Child visa
(subclass 802) (onshore)
The Subclass 802 Child visa allows a child to reside in Australia permanently and be with their parents.
The Subclass 802 Child visa enables individuals to:
- Migrate to Australia as a permanent resident.
- Study and access Medicare benefits.
- Apply for Australian citizenship if they meet the eligibility criteria.
- Be a dependent child of a parent who is an Australian citizen, eligible New Zealand citizen, or holds an Australian permanent visa.
- Be under 18 years old, a full-time student aged over 18 and under 25, or over 18 and unable to work due to a disability.
- Be single and dependent on the parent.
- Be in Australia when the application is made and when the decision is made by the authorities.
With this visa the child can
The Subclass 802 Child visa allows the holder to:
- Stay in Australia indefinitely.
- Work and study in Australia.
- Enrol in Australia’s public healthcare scheme, Medicare.
- Sponsor eligible relatives to come to Australia.
- Apply for Australian citizenship if they meet the eligibility criteria.
Travel to and from Australia for 5 years
The Subclass 802 Child visa allows the child to travel to and from Australia as many times as they want for 5 years from the date of visa grant. During this period, they can enter and leave Australia freely as long as the travel facility on the visa remains valid.
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. Additionally, they may consider applying for Australian citizenship. As an Australian citizen, they won’t require a visa to re-enter Australia.
How long the child can stay
This is a permanent visa. It lets the child stay in Australia indefinitely.
The child becomes a permanent resident the day we grant the visa.
Include other children
If the child has siblings who also wish to apply for the Subclass 802 Child visa, separate applications should be submitted for each sibling.
Additionally, the child can include their dependent children on their application when they apply or at any time before the application is decided. However, it’s important to ensure that dependent children included in the application meet the health requirement.
Furthermore, family members who are not intending to come to Australia with the child might also need to meet the health requirement, depending on the circumstances.
Cost
The Subclass 802 Child visa costs AUD3,055.00 for the main applicant. Additionally, there is a charge for each dependent child who applies for the visa alongside the main applicant.
It’s important to note that there might be additional costs associated with health examinations, police certificates, and biometrics.
To determine the total cost of your visa application, you can use the Visa Pricing Estimator. However, please be aware that this estimator may not include all potential costs.
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.
Processing times
For an estimation of processing times for the Subclass 802 Child visa, you should refer to the visa processing time guide tool provided by the Department of Home Affairs. This tool displays processing times based on recently decided applications and serves as a general guide, although it may not be specific to your individual application. It’s important to ensure that your application is completed accurately and includes all required documents to avoid delays in processing. Additionally, payment of the correct visa application charge is essential for the application to be processed. If there are any issues with payment, you will be notified, and if necessary, the application may be returned to you.
The child's obligations
Visa label
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.