Child visa
(subclass 101) (offshore)
The Child Visa (Subclass 101) allows a child who is outside Australia to move to the country and reside with their parents who are permanent residents or citizens of Australia.
The Child Visa (Subclass 101) allows the following:
- Migrate to Australia as a permanent resident.
- Study and access Medicare.
- Apply for Australian citizenship if eligible.
- 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 old, a full-time student aged over 18 and under 25, and financially dependent on the parent, or over 18 and unable to work due to a disability.
- Be single and dependent on the parent.
- Apply while outside Australia.
With this visa the child can
Once granted, the Child Visa (Subclass 101) allows the child to:
- Stay in Australia indefinitely.
- Work and study in Australia.
- Enroll in Australia’s public healthcare scheme, Medicare.
- Sponsor relatives to come to Australia.
- Apply for Australian citizenship if eligible.
Travel to and from Australia for 5 years
The Child Visa (Subclass 101) provides the child with a travel facility that allows them to travel to and from Australia as many times as they wish for a period of 5 years from the date of visa grant. However, if the child wishes to travel after the initial 5-year period, they will need to apply for and be granted a Resident Return (RRV) visa to re-enter Australia as a permanent resident.
Alternatively, the child may also consider applying for Australian citizenship. If they become an Australian citizen, they will not require a visa to re-enter Australia. More information about eligibility requirements and processing times for Australian citizenship can be found on the relevant government website.
To determine when the child’s travel facility ends, you can use the Visa Entitlement Verification Online (VEVO) service.
Adopted children
To be eligible for the Child Visa (Subclass 101), an adopted child must have been adopted before they turned 18 by a parent who was not an Australian citizen, permanent resident, or eligible New Zealand citizen at the time of adoption.
However, if the adoption occurred before the child turned 18 by a parent who was already an Australian citizen, permanent visa holder, or eligible New Zealand citizen at the time of adoption, the child might be eligible for an Adoption Visa (Subclass 102).
How long the child can stay
This is a permanent visa. It lets the child stay in Australia indefinitely.
Include other children
If the child has siblings who also wish to apply for the visa, separate applications must be submitted for each sibling.
Dependent children of the child can be included on the child’s application at the time of applying or at any time before the decision is made.
It’s important that dependent children of the child who are included in the visa application must meet the health requirement set by the Australian authorities.
Additionally, family members who are not intending to come to Australia may also need to meet the health requirement, depending on the circumstances.
Apply from
To be eligible for the Subclass 802 Child visa, the child must be physically present in Australia when the application is submitted and when the Department of Home Affairs makes a decision. However, it’s important to note that the child cannot apply for this visa if they are in Australia on another visa that includes a “no further stay” condition.
Cost
The visa fee for the main applicant is AUD3,055.00. Additionally, there is a charge for each dependent child included in the application.
Furthermore, there could be additional costs associated with health examinations, obtaining police certificates, and providing biometrics.
To get a more accurate estimate of the total visa cost, it’s recommended to use the Visa Pricing Estimator tool. However, please note that this tool may not include all potential costs, so it’s essential to consider other expenses as well.
Apply from
Processing times
For an estimate of processing times for this visa, applicants can utilize the visa processing time guide tool. This tool provides information on recently decided applications and serves as a general guide, although it may not be specific to individual cases.
It’s important to ensure that the visa application is filled out correctly and includes all necessary documents. Incomplete applications or missing information may result in delays in processing. Additionally, if the correct visa application charge is not paid, the application cannot be processed, and applicants will be notified accordingly, possibly resulting in the return of the application. Therefore, it’s essential to fulfill all requirements and pay the appropriate fees to avoid delays.
The child's obligations
The child is required to enter Australia before the date specified in their grant letter, typically set at 12 months from the date of visa grant. It is important for the child and their accompanying family members to comply with all visa conditions and adhere to Australian laws during their stay.
Applicants should review the specific conditions attached to this visa type, which can be found on the visa conditions page provided by the Australian Department of Home Affairs. Adhering to these conditions is essential to ensure compliance and a smooth immigration process.
Visa label
We will digitally link the child’s visa to their passport. They will not get a label in their passport.
Eligibility
Be dependent on their parent who is an Australian citizen, eligible New Zealand citizen or Australian permanent visa holder
Yes, for the Subclass 802 Child visa, the child must be dependent on a parent who is either an Australian citizen, eligible New Zealand citizen, or Australian permanent visa holder. The child can be the biological child, adopted child, or stepchild (only from a former parent) of the sponsoring parent. However, it’s important to note that if the stepparent is currently married to or in a de facto relationship with the child’s biological or adopted parent, the child does not meet the dependency requirement for this visa.
Adopted children
For the child to be eligible for the visa, the adoption must have been finalized before the child turned 18. The adoption could have occurred before or after the parent became an Australian citizen, Australian permanent visa holder, or eligible New Zealand citizen.
If the child was adopted after their parent became an Australian citizen, Australian permanent visa holder, or eligible New Zealand citizen, the adoption must meet one of the following criteria:
- Through an intercountry adoption with the involvement of an Australian state or territory central authority.
- Through an intercountry adoption by arrangement between two countries (other than Australia) that are parties to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (the Hague Adoption Convention).
- If no Australian state or territory central authority was involved, through an expatriate adoption by an Australian citizen, an eligible New Zealand citizen, or the holder of an Australian permanent visa who has been living outside Australia for more than 12 months before the adoption was finalized.
It’s highly recommended to seek independent legal advice both in Australia and in the child’s country of usual residence before proceeding with an expatriate adoption, as there are risks involved for both the child and the adoptive parents in this process.
Stepchildren
For a stepchild to be eligible for this visa, they must meet the following criteria:
- Be the child of their step-parent’s former partner.
- Be under the age of 18.
Additionally, the step-parent must have either:
- An Australian parenting order in force that stipulates the child is to live with them and be cared for by them.
- Guardianship or custody of the child under an Australian law or the law of another country.
Citizenship by Descent
If the child was born outside of Australia and one of their parents was an Australian citizen at the time of their birth, they may apply for Australian citizenship by descent instead of applying for a visa to travel to Australia.
Have a sponsor
The child must be sponsored by an eligible parent or their parent’s spouse or de facto partner. The sponsorship must be approved by the authorities, and they may not approve sponsorship if the sponsor or their partner has been charged or convicted of offences involving children.
Be this age
The child must meet one of the following criteria:
- Be under 18 years old.
- Be over 18 years old but under 25 years old and studying full time.
- Be over 18 years old with a disability.
If the child is over 18 and under 25 years and studying full time
If the child is over 18 and under 25 years old:
- They must be enrolled as a full-time student both at the time of application and when the visa application is decided.
- hey are not permitted to work full time.
- They must demonstrate financial dependence on their parent more than on any other person.
A child is considered a full-time student if they are:
- Enrolled in a full-time course leading to a professional, trade, or vocational qualification.
- Actively attending classes.
Additionally, the child should have commenced their studies either upon reaching 18 years of age or within 6 months (or within a reasonable time) of completing their secondary education. Any gaps longer than 6 months between their final year of school and the commencement of further studies must be accounted for.
If the child is over 18 years with a disability
If the child is 18 years or older and has a disability:
- They must have either totally or partially lost their bodily or mental functions.
- They are not permitted to work full time.
- They must demonstrate financial dependence on their parent.
Have no partner
The child must meet the following relationship status requirements:
- Cannot be married or in a de facto relationship.
- Cannot be engaged to be married.
- If the child is over 18, they must not have previously been married or had a de facto partner.
Meet the health requirement
The child and any dependent children included in their visa application must satisfy the health requirement set by the Australian government. Additionally, dependent children who are not applying for the visa may also be required to meet the health requirement.
Meet the character requirement
If the child is 16 years of age or older, they must meet the character requirement set by the Australian government. Additionally, their dependent children who apply for the visa with them may also be asked to meet this requirement.
Have paid back debt to the Australian Government
If the child or any member of their family owes the Australian Government money, it must be paid back or there must be a formal arrangement to pay it back.
Sign the Australian values statement
Children aged 18 or older must fulfill the following requirements:
- Have read, or had explained to them, the Life in Australia booklet.
- Sign the Australian Values Statement, confirming their commitment to obey Australian laws and respect the Australian way of life.
Not have had a visa cancelled or a previous application refused
The child’s immigration history will be taken into account when processing the application. If the child has previously had a visa cancelled or refused, they may not be eligible for this visa. However, in certain situations, they may still be able to apply for a permanent visa despite previous visa issues. For more information, refer to the document “Limitations on applications in Australia” (129KB PDF). If applying for a visa from outside Australia, refer to the guidelines provided in “Can I go to Australia.” If assistance with the visa application is required, refer to the information provided in “Who can help with your visa application.”
Have consent to migrate to Australia
This visa will only be granted to a child under the age of 18 if one of the following conditions is met:
- The child has obtained written consent from all individuals who have legal authority to decide their place of residence.
- The laws of the child’s home country permit them to leave the country.
- The child’s departure from their home country aligns with any relevant Australian child order pertaining to the child’s custody or guardianship.
Best interests of the child
We might not grant this visa if it is not in the best interests of an applicant under 18.
Conditions
8502 - Not arrive before person specified in visa
You must not enter Australia before the person specified in the visa has entered Australia. This is usually the main visa holder or other relevant person such as your sponsor in the case of a Partner visa.
8502 - Not arrive before person specified in visa
It is imperative that you refrain from marrying or entering into a de facto relationship before entering Australia. Failure to comply with this requirement may result in visa cancellation if it is discovered that you were engaged, married, or in a de facto relationship before the visa was granted, and this information was not disclosed to the authorities.
If your contact details change during the application process, it is essential to update them promptly. Failure to provide accurate and up-to-date information may lead to delays or complications in the processing of your visa application.
Please ensure that you fully understand and adhere to these requirements to avoid any issues with your visa application or status.