How to add a newborn to an existing visa?

How to add a newborn to an existing visa?

Adding a newborn child to an unfinalised Australian Visa application

You can add a newborn child after the parents have applied for an Australian Visa and the application is still under processing.

Under Migration regulation 2.08:
  • a child (other than a contributory parent newborn child) born to an applicant after a visa application is made, but before it is decided is taken to have applied at birth even if the department is not notified of the birth of the child until after the decision is made (and perhaps visas evidenced) and
  • the child’s application is taken to have been combined with the parent’s application.
Regulation 2.08:
  • applies if the child is born before the application is decided (that is, before the parent has been granted or refused a visa). This is critical.
  • applies to most Visa classes (permanent and temporary) except in certain specific situations (such as for Contributory Parent Visa).
  • does not cover adopted children
No application form is required

Regardless of whether the child must satisfy primary or secondary criteria, the child is automatically taken to have applied when it was born and have a combined application with its parent/s.

Therefore, a separate application form is not required for the purpose of making the application. However, under policy the parent completes a standard form in favour of the child.

Cost

No visa application charge is payable as the completion of the form is not intended to constitute an application under s45 of the Act. Under s104, the child’s parents are required to notify the department, as soon as practicable, of the birth of the child, as this constitutes a change of circumstances. You must submit form 1022.

If a child has a deemed application under regulation 2.08 (regardless of whether the parent has completed a visa application form in favour of the child), a decision on the application must be made in respect of the child either:

  • at the same time that a decision is being made on the parent’s visa application or
  • if a decision has already been made on the parent’s application, as soon as a decision maker becomes aware of the deemed application whichever is relevant.
What you should do…

You must tell the Department of Home Affairs about your baby as soon as possible (even if they don’t have a passport yet) so they can determine whether your baby can be added to your unfinalized visa applications.

You can give them a copy of your baby’s passport pages later. However, you must send the passport pages as soon as you can.

Using ImmiAccount

If you currently have a visa application in ImmiAccount that is not yet finalised, sign in and upload these documents:

  • Form 1022 – Notification of changes in circumstances
  • a colour scan of your baby’s birth certificate
  • a colour scan of your baby’s passport pages (showing photo, personal details, and passport issue and expiry dates)
By post

If your visa application in ImmiAccount is finalised or you did not apply for your visa through ImmiAccount, post these documents to your nearest Departmental office.

  • Form 1022 – Notification of changes in circumstances
  • a certified copy of your baby’s birth certificate
  • a certified copy of your baby’s passport pages (showing photo, personal details, and passport issue and expiry dates)

Please send them by express or registered post so you can track their delivery.

For further Information, please refer to the Department of Home Affairs website.

 

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