Is My Child Eligible for a Child Visa (Subclass 101/802) in Australia?
Bringing your child to Australia is a huge step for any parent, and navigating the visa process can be complex. If you are exploring options for reuniting with your child, the Child Visa may be feasible if the visa eligibilities are met.
The Offshore Child Visa (Subclass 101) and Onshore Child Visa (Subclass 802) allow children to stay, study, and access healthcare in Australia with their parents. This visa is permanent, so once granted, the child will have permanent residency (PR) status, allowing the child to live in Australia indefinitely.
What are the Eligibility Criteria for a Child Visa (Subclass 101/802)?
For a child to be eligible for a Child Visa, several criteria need to be met:
The child must be under 18 years old.
If the child is between 18 and 25 years old, they must be a full-time student and financially dependent on the parent.
A child is over 25 years old can still be eligible, if they must have a totally or partially physical or mental disability and are unable to work full time.
The child must be a biological, adopted or stepchild (only from a former partner) of an Australian citizen, permanent resident (PR), or eligible New Zealand citizen.
Adopted children must meet additional requirements, and the adoption must be recognised under Australian law.
The child must be financially dependent on the sponsoring parent.
The child must be single. They cannot be married, engaged or in a relationship.
The sponsoring parent must sponsor the child and either live in Australia or be able to prove that they are an Australian citizen, PR, or eligible New Zealand citizen.
The child must also meet the health and character requirements.
Lastly, if custody is shared or if the non-sponsoring parent is not part of the child’s visa application, consent from the other parent may be necessary unless the sponsor has sole custody.
Related:
What are the Child Visa Options in Australia? | Family Migration Program
Can Children Over 18 Years Old Still Be Dependant On Your Visa?
What does it mean by “Member of Family Unit”? Can I add my family in my Australian Visa Application
How Can Agape Henry Crux Help You?
There may be other possible pathways for families looking to bring their children from overseas. At Agape Henry Crux, reach out to one of our immigration lawyers for professional advice. Our team of immigration lawyers works closely with two of our Accredited Specialists in Immigration Law to handle highly complex matters. You can book a Migration Planning Session with our team by calling 02-8310-5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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