In short: If your baby is born while your partner visa application is pending, they're automatically included in your application by law — you don't file a fresh visa. You just need to notify the Department of Home Affairs promptly with Form 1022, the birth certificate, and (once issued) the baby's passport pages. If your baby is born in Australia and one parent already holds citizenship or permanent residency, the baby is usually an Australian citizen from birth and doesn't need a visa at all.
My Baby Was Born While My Partner Visa Is Being Processed — What Do I Do?
Under Australian migration law, a child born after you lodge a partner visa application but before it's decided is treated as included in that application automatically — whether the birth happens in Australia or overseas. That covers both partner visa 820 with child (onshore) and partner visa 309 with baby (offshore) applications. But "automatic" doesn't mean "no action needed." You still must tell the Department as soon as possible, or you risk delays once a decision is made.
Do I Need to Add My Newborn to My Partner Visa Application?
In most cases, yes — you need to formally notify, even though the inclusion itself happens by operation of law. Here's the standard process for adding newborn to partner visa Australia applications:
- Register the birth with your state or territory's Births, Deaths and Marriages registry to get a birth certificate.
- Complete Form 1022 – Notification of Changes in Circumstances.
- Upload the form and a colour scan of the birth certificate through ImmiAccount (or post it, if your application isn't managed online).
- Add the baby's passport scan once it's issued.
Skipping this step is one of the most common reasons partner visa files get delayed at the final assessment stage.
Is a Baby Born in Australia Automatically a Citizen If a Parent Is on a Partner Visa?
This is where a lot of applicants get confused — and it depends entirely on which parent holds what status:
| Scenario |
Citizenship Outcome |
| One parent is an Australian citizen or permanent resident at time of birth |
Baby is an Australian citizen automatically |
| Both parents hold only a temporary visa (including a pending 820 or 309) |
Baby is not automatically a citizen — usually takes the same bridging/substantive visa status as the parent, by operation of law |
| Baby lives in Australia for their first 10 years |
Becomes a citizen automatically on their 10th birthday, regardless of parents' status |
So a partner visa baby born in Australia citizenship outcome hinges on whether your sponsoring partner is already a citizen or PR — not on your own visa status.