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Child visa

(subclass 802) (onshore)

The Subclass 802 Child Visa allows children of Australian citizens, eligible New Zealand citizens, or Australian permanent residents to stay with their parents in Australia. This permanent visa lets the child live, work, and study in Australia indefinitely. You can only apply for this visa through a paper application whilst in Australia.

Child Visa (subclass 802) (onshore)

Eligibility Requirements

Before applying for the Subclass 802 Child Visa, ensure the child meets the following criteria:

  1. Dependence on a Parent:
    • The child must be financially dependent on an eligible parent: an Australian citizen, eligible New Zealand citizen, or Australian permanent resident.
    • The child can be biological, adopted, or a stepchild (from a former relationship).
  2. Age Requirements:
    • The child must be under 18.
    • Children over 18 but under 25 may apply if they are full-time students and financially dependent on their parent.
    • Children 18 or older with a disability may also qualify.
  3. Consent:
    • Children under 18 must have written consent from anyone legally allowed to decide where they live.
  4. Be Onshore: The child must be inside Australia when the application is submitted.

Application Process

Prepare for the Application

  • Ensure the child’s passport is valid.

Gather Supporting Documents

  • Provide a certified copy of the child’s passport and any name change or adoption documents.
  • Submit four recent passport-sized photos of the child.
  • Include a birth or adoption certificate to prove the relationship to the parent.
  • For children over 18, provide evidence of financial dependence, such as bank statements or money transfers.
  • If the child is under 18, submit Form 1229 or a statutory declaration for consent.
  • For children over 16, provide police certificates from countries lived in for more than 12 months in the last 10 years.

Submit the Application

  • Complete Form 47CH and Form 40CH.
  • Post the completed forms to:
    Department of Home Affairs, Child and Other Family Processing Centre, Locked Bag 7, NORTHBRIDGE WA 6865.
  • Pay the application fee and include proof of payment.

Benefits of the visa

The Child Visa (Subclass 802) allows a child who is inside Australia to stay in Australia and reside with their parents who are permanent residents or citizens of Australia.

  • Stay in Australia indefinitely.
  • Work and study in Australia.
  • Enrol in Australia’s public healthcare scheme, Medicare.
  • Apply for Australian citizenship if eligible.

See related: Child visa (subclass 101)

Travel to and from Australia for 5 years

The Child Visa (Subclass 802) 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.

Adopted children

To be eligible for the Child Visa (Subclass 802) as an adopted child, then they 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).

Visa cost

The visa fee for the main applicant is AUD $3,140. 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.

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.

Eligibility
Be dependent on their parent who is an Australian citizen, eligible New Zealand citizen or Australian permanent visa holder

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.

For the child to be eligible as an adoption, it 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.

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.

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.

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.

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 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 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.

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.

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.

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.

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.

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.

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.

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.

This visa will not be granted if it is not in the best interests of an applicant under 18.   

Government fee

From AUD $3,140

Stay

Permanently (5 Year PR Visa)

Processing Time

90% of applications

processed in 24 Months

Our Legal fee

From AUD $2,200

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