Conditions You Must Fulfill If Your Partner Visa Application Includes a Child


Many people sponsor spouses during their partner visa application process. However, some of those applications hit a snag when the person applying for the visa does not provide all the information that the authorities need to confirm that he or she is legally allowed to decide where a non-biological child resides. This article discusses some of the information that your partner may be expected to provide before he or she is allowed into Australia with a child who isn't his/her biological child.

Proof of the Death of the Child's Other Parent

Your partner may have a child from a previous relationship and he/she wishes to travel with that child to Australia. The authorities will expect your partner to provide proof that the other parent of that child died, if that is what your partner declares on the application form. The acceptable proof may be a death certificate or any other document to that effect.

Consent of the Other Parent

The other parent of the child may be still alive but your partner wants to travel to Australia with their child. In such a case, he or she may be required to provide documentary proof that the other parent of the child has given consent that your partner should travel to Australia with that child. For instance, your partner may have to submit a statutory declaration proving that the other parent has consented to the travel arrangements of the child.

Proof that the Laws of Your Partner's Country Permit the Relocation of the Child

Australian visa authorities may also be interested in confirming that your partner is not violating the laws of his or her country by relocating with a minor. Consequently, your partner may be expected to avail a court order from his/her country granting him/her permission to relocate with that child.

Proof that the Relocation Doesn't Contravene Australian Laws

Your partner may also be expected to get an Australian court order giving him or her sole custody of that child. That court order will assure the visa authorities that your partner will not be violating any current Australian laws regulating child custody matters.

Your partner may not know all the partner visa requirements, so it is your duty as his/her sponsor to guide him/her on how to obtain all the relevant information needed by the visa authorities. Use the information above as a reminder that you should seek for advice from the relevant sources, such as the website of the visa office.


13 October 2015

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