Student Visa (Subclass 500)
A child may be included as a dependent if:
At time of application:
- Unmarried; and
- Under 18 years old
At time of decision:
- Must still be unmarried and under 18
- If the child turns 18 before grant, they generally cannot remain as a dependent unless separately eligible
Upper age limit:
18 Student visas generally do not allow older dependent children unless they meet strict dependency criteria and are included properly at lodgement.
Skilled, Employer, Partner (Offshore), Parent and Most Other Visas
(e.g. 189, 190, 491, 482, 186, 143, 309/100, 485, 407, 408)
These visas use the definition of “dependent child” in Migration Regulations 1994.
At time of application, the child must be:
- Unmarried; and
- Either:
- Under 18; or
- 18–23 years old and financially dependent on the parent; or
- Over 23 and incapacitated for work due to a total or partial loss of bodily or mental functions
Important:
The previous 25-year limit was reduced to 23 in 2018 legislative amendments.
At time of decision:
- The child must still:
- Be unmarried; and
- Remain financially dependent (if aged 18–23)
General upper age limit:
23 (unless incapacitated for work)
Child Visa (Subclass 101 Offshore / 802 Onshore)
Child visas operate under a different structure.
At time of application, the child must be:
- Unmarried; and Either:
- Under 18; or
- 18–25 and a full-time student and financially dependent; or
- Over 18 and incapacitated for work
Key distinction:
For Child visas, the student age limit remains 25 (not 23).
At time of decision:
- The applicant must continue to meet the criteria.
- If validly lodged before turning 25, grant may still occur after 25 provided eligibility continues.
Upper student limit:
25 (no age limit if incapacitated)
Dependent Child (Subclass 445) & Partner Visa (Subclass 820/801 Onshore)
These also rely on the general definition of “dependent child” under the Regulations:
- Under 18; or
- 18–23 and financially dependent; or
- Over 23 if incapacitated for work There is no unlimited age category unless incapacity applies.
Key Legal Principles
- Age is assessed at time of application and time of decision.
- The child must remain unmarried.
- Financial dependency must be genuine and ongoing.
- “Incapacitated for work” requires medical evidence.
- The definition of dependent child changed in 2018 (25 reduced to 23 for most visas).
