Child Visa Australia (Subclass 101 & 802)
The Child Visa allows eligible children of Australian citizens, Australian permanent residents and eligible New Zealand citizens to live permanently in Australia with their parent.
Australia offers two primary Child Visa pathways:
- Subclass 101 – Child Visa (offshore)
- Subclass 802 – Child Visa (onshore)
Both visas provide permanent residence and are designed to reunite children with their parent or parents in Australia.
- Permanent residence visa pathway
- Available to eligible biological, adopted and stepchildren
- Access to Medicare and education
- No points test
- No English language requirement
- Potential pathway to Australian citizenship
What is a Child Visa?
The Child Visa allows eligible children to migrate permanently to Australia and live with a parent who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
The visa is designed to support family reunification and ensure that children can remain connected with their parents while enjoying the benefits of permanent residence in Australia.
Depending on the child's location at the time of application, either Subclass 101 or Subclass 802 may be the appropriate pathway.
Subclass 101 vs Subclass 802
Both visas provide permanent residence and have similar eligibility requirements. The key difference is where the child is located when the application is lodged and when the visa is granted.
Subclass 101
- Child generally outside Australia
- Application lodged offshore
- Permanent residence visa
- Visa generally granted offshore
Subclass 802
- Child generally in Australia
- Application lodged onshore
- Permanent residence visa
- Visa generally granted in Australia
Who Can Apply?
To qualify for a Child Visa, the applicant must satisfy a number of legislative requirements.
Eligible Child
The applicant must satisfy the legislative definition of a child.
Eligible Parent
The sponsoring parent must satisfy Australian migration requirements.
Relationship Evidence
Evidence of the parent-child relationship is generally required.
Health and Character
Relevant health and character requirements may apply.
Who is an Eligible Child?
A child may qualify if they are the biological child, adopted child or eligible stepchild of the sponsoring parent.
Eligibility may depend on factors such as age, marital status, dependency and family circumstances.
In some circumstances, older dependent children may remain eligible if they satisfy specific migration requirements.
Who Can Sponsor a Child Visa?
The sponsoring parent is generally an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
The parent must usually be able to demonstrate their relationship with the child and satisfy any sponsorship obligations that apply.
Dependency Requirements
For some applicants, dependency can be an important eligibility consideration.
The Department may assess whether the child remains dependent on the sponsoring parent, particularly where the child is over 18 years of age.
Health and Character Requirements
Applicants may need to satisfy Australia's health and character requirements before a visa can be granted.
The exact requirements depend on the child's age and circumstances.
Age and Eligibility Requirements
One of the most important aspects of a Child Visa application is whether the applicant satisfies the definition of a child under Australian migration law.
A child may be eligible if they:
- Are under 18 years of age; or
- Are a full-time student aged between 18 and 25 and financially dependent on the sponsoring parent; or
- Are unable to work due to a disability and remain dependent on the sponsoring parent.
The Department carefully examines evidence relating to age, study status, financial dependency and living arrangements when assessing eligibility.
Evidence Commonly Required
Supporting documentation plays a critical role in Child Visa applications. The exact documents required vary depending on the child's circumstances.
- Birth certificates
- Passports and identity documents
- Evidence of the parent-child relationship
- Court orders relating to custody or guardianship
- Parental consent documentation where applicable
- Education records for dependent students
- Financial dependency evidence
- Medical evidence relating to disability where relevant
Applications involving separated parents, custody arrangements or international family law issues often require additional supporting evidence.
Benefits of a Child Visa
Both Subclass 101 and Subclass 802 provide Australian permanent residence.
Permanent Residence
Live permanently in Australia with your parent.
Medicare Access
Eligible permanent residents may enrol in Medicare.
Education Opportunities
Access Australia's education system and future study opportunities.
Citizenship Pathway
Eligible children may later become Australian citizens.
Important Considerations
Child Visa applications are often straightforward where both parents support the application and the child's circumstances are clear. However, additional complexities can arise where:
- Parents are separated or divorced
- Custody arrangements exist
- One parent does not consent to migration
- The child is over 18 years old
- The child relies on a disability-based dependency claim
- International family law issues are involved
Careful preparation is often essential to ensure that parental responsibility and migration requirements are properly addressed.
Frequently Asked Questions
What is the difference between Subclass 101 and Subclass 802?
The main difference is where the child is located when the application is lodged and when the visa is granted. Subclass 101 is generally for children outside Australia, while Subclass 802 is generally for children in Australia.
Can a child over 18 apply for a Child Visa?
Yes. In some circumstances, children between 18 and 25 may qualify if they are full-time students and financially dependent on their sponsoring parent.
Can a stepchild qualify for a Child Visa?
Some stepchildren may qualify depending on the family relationship and migration requirements applicable to their circumstances.
Do both parents need to consent?
Applications involving children often require careful consideration of parental responsibility, custody arrangements and consent requirements.
Can adopted children qualify?
Yes. Depending on the circumstances, adopted children may qualify under the Child Visa provisions or through other child migration pathways.
Does a Child Visa provide permanent residence?
Yes. Both Subclass 101 and Subclass 802 are permanent residence visas.
Can the child become an Australian citizen?
Eligible permanent residents may later become Australian citizens if they satisfy the applicable citizenship requirements.
What is the most common reason for delays?
Requests for additional evidence relating to custody, parental responsibility, consent, dependency or family relationships are common causes of delays.
Reviewed by Principal Migration Consultant
This page has been reviewed by Mohammad Reza Azimi, Principal Migration Consultant at Shada Migration. Mohammad has assisted clients with Australian migration matters since 2009 and holds a Graduate Certificate in Migration Law from the Australian National University (ANU).
Need Advice on a Child Visa?
Child Visa applications can involve dependency requirements, parental responsibility issues, custody arrangements and complex family circumstances. Professional advice may help clarify eligibility and documentation requirements before lodging an application.
