Can a Child Apply for a Visa While in Australia on a Visitor Visa?
Navigating the visa applications for children can be challenging, especially if they are already in Australia. Many parents contemplate whether their child, currently in Australia on a Visitor Visa (subclass 600), can apply for another type of visa while staying in the country. The answer is nuanced and depends on several factors, including visa conditions, eligibility criteria, and desired visa types.
If the child holds an SC600, it allows the individual to visit Australia for tourism or family visits. It is typically issued with specific conditions that limit both the stay duration and activities allowed in Australia.
What Are the Key Considerations for Applying for Another Visa?
Check for visa conditions, such as “No Further Stay” condition 8503, which restricts the holder from applying for most other visas while in Australia. This condition makes transitioning to a different visa difficult unless a waiver is granted. If condition 8503 applies to the child’s current visa, then the applicant must seek waiver from the Department of Home Affairs (DoHA) before applying for another type of visa.
If the child doesn’t have a condition 8503 or the condition has been waived. Then the child may be eligible for a few visas:
Be added as a subsequent entrant or a secondary applicant of the parent’s visa, if they meet the Member of Family Unit (MoFU) criteria
Ensure to meet the visa requirements before applying, especially for health and character requirements. If the parent chooses to add your child as a secondary applicant onto your visa application, make sure to meet the health criteria to avoid the “one fails, all fail” criteria.
Given the complexities of visa conditions, it may be beneficial to consult with an Accredited Specialist in Immigration Law to navigate the visa process.
Related:
Can Children Over 18 Years Old Still Be Dependant On Your Visa?
Can I Add My Children And Spouse To My Skills In Demand (SID) (SC482) Visa?
How Can Agape Henry Crux Help
When a child is on a SC600, it is possible to apply for another visa in Australia. Plan ahead and speak with one of our immigration lawyers at Agape Henry Crux for a professional strategy and advice session. Our team works with 2 of our Accredited Specialists in Immigration Law who specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
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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