Evidence of Dependency

Dependent children

You must show evidence that a dependent child is one of the following:

• your child
• a stepchild from a previous relationship.

You should provide a certified copy of each child's birth certificate or adoption papers. If your dependent child is aged 18 years or over, you have to prove that the child is more reliant on you than on any other person or source. If you cannot provide this evidence, it is unlikely that your child will be considered dependent on you.

Custody requirement

If your application includes a child under 18 years of age and that child's other parent is not migrating with you, or there is any other person who has the legal right to determine where that child can live, you must provide the evidence detailed below:

• Evidence that the law of your home country permits you to remove the child to Australia. This could include an overseas court order granting you sole custody of the child.
• Evidence that each person who can lawfully determine where the child is to live consents to the grant of the visa. This evidence should be one of the following:
  • A statutory declaration or a legal document signed by the child's other parent (or any other person who can lawfully determine where the child shall live) consenting to the grant of the visa.
  • Evidence that the child's other parent is dead, such as a certified copy of the death certificate.
• Evidence that the grant of the visa would be consistent with any Australian child order in force in relation to the child. Such evidence should be the original or certified copy of the Australian Court order providing you with sole responsibility to decide where the child should live.

In the case of a stepchild, you must provide evidence that you were in a relationship with the child's parent and that you have been awarded one of the following:

• a residence order in force for the child under the Australian Family Law Act 1975
• a specific issues order in force under the Australian Family Law Act 1975, giving you responsibility for the child's long term or day-to-day care, welfare and development
• guardianship or custody, whether jointly or otherwise, under a Commonwealth, State or Territory law or a law in force in a foreign country.

Other dependent relatives

For any dependent relative that you include in your visa application, you must provide evidence of their:

• relationship to you
• dependency on you
• relationship status (for example: married, in a de facto relationship, divorced, separated, etc).

This evidence includes:

• a certified copy of your relative's birth certificate and evidence of their relationship to you
• evidence that the relative lives in your household
• evidence that your relative has been dependent on you for at least the last 12 months
• if your relative is divorced, legally separated or widowed, a copy of:
• the document of legal divorce, for example, their divorce decree absolute (if they are divorced)
• the document of legal separation (if they are separated)
• the death certificate of the deceased partner (if they are widowed)

DNA testing

DNA test results show whether two or more people are biologically related.

The department may suggest that an applicant undergo DNA testing as another means to establish a claimed relationship if there is insufficient evidence of a relationship. Any test obtained outside these requirements may not be accepted by the department.

Where a DNA test is requested, you must meet the full costs of DNA testing.

If you and your relative have been asked to undergo DNA testing and you have further questions, please contact the office that requested the test.
See: DNA Testing