child of a permanent partner visa. Therefore this visa is applied for at a later stage than when a 445 dependent child visa may be applied for. The Child Visa holder enters Australia as a permanent visa holder. The Regulations are particularly strict, and standards for being dependent are particularly high. The visa applicant must be wholly or substantially dependent on the parent in Australia for their daily needs, and for this to have been the case for a significant time.
Child Visa Pros and Cons
- May apply for on a temporary partner visa (Subclass 445 Dependent Child Visa) or on a permanent partner visa (Subclass 101 Child Visa)
- Moderately high Government fees only
- Allows time for a couple to adjust to marriage and life in a new country before children arrive
- Technically may be applied-for onshore
- Cannot apply for whilst parent is on a prospective marriage visa
- Can mean children are apart from their mother for several years
- Higher level of evidence to prove dependency than as a secondary applicant on a partner visa, ie. can’t marry, get engaged, live in a de facto relationship, live independently, be employed, and leaving study is inadvisable
- Very hard to get a tourist visa for an otherwise dependent child, therefore not easy to apply for an onshore child visa application
Australian Child Visas From the Philippines FAQ
Do I need to apply for a Child Visa at the same time as a Partner Visa?
No, you may apply for a Dependent Child Visa when the parent has had a temporary Partner Visa granted (ie Subclass 309 or Subclass 820). You may apply for a Child Visa when the parent has a permanent Partner Visa granted (ie. Subclass 100 or Subclass 801).
The family has a niece who grew up with them. Can we get them a Child Visa?
No sorry. Only biological, step or adopted children. No chance for another relative.
When can we apply for a Child Visa?
You can apply for a Dependent Child Visa when the parent has had a temporary Partner Visa granted (ie Subclass 309 or Subclass 820). You may apply for a Child Visa when the parent has a permanent Partner Visa granted (ie. Subclass 100 or Subclass 801).
Her son has a biological father she was married to. Can we get him a Child Visa?
Only if (a) you have his written permission for the child to migrate permanently, or (b) there is a court order removing his custodial rights.
She wasn’t married to the father of the child. Can we get him a Child Visa?
Under Philippines Law, children born out of wedlock are the sole responsibility of the mother. An unmarried biological father has no say in what happens to his children.
What’s better? A Child Visa, or adding the child to a Partner Visa?
It comes down to what you prefer. To me? I think kids should be with their parents, and note that a Dependent Child Visa means parent and child will be apart 18 months or longer. Child Visa, even longer. But if you prefer that mum settles into life in Australia first, then a Child Visa is reasonable choice. We will help you no matter what you choose.
Do I need to adopt the child in Australia?
There is no legal requirement for you to do so. It’s very easy to change the family name of a child through the Department of Births, Deaths and Marriages with a simple form.
What’s the difference between a Child Visa and a Dependent Child Visa?
There are different criteria in the Migration Regulations for each one, which we won’t go into here. In short, the Dependent Child Visa is applied for when the child’s parent has a temporary Partner Visa, whereas the Child Visa is applied for when the parent has a permanent Partner Visa.
The child is 25 years old and has a job and a husband. Can we get a Child Visa?
Not a chance. Needs to be a child who is wholly or substantially dependent on their parent for their daily needs. If working and/or with a spouse, they are clearly not dependent on anyone else.
The child is 25 years old and doesn’t work. Can we get a Child Visa?
Not unless there is a very unusual reason for the “child” to be still genuinely dependent on a parent at that age. Laziness is not a justifiable reason. This is about genuine dependency, and not because you want your older child to enjoy the good life in Australia. They need to genuinely deserve the visa grant.
What age can the child be for a Child Visa?
It gets a little complicated. Please complete an online assessment and we can advise you.
Have A Child Visa Question Not Answered Above?
Now, over to you the client (or potential client)! We value our clients opinions, and we believe in keeping all well-informed. What would YOU like to ask about child visas? What do YOU think needs a bit more explanation? Ask below, and Jeff Harvie RMA will answer your question for you and for others wondering the same thing.
97 Comments
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wynd davidAug 16, 2018, 10:41 PM
Hi I would like to ask if I have a dependent child and the custody is given to the father
by court can I still get my children?
also what is the age to get a visa for my daughter - I have 6 yrs ,12 yrs ,13 yrs and 18 yrs old.
thank you and looking forward for your reply
by court can I still get my children?
also what is the age to get a visa for my daughter - I have 6 yrs ,12 yrs ,13 yrs and 18 yrs old.
thank you and looking forward for your reply
Jeff HarvieAug 17, 2018, 10:48 AM
Australia will follow what the legal custodial position is in the home country, David. That means if the court in the Philippines gives custody of the kids to the father, then she may not take them out of the country without written permission from the custodial father. I won't comment on ages, because I don't know your situation, visa held now, or visas you wish to apply for.
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NovzApr 23, 2020, 05:38 PM
Hi jeff, Im a filipina married to Australian 2013.I have a 16 years old son in the Philippines. Have a chance to get a Child visa? even the surname of his dad.
Jeff HarvieApr 24, 2020, 10:04 AM
I would imagine you could. Suggest you contact us via our assessment form and we can see if we can help you.
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RiaJan 15, 2021, 11:20 AM
Good day! I hsve an illegitimate daughter in the Philippines that i would like to include in my PR visa application. What documents do i need to provide so i can get her here? Does she need to be consented by her dad?
Jeff HarvieJan 18, 2021, 11:42 AM
Hello Ria. Are you wanting this professionally managed?
CN
Charles NormanJun 19, 2021, 08:06 PM
My wife in phillipines has two children can I bring them to Australia we are legally married
Jeff HarvieJun 29, 2021, 09:18 AM
Hello Charles. Too complicated a question, sorry. It will depend on whether she has custody or not, and whether you want them included in a partner visa or on child visas later. You need to do an assessment, as we can’t discuss it here. https://assessments.downundervisa.com
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LizNov 23, 2019, 03:18 PM
Hi there,
Just asking questions I apply my daughter for Child visa 2016. They refused because study gap. Then this year 2019 , apply for her tourist visa and refused again. I don’t know what to do. Really at this time she’s in university in her 3rd college, by 2021 she will be finish course being Business and finance degree. Hope you can give me advice. If ever what kind of visa for to apply again , and she 23 years old. Thank you. Hope to hear from you.
Just asking questions I apply my daughter for Child visa 2016. They refused because study gap. Then this year 2019 , apply for her tourist visa and refused again. I don’t know what to do. Really at this time she’s in university in her 3rd college, by 2021 she will be finish course being Business and finance degree. Hope you can give me advice. If ever what kind of visa for to apply again , and she 23 years old. Thank you. Hope to hear from you.
Jeff HarvieNov 26, 2019, 09:03 AM
I would need you to do an online assessment, Liz. I can't advise you here.
CB
Cathleya BenitezSep 17, 2018, 01:03 PM
Hello Mr Harvie! I have an 18 yo daughter living in the Philippines while I am currently working in Doha, Qatar. I will apply for Partner visa next year hopefully with your agency but I am concerned that I cannot get a written permission from my ex husband since I do not know if he is still alive. Is it better to apply Dependent child visa and my Partner Visa at the same time? Thanks
Jeff HarvieSep 19, 2018, 11:02 AM
If your daughter is 18 years old you do not need permission from the other biological parent, Cathleya. Your daughter may make her own decisions at that point, as she is legally an adult.
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CatherineJan 21, 2021, 06:09 AM
I have four years old daughter her father is an australian and her father acknowledge her but wer not marry can my child get visa someday goin there cause she carrying her father surname and can she get support from australia government cause her father doesnt support her now because of his disable.
Jeff HarvieJan 29, 2021, 08:06 AM
Yes, I imagine we can help you. Please do a free assessment, and pick "Citizenship By Descent".
A
AlmaSep 23, 2018, 08:09 PM
Hi, my son is 20 and fully dependent on me. He had been enrolled many times in different colleges but never continued his courses. He is currently enrolled now as freshmen. Meaning, he is not enrolled in this course he's in now before he turned 18. Would that complicate his application for child visa? Cheers
Jeff HarvieSep 24, 2018, 11:47 AM
I don't know the details of your case, Alma. He needs to be wholly or substantially dependent on you for his daily needs, and he needs to fit the definition of a dependent child. The older he gets, the harder it is to prove this. If he keeps not finishing his studies, of course they will suspect he's just doing this so he remains dependent on you. You should advise him to stick to what he's doing now.
RG
Ricky George DuckJan 22, 2020, 06:17 PM
What is the best way of bringing my girlfriend and her 12yr old son to australia to live with me..
Jeff HarvieJan 22, 2020, 07:47 PM
Get an assessment of your case, Ricky. There's an assessment form on this page.
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janicaOct 21, 2018, 05:59 PM
Hi, im in a temporary visa now and i wanna bring my kids here after they graduate in philippines next year. they will be 19 and 21 years old. My question is what is better for them, i apply dependent visa for them while they are in Philippines or its better to invite them as tourist first and apply here onshore?
Jeff HarvieOct 22, 2018, 11:46 AM
It is often difficult to get tourist visas for dependent children, because they need to be convinced they will return at the end of the tourist visa. Highly likely the tourist visa applications would be refused. I would suggest you look at child visas for them applied-for offshore. And I suggest you get the applications applied-for professionally so that you get it right.
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jayneAug 16, 2020, 06:14 AM
i sponsored my husband as spouse visa. he is now a permanent resident applying for his citizenship. he didn't tell me that he has a child from a previous relationship in the philippines. now, he wants to sponsor the child. he did not include his child on his application when i sponsored him for the spouse visa. he also did not declare the child when he applied for his permanent residency and cotizenship. can he still sponsor his child despite not including the child on his previous application?
Jeff HarvieAug 19, 2020, 02:49 PM
He risks getting caught out for lying on his visa application. This may affect a Citizenship application.
D
DialahSep 2, 2024, 10:30 PM
I would like to ask, if I was married here from my country, but not legally separated for about 10 years. Will I be able to get marry there and get a permanent partner visa?
Jeff HarvieSep 23, 2024, 05:42 PM
That's called bigamy, and it's a crime. Can't be legally married to more than one person.
MD
Mailou D.VirayNov 1, 2021, 03:24 PM
May i.ask my visa was approved with dependent child 309 but my son is graduatibg student this 2022 how we can travel if he is not finish his studying he is now intern student only few months he will graduate and take board exam? He needs to activate his visa and he will return to philippines to finish his schooling? Thanks n Advance.
Jeff HarvieNov 24, 2021, 02:06 PM
He must enter Australia by the date on the visa grant notice
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BelaOct 29, 2018, 12:57 AM
How to prove that im mother or illigitemate child.what are the requirements?and do i needto get some affidivit of illigitimacy to provr that..some says thats not acceptable evidence.and immigration dont brlelieve that.thank u
Jeff HarvieOct 29, 2018, 12:09 PM
Don't you have the child's birth certificate? Or birth records from the hospital?
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RussellNov 7, 2018, 10:42 AM
Hi jeff we are thinking about a second tourist visa before applying for a permanent visa .could we include a dependent child on the tourist visa .and then also on the permanent visa later on
Jeff HarvieNov 7, 2018, 12:57 PM
Hello Russell. You need to email me about this so we get it right. This isn't the place to discuss an actual visa application. Cheers.
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LizaNov 17, 2018, 08:18 PM
Hi jef.if ever my de facto visa will approve,is my tourist child 10 yrs old no need to exit anymore?
Jeff HarvieNov 18, 2018, 04:51 PM
Not 100% sure what you're saying, Joy. Are you asking if your child on a tourist visa will not need to return if your partner visa application is granted? Yes, IF he was included as a secondary applicant in the partner visa application. If he was not? No, he will need to return. Please use the CONTACT FORM on our website if you need to discuss this further.
SK
scott knopfJan 11, 2019, 10:40 AM
Hi
My wife has the temp bridging visa A awaiting her approval for her 820 Perm Res. We were told to apply for her son using the 1436 form and attach it to her application and he will receive the same bridging visa as her and be able to come to Australia asap and DOES NOT have to wait for my wife to be granted her perm visa in 2 years. Is that true? I've already applied for him and paid the fees and am still waiting on an answer.
My wife has the temp bridging visa A awaiting her approval for her 820 Perm Res. We were told to apply for her son using the 1436 form and attach it to her application and he will receive the same bridging visa as her and be able to come to Australia asap and DOES NOT have to wait for my wife to be granted her perm visa in 2 years. Is that true? I've already applied for him and paid the fees and am still waiting on an answer.
Jeff HarvieJan 11, 2019, 12:17 PM
He's outside Australia, and someone told you to fill out and lodge a Form 1436? That only works if he's already inside Australia! Who gave you such terrible information?
GS
Gesela SulamMar 6, 2019, 08:51 AM
Hi,
My father is Permanent Resident here in Australia.
He has a 1 year old daughter in the Philippines which her mum gave the child to my father since she was born, Because she can’t look after her. My father is the said father on her birth certificate. He left the child in the Philippines to her hired carer because my father needs to come back here in Australia so he won’t lose her permanent visa. My father has no job here in Australia and we her children here in Australia
was supporting him until now.
I was just wondering how my father can bring the child here in Australia even he doesn’t have a job. What kind of visa we are able to apply for the child.
He is on Parent Contributory Visa which is now he is already Permanent Residence through that visa.
My father is Permanent Resident here in Australia.
He has a 1 year old daughter in the Philippines which her mum gave the child to my father since she was born, Because she can’t look after her. My father is the said father on her birth certificate. He left the child in the Philippines to her hired carer because my father needs to come back here in Australia so he won’t lose her permanent visa. My father has no job here in Australia and we her children here in Australia
was supporting him until now.
I was just wondering how my father can bring the child here in Australia even he doesn’t have a job. What kind of visa we are able to apply for the child.
He is on Parent Contributory Visa which is now he is already Permanent Residence through that visa.
Jeff HarvieMar 6, 2019, 12:22 PM
We may apply for a Child Visa for the child. We will need to establish beyond any doubt that he is the biological father of the child, and we will need permission from the mother. Suggest that you get him to contact us via our help and support page on the website.
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VickyMar 25, 2019, 04:40 PM
Hi Mr Harvie,I am permanent resident and my husband is an Australian citizen.I applied for my daughter Child visa 101 at the time she was 23 and still studying in the university,it was on the 22 April 2017.She is my daughter of my first marriage.She graduated last year in April 2018 and she was 25 year old in December.During that time she did undergo all the requirements ,medicals,submitted every forms..Since then we have been waiting .We wrote three times and they replied that it was under processing.The last one they said was due to circumstances.My daughter is now working.Is it normal to take so long?Thank you very much and have a good day.
Jeff HarvieMar 26, 2019, 09:29 AM
That's a long time, but there is nothing you can do about it. Nagging won't make it go faster. You just need to wait.
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VickyMar 26, 2019, 10:41 AM
Hi Mr Harvie,Thank you very much for your prompt answer.It was very kind of you.We wish you a good afternoon.
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K.May 11, 2019, 08:14 PM
Hi, I am an Australian female with god children (as per certificate of baptism). Is it possible for me to act as sponsor for them to study senior high school in Australia?
Jeff HarvieMay 12, 2019, 01:28 PM
We dont advise on student visas, sorry
S
SMay 16, 2019, 09:26 PM
Hi Jeff, Me, My Partner and my baby are currently PR here in AU. During my application here i stated that im single in all of my documents.
But in my younger years i had a daughter in the Philippines who is now in her 20's and in her birth certificate i am married to her mother
as we paid a marriage document just to present to the hospital.
Now my question, is it still possible for me to get my daughter via child visa without having any issue with my PR status?
I mean applying single here and having a daughter that i didn't declare in my PR application.
But in my younger years i had a daughter in the Philippines who is now in her 20's and in her birth certificate i am married to her mother
as we paid a marriage document just to present to the hospital.
Now my question, is it still possible for me to get my daughter via child visa without having any issue with my PR status?
I mean applying single here and having a daughter that i didn't declare in my PR application.
Jeff HarvieMay 17, 2019, 09:05 AM
You will need to see an attorney and to get her birth certificate corrected. This will need to go through the court and will take probably a year or more. There is no other way to repair this damage, and you should not even think about a visa application until this is done.
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LorrisaJun 25, 2019, 11:47 AM
Hi, I just want to ask, I am in a de facto relationship with an Australian Citizen.I am planning to apply for a partner visa and wanted to include my dependent child. I am currently here in Australia but my daughter is still in the Philippines. Which form should I fill out for me and for my dependent child if I am lodging my visa whilst I am here in Australia and her visa whilst she's in the Philippines?
Jeff HarvieJun 26, 2019, 11:29 AM
You can't include your child in an onshore partner visa if she is not also onshore. You need to bring her to Australia.
RI
Rowena I. SansanoMar 11, 2020, 05:18 AM
HI, good day! Im married to australian cititizen and im permanent resident i have 3 children for may 1st marriage, before i apply for temp. resident and permanent resident last 2017 my children included in my application, at present my eldest is 27, second son is 24 and my youngest is 23 sti?l studying, they are not my full dependent because their father giving also his support. My husband and i want to invite them to visit Autralia. Please help us what visa we are going to use. Thank you. God bless
Jeff HarvieMar 12, 2020, 11:51 AM
I don't know all the details of your case so I can't give you precise advice. I suspect it can't be done. You can however get them tourist visas to visit only.
JD
jean-claude daemsJul 2, 2019, 09:38 AM
The visa application is still under consideration and you will be advised in due course as to the outcome.
If there are any changes to your circumstances in the meantime, please advise immediately
Dear Jeff,
Thank you for taking the time.
Does the second paragraph applies to my wife only or her daughter?
The daughter after graduation has been working for over a year now.
The application was lodged over 2 years ago, and she is now25.
Is working a good thing or not/?Thank you again.
J-C.
If there are any changes to your circumstances in the meantime, please advise immediately
Dear Jeff,
Thank you for taking the time.
Does the second paragraph applies to my wife only or her daughter?
The daughter after graduation has been working for over a year now.
The application was lodged over 2 years ago, and she is now25.
Is working a good thing or not/?Thank you again.
J-C.
Jeff HarvieJul 2, 2019, 09:21 PM
Sorry but I don't understand your questions at all
JD
jean-claude daemsJul 3, 2019, 01:25 PM
Dear Jeff,
I'm so sorry for the confusion I tried to make it short.I was just wondering, because the case officer sent this email to my wife recently:
The visa application is still under consideration and you will be advised in due course as to the outcome.
If there are any changes to your circumstances in the meantime, please advise immediately..
The word "changes to your circumstances"Does this concern between my wife or her daughter or both?
The child visa 101 application was lodged 2 years ago while she was studying in the university .Shortly after graduation,she applied and was hired for a job. Shes 25 and currently working over a year now. Is working a good thing or not for the visa?Because it was never mention to them .
Thank you very much again for your time.J-C
I'm so sorry for the confusion I tried to make it short.I was just wondering, because the case officer sent this email to my wife recently:
The visa application is still under consideration and you will be advised in due course as to the outcome.
If there are any changes to your circumstances in the meantime, please advise immediately..
The word "changes to your circumstances"Does this concern between my wife or her daughter or both?
The child visa 101 application was lodged 2 years ago while she was studying in the university .Shortly after graduation,she applied and was hired for a job. Shes 25 and currently working over a year now. Is working a good thing or not for the visa?Because it was never mention to them .
Thank you very much again for your time.J-C
Jeff HarvieJul 4, 2019, 07:29 AM
Those are changes in circumstances, and yes you should inform them. And no, working is NOT a good thing. She's supposed to be dependent on her mother wholly or substantially for her daily needs.
P
PkJul 23, 2019, 07:16 PM
Hi Jeff
I would like to know if I'm still eligible for dependent child visa.
My father is now Australian citizen but before he got in Australia he put me to be his dependent. Now 21 years old and just graduated last year. Also I'm dependent on my father for everything and had no job. The reason why it took me this long is that I want to finish my studies first in the Philippines.
Thank you in Advance.
I would like to know if I'm still eligible for dependent child visa.
My father is now Australian citizen but before he got in Australia he put me to be his dependent. Now 21 years old and just graduated last year. Also I'm dependent on my father for everything and had no job. The reason why it took me this long is that I want to finish my studies first in the Philippines.
Thank you in Advance.
Jeff HarvieJul 23, 2019, 07:24 PM
Please go to https://www.assessments.downundervisa.com and complete a free online assessment form. This isn't the place to assess you.
C
CandyJul 30, 2019, 08:53 PM
I have a baby with a British man (I am Filipino). He has a job in Australia and although will not marry me, we are going to bring our baby up together. What visa can I get? My baby has a British passport.
A
AbbeyAug 6, 2019, 08:40 AM
Good day I'm from philippines i am a child visa client i applied last July 2018 my age is 21 but now im turning 23 on september the last email is my application has been collected from high commissioner . I am college graduate and taking 2nd course has no work experience the gaps of my study is 11 mos it should be affect or not l.
M
MarcoDec 19, 2019, 09:18 AM
Hi,
I have a 13yr old boy in the Philippines, my son from a previous relationship to whom I wasn’t married to, he was not included nor listed in our application when me and my family came here in Australia. As it was just recently that his mother finally agreed for me to have his custody. I have been supporting him financially, education etc, since he was a baby. I would like to know the chances of being able to bring him over to live with us. I am currently holding a 489 visa. Thank you.
I have a 13yr old boy in the Philippines, my son from a previous relationship to whom I wasn’t married to, he was not included nor listed in our application when me and my family came here in Australia. As it was just recently that his mother finally agreed for me to have his custody. I have been supporting him financially, education etc, since he was a baby. I would like to know the chances of being able to bring him over to live with us. I am currently holding a 489 visa. Thank you.
Jeff HarvieDec 19, 2019, 01:48 PM
I don't do skilled visas, sorry. I couldn't advise you.
P
PaulJan 4, 2020, 05:39 PM
Hi Jeff, my brother from the Philippines is going to apply for a permanent resident visa (Subclass 189). He wants to include his children (aged 8 and 5) with his visa application. However, these are his illegitimate children from his previous de facto partner, and they have already separated. I do believe that the mum has the sole custody of illegitimate children as per the Family Code of the Philippines. Is it possible for him to just ask the mum a written consent to bring in his kids to Australia or does this need a court order as these children are illegitimate. Thank you.
Jeff HarvieJan 8, 2020, 11:36 AM
I don't get involved with that type of visa, sorry
CR
Candelaria RyallJun 1, 2020, 01:01 AM
hi i have 3 children but my oldest is still in the Phil. She us turning 29 years old this month she finished 2year course in computer but cant get a job due to her hearing
Jeff HarvieJun 1, 2020, 02:43 PM
He's not eligible for a child visa, sorry
ID
Imelda Diana San Pedro CastroJan 15, 2020, 12:23 AM
Hi jeff,
My partner is australian citizen, he is planning to take me and my daughter to australia via tourist visa, and later on we will get married there, my question is, is it possible for us to apply a partner visa after we got married there and include my daughter to the application? Do we need to go back here in philippines or we are allowed to stay in australia while we wait for the visa? Thanks in advance
My partner is australian citizen, he is planning to take me and my daughter to australia via tourist visa, and later on we will get married there, my question is, is it possible for us to apply a partner visa after we got married there and include my daughter to the application? Do we need to go back here in philippines or we are allowed to stay in australia while we wait for the visa? Thanks in advance
Jeff HarvieJan 15, 2020, 02:18 PM
If he applies for a partner visa inside Australia and if he does so correctly, you will both be able to stay. But he should be aware that there is limited time to prepare a very detailed and complicated application. He should not try to do this without being prepared. Suggest strongly that he uses a professional, and gets a free visa assessment done.
ID
Imelda Diana San Pedro CastroJan 15, 2020, 04:51 PM
Thank you so much for the quick response, i will let him know.
PS
Peter StevensJan 15, 2020, 04:56 PM
Hi Jeff,
I am Australian citizen, my partner is in Australia, granted Partner Bridging A Visa 820. We want to bring her two children here for visit April to mid August. Either my partner or Myself will pick them up from Philippines and return them. Is this easily done, and have we enough time between now and then?
Thanks in advance
Cheers. Peter.
I am Australian citizen, my partner is in Australia, granted Partner Bridging A Visa 820. We want to bring her two children here for visit April to mid August. Either my partner or Myself will pick them up from Philippines and return them. Is this easily done, and have we enough time between now and then?
Thanks in advance
Cheers. Peter.
Jeff HarvieJan 16, 2020, 12:30 PM
Note she will need a Bridging Visa B to travel, or she will breach the conditions of the BVA. And your partner should go. You would have difficulty bringing children, not being their biological father. You could expect police to overreact.
A
alexJan 15, 2020, 09:18 PM
Hi Jeff,
I am a permanent resident here in Australia together with my family. I have a 10 years old daughter back in the Philippines from my previous relationship. When we applied for PR I did not include her on the list of my family members. Can I sponsor her for a tourist visa here in Australia? Thank you so much in advance.
I am a permanent resident here in Australia together with my family. I have a 10 years old daughter back in the Philippines from my previous relationship. When we applied for PR I did not include her on the list of my family members. Can I sponsor her for a tourist visa here in Australia? Thank you so much in advance.
Jeff HarvieJan 16, 2020, 12:32 PM
This is a complicated matter than I wouldn't want to address in a comments section, sorry
J
JAFeb 12, 2020, 03:54 PM
Hi Jeff,
Good day!
I just want to ask regarding about child visa,101, im a PR now and wanted to get my 10 y/o son in the philippines, he is my son out of wedlock and im the only parent listed on his birth cert.I dont have any communication with his father eversince i got pregnant. There's one question on the form that says about court order, Do i need to get a court order or the birth certificate of my son is enough to show the evidence that i have the sole custody.Coz it says there in #15 is there a court order that shows that you have the legal right to removed the child from the country. Also my son's name is in my surname too. I hope you could give me some insight regarding this.Thank you in advance
Good day!
I just want to ask regarding about child visa,101, im a PR now and wanted to get my 10 y/o son in the philippines, he is my son out of wedlock and im the only parent listed on his birth cert.I dont have any communication with his father eversince i got pregnant. There's one question on the form that says about court order, Do i need to get a court order or the birth certificate of my son is enough to show the evidence that i have the sole custody.Coz it says there in #15 is there a court order that shows that you have the legal right to removed the child from the country. Also my son's name is in my surname too. I hope you could give me some insight regarding this.Thank you in advance
Jeff HarvieFeb 13, 2020, 09:29 AM
Under the Family Code of the Philippines, children born out of wedlock are the sole responsibility of the mother. The father has no legal rights, and fortunately the Department should also understand that. We've never had an issue with this, although you may have to explain if they happen to ask.
J
JAFeb 13, 2020, 05:08 PM
Thank you so much Jeff!?
FM
france mendozaApr 26, 2020, 11:21 PM
Hi jeff, im a filipina and my partner ( australian citizen) and i will apply a partner visa soon, i have 6yrs old daughter and my ex was the father of my daughter named on her birth certificate, question, i may still need his permission to get a child visa for my daughter even if he abandoned my daughter for 5years? thank you!
Jeff HarvieApr 27, 2020, 09:44 AM
It will depend on whether you were married to him or not, France. I can't advise you any further than that unless you become our client.
WA
Wilma AquinoAug 21, 2020, 09:40 PM
Hi Sir,
This is for my friend.
May I ask if what will happen if my friend will not sign the visa application of her 2 kids as his wife is in Australia and has an Australian partner already .
Thank you and hoping for your response soonest
This is for my friend.
May I ask if what will happen if my friend will not sign the visa application of her 2 kids as his wife is in Australia and has an Australian partner already .
Thank you and hoping for your response soonest
Jeff HarvieAug 25, 2020, 11:01 AM
Do you mean he will not sign a form giving permission for his kids to migrate? If he has legal custody of the children, then they may not migrate.
D
darellDec 7, 2020, 11:45 PM
Hi Guys!
I just want to ask, my Father is a filipino but he is already a citizen in australia. Is there a chance that he can get us?
I just want to ask, my Father is a filipino but he is already a citizen in australia. Is there a chance that he can get us?
Jeff HarvieDec 15, 2020, 12:22 PM
Only if you are a dependent child. If you are an adult who is no independent, then no sorry. There are no "family visas" to Australia.
C
CyrusJun 1, 2021, 01:44 PM
Hi
I just want to ask
What if my application for Child visa was submitted after i just finished College
will i be needed to enroll to a new course?
I just want to ask
What if my application for Child visa was submitted after i just finished College
will i be needed to enroll to a new course?
Jeff HarvieJun 1, 2021, 02:08 PM
This depends on a few factors. Not something for a comments section. If you'd like help with a visa application, please do one of our free online assessments.
RA
Reycel Ann BillonesMay 19, 2022, 02:57 PM
Please disregard the first comment I sent**
I have18 yrs old daughter her father is an Australian and her father acknowledged her, he left us when our daughter was 3 years old, but were not marry can my child get visa one day goin there cause she carrying her father surname and can she get support from Australia government cause her father doesn’t support her and may daughter was abandoned since 3 years old.? Thank you
I have18 yrs old daughter her father is an Australian and her father acknowledged her, he left us when our daughter was 3 years old, but were not marry can my child get visa one day goin there cause she carrying her father surname and can she get support from Australia government cause her father doesn’t support her and may daughter was abandoned since 3 years old.? Thank you
Jeff HarvieMay 19, 2022, 03:21 PM
She may apply for Australian Citizenship if her biological father was Australian. Cannot get a visa, though. And I don't believe the Australian Government provides support for children born of Australians overseas, but that is not my area of expertise.
C
ClariceJun 26, 2022, 08:24 PM
Hi Jeff,
First of all, you have a beautiful family.
Im asking this for a friend. My friend is in a de facto relationship, they are both AU Citizen now. Her partner, have kids in the Philippines and was declared married in the kid's birth certificate. These kids were not declared in her partner's PR application and even citizenship application. Now her partner is planning to file for a child visa. Is that possible and will it have a problem on her being the de facto partner?
Thanks a lot!
First of all, you have a beautiful family.
Im asking this for a friend. My friend is in a de facto relationship, they are both AU Citizen now. Her partner, have kids in the Philippines and was declared married in the kid's birth certificate. These kids were not declared in her partner's PR application and even citizenship application. Now her partner is planning to file for a child visa. Is that possible and will it have a problem on her being the de facto partner?
Thanks a lot!
Jeff HarvieJun 28, 2022, 04:57 PM
I suspect she will have problems. Please as her to contact us via an assessment form.
K
khayeMar 22, 2023, 12:11 PM
Dear Mr Jeff,Very briefly, In 2017,I applied for a child visa 101 for my daughter.
It was refused in 2020.The reason for it was that while she was waiting for the decision, she decided to look for a job to get some experience and not lying idle.
In the application, it is mentioned you should tell the truth and not telling lies so in all honesty she told the immigration about her working.Eventhough, I was still supporting her. I didn't think about sending proofs to support my claim.
It was stated in the decision that I failed to submit proof of supports from the time she was working.
I applied for a merit review in. I submitted proof of supports to the appeal tribunal.
From time to time ,I enquire about the status of the review .They said I am in a queue.
My daughter is now 28. Does she still have a chance to come to Australia?. As we have been separated for a long time waiting for decision on that particular visa, would it be possible to apply for tourist visa? Any advice would be greatly appreciated, to take the anxiety out of our mind.
I would be very grateful for your answer.
Thank you very much in advance.
It was refused in 2020.The reason for it was that while she was waiting for the decision, she decided to look for a job to get some experience and not lying idle.
In the application, it is mentioned you should tell the truth and not telling lies so in all honesty she told the immigration about her working.Eventhough, I was still supporting her. I didn't think about sending proofs to support my claim.
It was stated in the decision that I failed to submit proof of supports from the time she was working.
I applied for a merit review in. I submitted proof of supports to the appeal tribunal.
From time to time ,I enquire about the status of the review .They said I am in a queue.
My daughter is now 28. Does she still have a chance to come to Australia?. As we have been separated for a long time waiting for decision on that particular visa, would it be possible to apply for tourist visa? Any advice would be greatly appreciated, to take the anxiety out of our mind.
I would be very grateful for your answer.
Thank you very much in advance.
Jeff HarvieMay 4, 2023, 08:09 AM
She's 28, Khaye. She is not a "dependent child". She proved this by getting a job. You may appeal, however as I said already she has already proved that she is not dependent on you. And I doubt if they will grant her a tourist visa, because they will consider she plans to overstay. Sorry, but I won't lie to you.
JW
John WarnerApr 25, 2023, 04:46 AM
Hi my partner put her 4 dependant children on her visa it has been finalised permanent de facto visa how does she go about getting her kids visas as wen her visa approved only came in her name
Jeff HarvieMay 4, 2023, 08:00 AM
If she has already included them in a partner visa, why would she want to remove them? Can't be done.
SR
Shaz RochaJun 13, 2023, 11:26 PM
Hello, My 16 yr old niece father is Permanent Resident. In fact he sponsored my niece as tourist and said he will apply her child visa when she arrives. My niece arrived 2 weeks ago but her father changed his mind now. He doesn’t want to sponsor my niece. What can I do to help my niece to remain in Australia legally?
Jeff HarvieJul 1, 2023, 08:32 PM
Sorry but nothing I can think of if she no longer has a sponsor.
N
NishSep 14, 2023, 09:09 AM
was on a work visa and now on a bridging visa to work visa to partner.
can I bring my 7 years old son who is currently in Philippines?
can I bring my 7 years old son who is currently in Philippines?
Jeff HarvieSep 15, 2023, 02:41 PM
You should be able to, but I can't comment on an individual application that I don't know about.
B
BelleOct 20, 2023, 02:02 PM
Hi! So much appreciate having this kind of platform/tool to guide us out. Planning to submit the dependent child visa offshore? Where or which address we can post it in Philippines? Thanks a lot in advance! :)
Jeff HarvieNov 7, 2023, 08:02 AM
Don't ask me to advise you about submitting your own application
F
FrancisOct 25, 2023, 03:01 PM
Hi Jeff, I was planning to apply for PR including my wife and my 4 kids currently living in the Philippines, I’m a bit worried because of the illegitimate status of my 4 kids on their Birth Certificate (Wedlock).
Jeff HarvieNov 7, 2023, 08:01 AM
This is not an issue to the Australian Government, as long as they are your biological children and that this is not in dispute.
FA
Floravilla AlfanteNov 29, 2023, 12:51 PM
Hi. Im i applied for 190 visa as my 9 y.0 son as my dependent. I am a single parent and all my son’s documents is under my family name since he wasn’t acknowledged by his father. The case officer asked me to provide australian child order. Can i submit affidavit of sole custody in lieu of it?? Or other documents can i submit to justify my sole custody yo my child.
Jeff HarvieDec 7, 2023, 10:23 AM
I can't give free advice on your case, sorry. This is a comments section only.
Leave a Comment
Further Reading
Want to read more about Australian Child Visas from the Philippines? Check out some of our Child Visa BLOG posts below.
Travel Requirements for Filipino Children
Finishing School in Philippines, Or Not?
More On Child Visas From Our BLOG Page...
When should the Filipino child come to Australia?
Not always the easiest question, but if you are bringing a Filipino child of your single-mum or divorced/annulled Filipina lady from Philippines to Australia, it’s an area you both need to discuss and you should both agree on. And I really mean that! If you are the committed couple that you claim to be on your Partner Visa application (or Prospective Marriage Visa application) then you should be leading a shared life, and decisions about kids should be made by both of you. It’s not just the decision for the mother, and it is DEFINITELY NOT the decision of her family in the Philippines.
If there are kids involved and you intend to bring them to Australia to live as a complete family, then you have two major options. Either:
- Include them as secondary applicants as part of a Partner Visa application, or
- Do not include them as secondary applicants in the Partner Visa application, and bring them to Australia later with a Dependent Child Visa or Child Visa later again.
Leaving Filipino kids with the relatives
Lots of great things in Filipino culture, but I’m of the firm belief that kids should always be with their parents despite the tendency to leave them with relatives. I also married a single mum. Remy (child) was left in the province from 2 ½ until 9 years old while Mila was an OFW (Overseas Filipino Worker) in Hong Kong doing her best to make a better kids for her daughter. The relatives did their best, but she was semi-feral by the time we brought her to Australia on a Subclass 445 Dependent Child Visa. An auntie, an uncle and two ol’ grandparents shared the parenting role, but it meant the buck didn’t actually stop anywhere! “Where is Remy?” “Diko alam” (ie. “I don’t know”). She was very underweight. She slept when she wanted. She roamed the town. And she didn’t like being told what to do. She needed a mum and dad, and she got them in Mila and myself. We did what I think was a great job, but there were also insecurities to deal with from the feeling she had of her mum abandoning her!
Other relatives who did the same thing? Yes, and they are the kids who got into trouble. There are three nieces whom we have nothing to do with now. Two of them married complete morons after getting pregnant at a young age. They’re now trapped, and will live in poverty forever.
So please think carefully, OK? The relatives might be well-meaning, but kids need a mum AND a dad. And to me, nothing is more rewarding than being a dad. It’s probably the best thing a man can ever aspire to being.