Child visa 101/802

The child visa allows a child to stay in Australia permanently and live with their parents.

Child Visa Eligibility

Briefly, the child visa is for a person seeking a permanent visa on the basis of being the dependent child (child or, step-child) of an Australian citizen, the holder of a permanent visa or an eligible New Zealand citizen.

Child visa Subclass 101 & Subclass 802

Visa 101 is an overseas visa, lets a child outside Australia move to Australia to live with their parents permanently.

Visa 802 is an onshore visa, allows a child to stay in Australia permanently and live with their parents.

The child-parent relationship

There is a broader range of parent-child relationships than previously, including children conceived through artificial conception procedures such as in-vitro fertilization and children born under certain surrogacy agreements.

It is therefore no longer appropriate to refer to “natural” children, because,  children may have no biological links to their legal parents, but still can apply for the child visa.

Child Visa Requirements

If one parent has a biological link to the child and can show evidence of this (either through DNA testing or possibly advice from the specialist doctor involved) that parent may sponsor the child for a 101/802 visa.

Step-children

A step-child can be granted a permanent visa unless their parent is already an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.

A dependent child in this circumstance should be included in their parent’s Partner visa application.

The child Visa

  • be a dependent child of a parent who is an Australian citizen, eligible New Zealand citizen or holder of an Australian permanent visa
  • be under 18 years,
  • a full-time student aged over 18 and under 25,
  • over 18 and unable to work due to a disability
  • be single and dependent on the parent

With this visa the child can

  • stay in Australia indefinitely
  • work and study in Australia
  • enroll Australia’s public healthcare scheme, Medicare
  • sponsor relatives to come to Australia
  • apply for Australian citizenship, if eligible

Adopted children

A child adopted before they turned 18 by a parent who was already an Australian citizen, permanent visa holder or eligible New Zealand citizen at the time of adoption might be eligible for an Adoption visa (subclass 102).

If an adult applicant turns 25 before the child visa decision

The applicant was over 18,

the applicant must continue to satisfy the dependent child criteria.

  • Must not be engaged
  • Must never have had a partner
  • Must not be working full-time
  • Must be a full-time student

The applicant was under 25 years old at the time of application, they are to be assessed at the time of decision as if still under the age of 25.

Form 40CH & Discretionary AoS

Form 40CH (Sponsorship for a child to migrate to Australia) is the approved sponsorship form for this visa.

Assurance of support may need it if the applicant is likely to need any of the social security allowances recoverable under the AoS (Assurance of Support) Scheme for the adult depended child.

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