Child Visas
Overview
If you are planning to bring a child to live permanently in Australia, it’s essential to understand the various visa options available and their specific requirements. Below, you will find detailed information about each child visa subclass, eligibility criteria, and application scenarios.
When Does a Child Need an Australian Visa?
A child will need an Australian visa if they are:
- Not the holder of a permanent visa, and
- Intending to travel to, enter, or remain in Australia indefinitely.
Child Visa Options
A child may be eligible for a child visa if they are:
- Under 18 years of age, and
- Single (not married, engaged to be married, or in a de facto relationship).
In certain circumstances, a person over 18 years of age might be considered as a child. These circumstances are described in the child visa options below.
Child (Permanent) (Subclass 802)
Scenario 1: A child’s parent or their parent’s partner sponsors them to live in Australia as a permanent resident.
Visa Option: Child (Permanent) (Subclass 802)
To apply for a Child (Permanent) (Subclass 802) visa, a child must be:
- Inside Australia when applying for the visa
- Sponsored by their parent or their parent’s partner.
If a child is 18 years or older, they must be single and either:
- A full-time student between 18 and 25 years of age and financially dependent on the sponsoring parent, or
- Unable to work due to disability.
A child may also be able to apply for this visa if they were adopted after their parent became an Australian citizen, permanent visa holder, or eligible New Zealand citizen. Additional requirements must be met for adopted children.
Orphan Relative (Permanent) (Subclass 837)
Scenario 2: A relative sponsors an orphaned child to live in Australia as a permanent resident.
Visa Option: Orphan Relative (Permanent) (Subclass 837)
To apply for an Orphan Relative (Permanent) (Subclass 837) visa, a child must be:
- Inside Australia when applying for the visa
- Sponsored by a relative (brother, sister, grandparent, aunt, uncle, niece, nephew, or step-equivalent) who is an Australian citizen, permanent resident, or eligible New Zealand citizen
- Unable to be cared for by their parents because they are both either missing, deceased, or permanently incapacitated
- Under 18 years of age when applying for the visa.
Child (Permanent) (Subclass 101)
Scenario 3: A child’s parent or their parent’s partner sponsors them to live in Australia as a permanent resident.
Visa Option: Child (Permanent) (Subclass 101)
To apply for a Child (Permanent) (Subclass 101) visa, the child must be:
- Outside Australia when applying for the visa
- Sponsored by their parent or their parent’s partner.
If a child is 18 years or older, they must be single and either:
- A full-time student between 18 and 25 years of age and financially dependent on the sponsoring parent, or
- Unable to work due to disability.
Orphan Relative (Permanent) (Subclass 117)
Scenario 4: A relative sponsors an orphaned child to live in Australia as a permanent resident.
Visa Option: Orphan Relative (Permanent) (Subclass 117)
To apply for an Orphan Relative (Permanent) (Subclass 117) visa, the child must be:
- Outside Australia when applying for the visa
- The relative of a person who is an Australian citizen, permanent resident, or eligible New Zealand citizen
- Sponsored by a relative (brother, sister, grandparent, aunt, uncle, niece, nephew, or step-equivalent) who is an Australian citizen, permanent resident, or eligible New Zealand citizen
- Unable to be cared for by their parents because they are both either missing, deceased, or permanently incapacitated
- Under 18 years of age when applying for the visa.
Adoption Visa (Permanent) (Subclass 102)
Scenario 5: A person who is an Australian citizen, permanent visa holder, or eligible New Zealand citizen sponsors a child they have adopted overseas to live in Australia as a permanent resident. A child in the process of adoption might also be able to apply for this visa.
Visa Option: Adoption Visa (Permanent) (Subclass 102)
To apply for the Adoption Visa (Permanent) (Subclass 102), the child must be:
- Outside Australia when applying for the visa
- Adopted with the involvement of an Australian state or territory adoption authority (under the Hague Adoption Convention, a bilateral adoption agreement, or another adoption agreement)
- Sponsored by their adoptive parent or their adoptive parent’s partner
- Under 18 years of age when the application is lodged and when it is decided.
Dependent Child Visa (Subclass 445)
Scenario 6: A child’s parent holds a temporary partner visa, and the child was not included in the temporary partner visa application.
Visa Option: Dependent Child Visa (Subclass 445)
To apply for a Dependent Child Visa (Subclass 445), a child must be:
- Either inside or outside Australia when applying for the visa
- A dependent child of a parent who holds a Partner Provisional visa (Subclass 309), Interdependency visa (Subclass 310), Dependent Child visa (Subclass 445), Partner visa (Subclass 820), or Interdependency visa (Subclass 826)
- Sponsored by the same person sponsoring their parent (with limited exceptions).
If a child is 18 years or older, they must be:
- Financially dependent on the parent holding the temporary partner visa, or
- Unable to work due to disability.
Important Note:
A child must apply for this visa if they were not included in their parent’s application for a temporary partner visa (which has been granted) and want to apply for the same permanent partner visa as their parent.
After being granted this visa, the child must immediately apply for the same permanent partner visa as their parent. The child must apply before a decision is made on their parent’s permanent partner visa application. If the child does not do this, and the child is in Australia when a decision is made on their parent’s permanent partner visa application, the child could become unlawful and might have no other permanent visa options available to them.
Who Can Be a Sponsor?
A sponsor must be:
- Older than 18 years of age.
And one of the following:
- An Australian citizen, or
- An Australian permanent resident or the holder of a permanent visa, or
- An eligible New Zealand citizen.
If you need assistance with child visas, we are here to help. Contact us to discuss your specific circumstances and explore the best visa options for bringing a child to live permanently in Australia.
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