Lena is in Sydney preparing a skilled visa application. Her daughter is 21, studies full-time, and lives with her. Her son is 24 and works part-time. Lena wants to include both children, but she is unsure whether they count as dependent children under migration law. This guide explains how Australian visa law defines a dependent child, how age and dependency work, and what evidence helps.
The short answer
Under the Migration Regulations, a dependent child is your child or stepchild who is not married, engaged or in a de facto relationship, and who is either under 18, or 18 or older and dependent on you or incapacitated for work. For most visas that let you include family members, a child aged 18 to 22 must be financially dependent, and a child aged 23 or older can usually only be included if they are incapacitated for work. Some visas, such as child visas, have their own age rules.
How do the Migration Regulations define it?
Regulation 1.03 of the Migration Regulations 1994 defines a dependent child as the child or stepchild of a person, other than one who is engaged or has a spouse or de facto partner, who has not turned 18, or who has turned 18 and is either dependent on that person or incapacitated for work due to the total or partial loss of bodily or mental functions.
For a child under 18, the definition is met by age alone, as long as the child is single. The Federal Court has confirmed that a child under 18 does not also need to prove financial dependence to meet this definition. The more detailed questions arise once a child turns 18, so that is where families usually need to focus.
What dependent means for adult children?
Regulation 1.05A explains what dependent means. A person is dependent on another if, for a substantial period, they have been wholly or substantially reliant on that person for financial support to meet their basic needs for food, clothing and shelter, and that reliance is greater than on any other person or source. A person can also be dependent if they rely on that person because they are incapacitated for work.
Occasional help, such as paying for a holiday or a phone bill, is usually not enough. Home Affairs looks for regular, substantial and ongoing support, and for evidence that the child is not supporting themselves through full-time work.
Age limits under the family unit rules
Many visas let the main applicant include members of the family unit, such as skilled and employer-sponsored visas. Under regulation 1.12, a child generally counts as a member of the family unit if they are under 18, aged 18 to 22 and dependent on the main applicant or their partner, or aged 23 or older and dependent because they are incapacitated for work.
This means financial dependency alone stops being a basis for inclusion once a child turns 23. A 24-year-old full-time student who relies entirely on their parents is generally outside the family unit for these visas unless they are incapacitated for work. Some visas, such as student visas, generally limit included children to those under 18.
Visas with their own child rules
Child visas (Subclasses 101 and 802) use a different test. An adult child can generally apply if they are under 25, study full-time, depend on the parent and have never had a spouse or de facto partner, or if they are incapacitated for work. Partner visa applications can include dependent children under the family unit rules, and the Subclass 445 Dependent Child visa covers children of temporary partner visa holders. The same child can qualify under one visa and not another, so always check the rules for the specific visa.
Stepchildren, adopted children and relationships
The definition covers stepchildren as well as biological and adopted children. A stepchild needs evidence of the family relationship, and some visas have extra rules for stepchildren. Consent from any other parent with custody rights is usually needed before a child under 18 can migrate.
A child who is married, engaged or in a de facto relationship is not a dependent child under the definition, whatever their age. For child visas, an adult applicant who has ever had a spouse or de facto partner is generally excluded.
Where dependency claims fall short
Most difficulties come from evidence and timing. Some families rely on a statement that the child is dependent without financial records to support it. Others include a child who works full time, or a child who turns 23 before the decision. Some overlook consent from the other parent, or do not realise that a child’s engagement or new relationship changes their status.
For example (illustrative only, not a real case): Tom is 20 and studies full time in Adelaide. His mother pays his rent directly to the landlord and transfers money each fortnight for food and transport. When she includes him in her employer-sponsored visa application, she attaches a year of bank records and his enrolment letter.
If you are unsure whether your child can be included in your application, The Migration’s team can review your family’s situation and documents. Book a consultation.
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Book ConsultationHow to show a child is dependent
Good records make dependency much easier to show. Start by checking each child’s age on the application date and the likely decision date, and read the family unit rules for your visa. If a child is close to 18 or 23, timing may matter.
For an adult child, gather evidence of financial support over a substantial period, such as bank transfers, rent or tuition paid by the parent, and proof that the child lives with you. Add evidence of the child’s own income, if any, to show it does not cover their basic needs. Enrolment letters can help explain why the child is not working full time.
For a child who is incapacitated for work, obtain medical reports that explain the condition and how it affects the child’s ability to work.
Finally, keep the Department informed of changes, such as a new job, an engagement or a move out of home, because these can change the child’s status during processing.
The Migration team helps families in Australia prepare visa applications that include dependent children. Talk to the team about your family.
Dependent child rules at a glance
This table gives a general guide. Always check the criteria for your specific visa.
| Child’s situation | Most family unit visas | Child visas (101 and 802) |
| Under 18 and single | Included | Eligible |
| 18 to 22 and financially dependent | Included | Eligible if studying full time |
| 23 or 24 and financially dependent | Generally not included | Eligible if studying full time |
| 25 or older, not incapacitated | Not included | Generally not eligible |
| 18 or older and incapacitated for work | Included if dependent | Eligible if dependent |
| Married, engaged or in a de facto relationship | Not included | Not eligible |
Health checks and children who are not migrating
For many permanent visas, all members of the family unit must meet the health requirement, and in some cases this includes dependants who are not applying with you. Leaving a child off an application does not always remove them from the assessment. Adding a child later can also be limited, so include eligible children from the start where possible. A child born during processing can usually be added before a decision.
