Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
A dependent visa allows a non-citizen family member to live in Australia while their primary relative holds a substantive visa or is an Australian citizen or permanent resident. In practice the law and visa rules are set at the national level by the Australian Government - primarily the Migration Act 1958 and the Migration Regulations 1994 - so the same visa subclasses and legal tests apply in Clayton as they do elsewhere in Australia. Common dependent pathways include partner visas, dependent child arrangements, and membership as a family member on a temporary or employer-sponsored visa. Local factors that matter in Clayton are practical - access to local migration advisers, community supports, medical services for health checks, and evidence you can gather locally to prove family relationships and household arrangements.
Immigration law is complex and small procedural errors can cause delays, refusals, or loss of review rights. You may want a lawyer or a registered migration agent if you face any of the following situations:
- You need to sponsor or be sponsored and are unsure about eligibility or sponsor obligations.
- Your relationship evidence is non-standard or disputed - for example de-facto relationships with less than 12 months cohabitation, long-distance relationships, or complex family structures.
- You are applying from offshore and need guidance on the correct offshore partner or prospective marriage visa subclass.
- You have a previous visa refusal, cancellation, or adverse immigration history that needs specialist handling.
- You or your sponsor have criminal records, bankruptcy or character issues that could affect a sponsorship or visa grant.
- You face urgent deadlines for review rights after a refusal - for example preparing an Administrative Appeals Tribunal application.
- You need help with complex evidentiary gathering - translating documents, certified copies, statutory declarations, financial evidence, or parenting arrangements for dependent children.
- You want representation at interviews, hearings, or to prepare complex submissions to migration authorities.
Key legal points relevant to dependent visas in Clayton - and in Victoria generally - include:
- Federal jurisdiction - visa law and decisions are governed by Commonwealth legislation and decided by the Department of Home Affairs. State or local governments cannot grant visas but can provide supporting services.
- Visa subclasses - common dependent-related visas are partner visas (onshore subclass 820/801 and offshore subclass 309/100), prospective marriage visa (subclass 300), dependent inclusions on temporary visas such as student visas (subclass 500) or employer-sponsored visas (for example subclass 482), and permanent family-stream visas when eligible.
- Relationship tests - partner and de-facto visas require evidence of a genuine and continuing relationship. De-facto applications usually need 12 months of living together or compelling reasons for exemption. Shared financial, social, household and commitment evidence is critical.
- Dependent child definition - the Migration Regulations define dependent children for visa purposes. Generally a dependent is under 18, or a full-time student aged 18-23 who is financially dependent, or an adult who is primarily dependent due to disability or other substantial reason. Proof is required.
- Health and character checks - all visa applicants and many sponsors must meet health and character requirements - this includes medical examinations and police certificates from countries where the person lived for a set period.
- Sponsor obligations and eligibility - sponsors are usually Australian citizens, permanent residents or eligible New Zealand citizens. Sponsors may need to satisfy character checks and may face income- or support-related undertakings for some visa types.
- Bridging visas and work rights - if you apply onshore you may be granted a bridging visa while the Department decides your application. Work and travel rights on bridging visas depend on the substantive visa and any specific conditions.
- Review and appeal - some decisions can be reviewed by the Administrative Appeals Tribunal. Time limits and appeal pathways vary depending on whether the application was onshore or offshore and the visa subclass.
The most common pathway is the partner visa stream. Onshore applicants generally apply for subclass 820 (temporary) and 801 (permanent) as a combined application. Offshore applicants generally use subclass 309 (temporary) and 100 (permanent). Eligibility requires proof of a genuine relationship and an eligible sponsor.
Yes. Dependent children can usually be included in a primary applicant's visa application if they meet the definition of a dependent under the Migration Regulations. You must supply evidence of the child-parent relationship, any custody or parenting orders, and proof of dependency if the child is older than 18.
Processing times vary widely by visa subclass, country of application, completeness of documents, and Department priorities. Times can range from several months to more than two years for partner visa finalisation. Expect interim stages and potential requests for more information.
Evidence commonly includes joint bank accounts, shared leases or mortgages, utility bills in both names, photos together, travel records, joint insurance, statutory declarations from friends and family, and proof of any shared children. If you have lived together less than 12 months, you will need other strong evidence or special circumstances to meet the test.
Yes. Sponsors must meet eligibility and character requirements. Criminal convictions, certain bankruptcy or serious welfare debts, or breaches of previous sponsorship undertakings can disqualify or prevent sponsorship. Sponsors should disclose relevant matters early and may need legal advice if issues exist.
If refused you may have rights to review - commonly to the Administrative Appeals Tribunal - but strict time limits apply. A refusal may also affect future visa prospects if not handled properly. Seek legal advice immediately to understand review rights and any urgent steps such as stay of removal or bridging visa applications.
Work and study rights depend on the visa subclass. Some partner and many temporary dependent visas include work rights. Student visas may allow dependents limited work hours depending on the student level and dates. Always check the visa grant conditions or get legal or migration advice for your specific subclass.
Yes. Many applicants lodge partner and dependent applications onshore. If you apply onshore you may be granted a bridging visa while the application is processed. Offshore applications are available for some streams depending on the visa subclass.
All applicants usually must meet health requirements by completing Department-approved medical checks. Police certificates are required from countries where an applicant has lived for a specified period. Failing health or character tests can lead to refusal but may be manageable with legal advice in some circumstances.
Use the Migration Agents Registration Authority to verify registration for migration agents. For lawyers, check professional accreditation and experience in immigration law. Ask for written terms, fee estimates, and examples of relevant experience. Local community legal centres, university legal clinics, and state legal aid may offer low-cost or free advice for eligible people.
Useful bodies and organizations to consult or contact for further information and assistance include:
- Department of Home Affairs - the national agency that assesses and grants visas and publishes policy and visa criteria.
- Migration Agents Registration Authority - the national register of migration agents and guidance on how to choose an agent.
- Administrative Appeals Tribunal - for merits review of certain visa refusals and cancellations.
- Victorian Legal Aid and local community legal centres - for low-cost or no-cost legal help on immigration-related matters and referrals.
- Local migrant resource centres and multicultural organisations in the City of Monash and greater Melbourne - for settlement assistance, translation and document support, and community referrals.
- University student services - if you or your sponsor are a student in Clayton, local university support services can help with documentation and advice.
- Registered medical practitioners for migration health checks and police authorities for national clearances.
If you think you need legal assistance with a dependent visa in Clayton, consider the following steps:
- Identify the correct visa subclass for your circumstances - partner, prospective marriage, dependent inclusion on a primary visa, or child dependency.
- Start gathering documents immediately - identity documents, evidence of relationship or dependency, financial and household evidence, police checks, and medical records. Get documents translated and certified where necessary.
- Check whether you need to apply onshore or offshore and whether you will require a bridging visa while the Department makes a decision.
- Seek professional help early if you have complex issues - criminal history, prior refusals, custody orders, long-distance relationships, or urgent time limits for reviews.
- When engaging a professional, check migration agent registration or legal accreditation, ask for a written costs agreement, confirm expected timeframes, and request a clear plan for gathering evidence.
- Keep a clear file - keep originals and certified copies, note dates of lodgement and correspondence, and save all receipts and acknowledgement numbers.
- If you receive a refusal or cancellation, act quickly - review rights and appeal deadlines are strict. Contact a lawyer or registered migration agent immediately to preserve options.
Getting the right advice early reduces risk of refusal and helps you plan practical next steps in Clayton - from arranging translations and health checks to finding local community supports while your application is decided.
