Child Visa (Subclass 802 and 101)
The Child visas allow an eligible dependent child to live permanently in Australia with a parent who is an Australian citizen, Australian permanent visa holder or eligible New Zealand citizen.
The child's location determines the subclass. Subclass 101 is the offshore pathway for a child outside Australia, while Subclass 802 is the onshore pathway for a child in Australia. Location, current visa conditions and application restrictions must be checked before lodging.
Subclass 101 and 802 explained
Subclass 101 allows a dependent child outside Australia to migrate permanently and live with their eligible parent. The child must be outside Australia when the application is lodged and meet the applicable decision-location rule.
Subclass 802 allows a dependent child already in Australia to remain permanently with their eligible parent. The child must be in Australia, but not in immigration clearance, when applying and generally when Home Affairs decides the application.
Benefits after grant
Age and dependency requirements
The child must be under 18; or over 18 but under 25 and studying full time; or over 18 and unable to work because of disability. They must be dependent on the eligible parent and cannot be or ever have been married, engaged or in a de facto relationship.
An applicant aged 18 to 24 must remain a full-time student at application and decision, cannot work full time and must depend financially on the parent more than any other person. Significant gaps between school and further study must be explained.
Disability dependency
An applicant aged 18 or older may qualify where a total or partial loss of bodily or mental functions prevents full-time work. Medical evidence should describe the diagnosis, functional limitations, prognosis and impact on employment capacity.
The applicant must still satisfy all relationship, dependency, single-status, location, sponsorship, health and character requirements.
Eligible parent and sponsor
The child must be the biological child, eligible adopted child or qualifying stepchild of an Australian citizen, Australian permanent visa holder or eligible New Zealand citizen. Stepchild rules are narrow and generally concern a former partner's child under 18 where the stepparent has custody, guardianship or an applicable parenting order.
The sponsor is generally the eligible parent or that parent's spouse or de facto partner. Home Affairs must approve the sponsorship, and strict child-protection measures apply where the applicant is under 18.
How the Child visa process works
Select the correct subclass
Confirm the child's location, current visa status and whether Subclass 101 or 802 is validly available.
Verify relationship and dependency
Establish parentage and the under-18, student or disability eligibility pathway.
Resolve parental responsibility
Obtain consent, custody evidence or court orders permitting permanent migration for a child under 18.
Lodge visa and sponsorship
Submit the prescribed Child visa and sponsorship forms with certified supporting documents and payment.
Complete final checks
Respond to health, character, biometrics and additional-information requests while maintaining eligibility.
Parental consent and best interests
For a child under 18, everyone legally entitled to decide where the child lives must generally provide written consent. Alternatively, an applicable law or court order must permit the child to migrate or remain permanently in Australia.
Home Affairs must be satisfied that visa grant is in the child's best interests. Evidence can include Form 1229, statutory declarations, parenting orders, custody judgments, death certificates and identity documents from each consenting person.
Onshore Subclass 802 considerations
A child in Australia must hold a visa that permits a valid onshore application or meet any applicable exceptions. A no-further-stay condition, previous refusal or cancellation, an application bar, Schedule 3 criteria, immigration clearance or unlawful status can affect validity and eligibility.
Bridging-visa conditions and overseas travel should be checked before departure. Leaving Australia while an onshore application is pending can affect location requirements and the ability to return.
Adoption and citizenship alternatives
An adopted child may use a Child visa only where the adoption meets the specific criteria. If the adoptive parent already held Australian citizenship, permanent residence or eligible New Zealand citizen status at adoption, Subclass 102 or citizenship by adoption may be more appropriate.
A child born overseas to an Australian citizen parent may be eligible for Australian citizenship by descent instead of a visa. This option should be checked before preparing a Child visa application.
Important Child Visa Considerations
- Choose Subclass 101 or 802 according to the child's location.
- Maintain the applicable age and dependency criteria until decision.
- The child cannot be or have been married, engaged or de facto.
- Have an eligible parent and approved sponsor.
- Provide lawful parental consent for applicants under 18.
- Check onshore visa conditions before lodging Subclass 802.
- Consider Adoption visa or citizenship where relevant.
Health, character and family members
The child and included dependants must meet health requirements. Applicants aged 16 or older must meet character requirements. Each sibling seeking their own Child visa needs a separate application, although an eligible dependent child of the primary applicant may be included before decision.
Documents commonly required
Evidence may include passports, photographs, birth or adoption certificates, parent citizenship or visa records, relationship and sponsorship documents, custody orders and consent, full-time study evidence, financial-support records, disability medical reports, current Australian visa records for Subclass 802, police certificates for applicants aged 16 or older and certified translations.
How Echoes Global Education can assist
Our migration team can identify the correct subclass, assess relationship, age and dependency, review onshore visa restrictions, distinguish Child, Adoption and citizenship pathways, prepare consent evidence and assist with the visa and sponsorship applications.