New guidelines for Partner visa and kids


Well-known member
Not sure if anyone has come across this yet but if your planning on doing a PV and your lady is in Aust with kids back home some planning may be needed.

When doing the "on shore" PV application from Australia as my wife lives in Australia. We put the kids on the application to be included in the PV. (kids back home) When going to the next page of the online application a error message comes up saying the kids are not allowed on the visa. I called DIBP and they advised that as the kids are "off shore" being that they are still overseas they cannot be included in the application. To include them in the PV they need to be in Australia when applying. Later in the application it asks for family members that are not included on the PV. The kids and other family are in this section of our PV application.

So from what DIBP told me the kids need a separate application if applying in Australia.

The other option was for my wife to go back home and we do a off shore application for her and the kids but she has a life in Aust now.

I also thought possibly bring the kids to Australia on a Tourist visa then add them to the PV but the no further stay condition would muck that up. Add them to my wife's current Student visa and then change our PV as they will be in Australia may be an option but time is limited.

I think its time to discuss with a immigration lawyer, dose anyone know one.?


Active member
You will just have to do a seperate visa for kids.
And it will take quite a while I believe the processing times keep expanding that and costs but be thankful they are keeping ahead of inflation.
Was going to bring little one over on s TV while waiting child visa and was told they would not approve child visa til she exited country....


Yes, it's a tough call Ozzy. They look at it a bit more like a "Family reunion".
It's going to be long and exy....


This doesn't sound like anything new, its been around for a while.

The correct way would be add them to her student visa then they will get a bridging visa with your wife, if they are not on the student visa then they wont be part of the bridging visa and can't be added. As the bridging visa is an extension of the substantive visa until a decision is made on a PV.

They can't be included on an on-shore PV application as they aren't on-shore like you have been told.

The other option is to apply for a tourist visa and hope you don't get the no further stay condition or be up front in the application and tell them that is want you are planning and hope they agree to it.

You may face some issues with getting the kids added to any visa, as you will need to explain why there weren't added before, that they are still dependent etc.

Permission from the father of the kids etc.

Australia is still conservative in the government and DIBP will be wondering why your wife left her kids behind to go to another country to study etc, so make sure you cover this.

As for a immigration lawyer Mark Northam is highly regarded Northam & Associates


Well-known member
Thanks Seven, We went in yesterday to get some advise and adding the kids to the Student visa was one of two options given.

The other option is a separate visa subclass 445 but this cannot be done until the PV is approved. So around 15 months away.