You had a baby in Australia on a Temporary Visa
- Was your baby born in Australia? Yes
- Was one parent an Australian citizen, a permanent residence visa holder, or an eligible New Zealand citizen at the time of the baby’s birth? No
- Did one parent hold a temporary visa at the time of the baby’s birth? For example, a Student (subclass 500) visa or temporary work (subclass 457 or 482) visas. Yes
If your circumstances are like the above questions, the Australian immigration says:
Your baby’s status
Upon receipt of the information of your baby’s birth and required documents by the department, your baby will be considered to hold any visa(s) that you and the other parent held when the baby was born.
Your baby will also be added to any unfinalised visa applications you may have before the Department at the time of your baby’s birth.
Your baby is not an Australian citizen or a permanent resident.
Tell Immigration about your baby
You must tell the immigration 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 current visa and any pending visa applications you have.
If the baby doesn’t have a passport yet, you can give us copies of your baby’s passport pages later. However, you must send them as soon as you can.
If you currently have a visa application in ImmiAccount that is not yet finalised, sign in to ImmiAccount and upload these documents:
- Form 1022 – Notification of changes in circumstances
- a colour scan of your baby’s Australian birth certificate
- a colour scan of your baby’s passport pages (showing photo, personal details, and passport issue and expiry dates)
If your visa application in ImmiAccount is finalised or you did not apply for your visa via ImmiAccount, post these documents to your nearest Departmental office.
- Form 1022 – Notification of changes in circumstances
- a certified copy of your baby’s Australian birth certificate
- a certified copy of your baby s passport pages (showing photo, personal details, and passport issue and expiry dates)
We recommend you send them by express or registered post so you can track their delivery.
It is free to add your baby to your visa. It is also free to add your baby to an unfinalised visa application and/or to link the visa to their passport.
Terms and conditions
Your baby’s visa(s) will have the same terms and conditions as per the visa(s) that you and the other parent held when the baby was born. This includes any Bridging visa(s).
Your baby must comply with the terms and conditions of their visa(s) like both of you.
What happens next
The department will let you know if you need to do anything else. When you have given the department everything they need, they will include the baby in any unfinalised visa applications you have before the Department, and the baby will be assessed along with yourself and any other dependents for a decision on your visa.
Your baby must, also, meet all requirements for visa grant. For example, this includes:
- being included in a sponsorship (where applicable)
- meeting the health requirement
- having a valid passport for travel (where applicable).
If you do not tell the department about your baby:
- you cannot access Visa Entitlement Verification Online (VEVO) for your baby
- you and your baby might be delayed at the airport if your baby attempts to travel
- your baby’s immigration status might be adversely impacted. This could, in turn, adversely impact your own immigration status
What if my visa application has already been refused by the time I notify the department of my baby’s birth?
In such cases, you must still notify the department of your baby’s birth as soon as possible, even if your baby does not have a passport yet.
Your baby’s visa application will most likely be refused as well. This will, however, allow your baby to also seek merits review where applicable and ensure that your baby remains lawful in Australia while the application(s) for merits review is being considered.
If your baby has not had a refusal in their own right, the merits review tribunal will most likely have no jurisdiction to consider your baby’s application for merits review until the Department has refused your baby first.
Applying for another visa
First, you need to tell the department about the baby as soon as possible, even if the baby does not have a passport yet.
Next, the department can link the baby’s current visa to their passport.
Then, if you apply for a temporary or permanent visa after your baby’s birth, you can include your baby in your application.
If you cannot obtain a passport for your baby, please contact the immigration office.
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