Australian family migration pathway
Child Visa Australia (Subclass 101 & 802)
Child Visas allow eligible children of Australian citizens, Australian permanent residents and eligible New Zealand citizens to live permanently in Australia with their parent.
The two main pathways covered on this page are Subclass 101 for an offshore child application and Subclass 802 for an onshore child application.
- Permanent residenceBoth Subclass 101 and Subclass 802 are permanent Child Visa pathways.
- Two pathwaysSubclass 101 is the offshore pathway and Subclass 802 is the onshore pathway.
- Parent sponsorshipThe sponsoring parent must meet the applicable Australian citizenship, permanent residence or eligible New Zealand citizen requirements.
- Child-focused assessmentAge, dependency, relationship, custody, health and sponsorship evidence can all be important.
Stage 1
Subclass 101 vs Subclass 802
Both visas are permanent Child Visas. The practical starting point is whether the child is applying through the offshore or onshore Child Visa class.
Subclass 101 — Child Visa
Subclass 101 is the Child Visa pathway for an eligible child applying from outside Australia to migrate permanently and live with their parent in Australia.
- Permanent residence pathway
- Child applies through the offshore Child visa class
- Eligible parent sponsorship required
- Age, relationship and dependency rules apply
- Parental responsibility must be addressed for applicants under 18
Subclass 802 — Child Visa
Subclass 802 is the Child Visa pathway for an eligible child applying in Australia for permanent residence with their parent.
- Permanent residence pathway
- Child applies through the onshore Child visa class
- Eligible parent sponsorship required
- Age, relationship and dependency rules apply
- Current visa history can affect application validity in some cases
Same Family Objective
Both pathways are designed to allow an eligible dependent child to live permanently in Australia with an eligible parent.
Location Changes the Visa Class
The correct pathway depends on whether the child is applying from outside Australia or applying in Australia.
Check Before Lodging
For an onshore child, previous visa refusal or cancellation and current substantive visa status can create additional validity requirements.
Stage 2
Age, Dependency and Relationship Status
The Child Visa definition is more specific than simply being the son or daughter of an Australian parent. Age and dependency become particularly important from age 18.
Under 18
A child under 18 may satisfy the age component where the relevant parent-child relationship and the other visa requirements are established.
18 to Under 25
An applicant aged 18 or older generally needs to be under 25, a full-time student and financially dependent on the Australian parent, unless the disability-based exception applies.
Incapacity for Work
The usual under-25 and full-time-study requirements do not apply in the same way where the child has a disability that stops them from working, but medical and dependency evidence is required.
Financial Dependency Evidence
For an adult dependent child, evidence can include bank statements, money transfers, rent support and records showing how long the parent has met the child's basic needs.
Full-Time Study Evidence
Home Affairs may require evidence of enrolment and active participation in a post-secondary course. A significant gap between secondary school and further study may also need explanation.
Not Married or Partnered
The Child Visa criteria require the child not to be engaged to be married, married or in a de facto relationship.
Stage 3
Parent and Sponsorship Requirements
The visa application and sponsorship operate together. The sponsor must satisfy the applicable status requirements and undertake to support the child after migration or permanent residence.
Eligible Sponsor Status
The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen aged 18 or over, subject to the applicable Child Visa requirements.
Relationship to the Child
Birth certificates, adoption records, court orders and other documents may be needed to establish the legal parent-child relationship relied upon in the application.
Two-Year Support Undertaking
Form 40CH includes an undertaking to provide settlement support, accommodation and financial assistance as reasonably required during the relevant first two-year period.
Biological Child
Parentage should be supported by appropriate civil documents and should be consistent across the child's and sponsor's records.
Adopted Child
Adoption timing and circumstances can affect whether the Child Visa provisions or a separate Adoption Visa pathway is appropriate. These cases should be checked carefully before lodgement.
Stepchild
Stepchild eligibility is narrower. Current Form 47CH identifies specific requirements concerning age, the former parental relationship and parental responsibility.
Stage 4
Custody and Parental Responsibility for a Child Under 18
Where another parent or another person has the legal right to determine where the child lives, the migration application must properly address that person's rights.
Form 1229 or Declaration
Where consent is relied upon, Home Affairs identifies Form 1229 or an appropriate statutory declaration from the person with parental responsibility as evidence of permission for the child to migrate.
Court Orders
A valid court order permitting the sponsoring parent to permanently remove the child from the child's home country may satisfy the parental responsibility requirement in appropriate circumstances.
Sole Parental Responsibility
Where the sponsoring parent has the sole legal right to decide where the child lives, evidence of that legal right should be provided rather than leaving the issue unexplained.
Identity With Consent
Form 40CH states that consent documentation should be accompanied by certified identification containing the consenting person's signature.
Sponsor Police Checks
For applicants under 18, child-protection rules can require police checks for the sponsor and, where applicable, the sponsor's partner.
Do Not Treat Consent as a Formality
Separated-parent and international custody cases can involve migration law and family-law issues at the same time. The legal basis for the child's permanent move should be clear before lodgement.
Stage 5
Prepare and Lodge the Child Visa Application
The current Home Affairs child-migration process uses the Child Visa application form together with the sponsorship form. The application should be prepared as one coordinated evidence package.
Complete Form 47CH
Form 47CH is the application for migration or permanent residence by a child. It includes the child's identity, family, visa, education, employment and dependency information where relevant.
Complete Form 40CH
The sponsor completes Form 40CH. Home Affairs instructs that Form 47CH and Form 40CH should be lodged together with the relevant supporting documents.
Lodge Through the Current Paper Process
The current Form 47CH instructions require the application to be posted or sent by courier to the Child and Other Family Processing Centre. It cannot be lodged in person.
Residential Address
The application must provide the address where the applicant intends to live while the application is being dealt with. A post office box is not accepted as the residential address.
Visa Application Charge
Check the current Home Affairs visa pricing immediately before payment. Charges can change and the full applicable amount is required for a valid application.
Keep the Lodgement Record
Retain complete copies of the forms, evidence, payment confirmation and postal or courier delivery records.
Stage 6
Evidence Commonly Required
The exact documents depend on the child's circumstances, but the evidence should make the family relationship and each eligibility requirement easy to follow.
Identity Documents
Passports, birth certificates and other identity records for the child and relevant family members.
Parent-Child Relationship
Birth, adoption, parentage, name-change or court records that establish the legal relationship relied upon.
Parental Responsibility
Form 1229, statutory declarations, court orders, death certificates or other evidence where another person's legal rights over the child's residence are relevant.
Adult Student Evidence
For an applicant aged 18 or older relying on full-time study, provide current enrolment and active-participation evidence and address any significant study gaps.
Financial Dependency
Bank statements, transfers, accommodation support and other records can demonstrate the nature, amount and duration of the parent's financial support.
Disability Evidence
Where incapacity for work is relied upon, current Form 47CH asks for medical evidence from a qualified practitioner explaining the relevant loss of function and inability to work.
Health Requirements
Permanent visa applicants are assessed against Australia's health requirement, and additional examinations can be requested where necessary.
Certified Copies
Where the current form instructions require certified copies, use an appropriately authorised certifier and retain the originals unless Home Affairs asks for them.
English Translations
Documents not in English need an English translation meeting the applicable Home Affairs requirements.
Stage 7
What Does a Child Visa Provide?
Subclass 101 and Subclass 802 are permanent visas. Once granted, they provide the child with Australian permanent resident status subject to the normal rights and conditions applying to permanent residents.
Live Permanently in Australia
The child can live in Australia permanently with their family.
Study in Australia
Permanent residence provides access to Australia's education system subject to the rules applying to the relevant school, institution and jurisdiction.
Medicare
Eligible permanent residents can enrol in Medicare in accordance with Medicare eligibility rules.
Work Rights
Where age and other laws permit, permanent residents generally have unrestricted work rights in Australia.
Travel Facility
Permanent visas include a travel facility for the period specified with the visa. Future overseas travel after that period may require a Resident Return Visa or citizenship.
Potential Citizenship Pathway
Eligible permanent residents may later apply for Australian citizenship if they satisfy the citizenship requirements applying at that time.
Stage 8
Common Complexity and Application Risks
Child Visa applications can look simple because the family relationship is obvious to the family. The Department still needs evidence addressing the legal visa criteria.
Separated or Divorced Parents
Consent and parental responsibility should be resolved clearly and documented before lodgement.
Child Is 18 or Older
Study status and financial dependency need evidence. Age alone does not establish ongoing Child Visa eligibility.
Onshore Visa History
For some onshore applicants, a previous visa refusal or cancellation and the absence of a substantive visa can affect whether a valid application can be made.
Stepchild Cases
The migration definition is narrower than everyday use of the word stepchild. Check the legal relationship and parental responsibility requirements.
Adoption History
The timing and legal nature of an adoption can affect the correct visa pathway. Do not assume every adopted-child case belongs under Subclass 101 or 802.
Incomplete Evidence
Missing relationship, dependency, custody, translation or sponsorship evidence can lead to further-information requests and processing delays.
Stage 9
Frequently Asked Questions
Select a question to expand the answer.
What is the main difference between Subclass 101 and Subclass 802?
Subclass 101 is the offshore Child Visa pathway, while Subclass 802 is the onshore Child Visa pathway. Both are permanent visas, but the correct visa class depends on the child's circumstances and location.
Can a child aged 18 or older qualify?
Potentially. Current Form 47CH states that a child aged 18 or older generally must also be under 25, a full-time student and financially dependent on the Australian parent unless the child has a disability that stops them from working.
Can a married child qualify?
Current Form 47CH states that a child must not be engaged to be married, married or in a de facto relationship.
Do both parents have to agree to the child migrating?
If another parent or person has the legal right to decide where the child lives, parental responsibility must be addressed. Form 1229, a statutory declaration, a relevant court order or other legal evidence may be required depending on the circumstances.
Can an adopted child apply?
Adopted children can have child-migration pathways, but the timing and circumstances of the adoption are important. Some cases may fall under a separate Adoption Visa pathway rather than Subclass 101 or 802.
Can a stepchild qualify?
Potentially, but the migration requirements for a stepchild are specific. Current Form 47CH identifies requirements concerning the child's age, the relationship between the Australian step-parent and the child's parent, and parental responsibility.
Which forms are currently used for Child Visa applications?
The current Home Affairs process uses Form 47CH for the child's application and Form 40CH for the sponsorship. The forms should be lodged together with the required supporting evidence.
Is the Child Visa application currently lodged online?
Current Form 47CH instructs applicants to post or courier the application to the Child and Other Family Processing Centre and states that it cannot be lodged in person. Always check the latest Home Affairs instructions immediately before lodgement because application processes can change.
Reviewed by Mohammad Reza Azimi
Principal Registered Migration Agent at Shada Migration Services · MARN 0958292.
Next step
Check the Child's Eligibility Before Lodgement
The correct Child Visa pathway can depend on the child's age, location, dependency, family relationship, custody arrangements and current visa history. A consultation can identify the correct pathway and the evidence that should be prepared before the application is lodged.
