Child Visa
Overview
Child Visas
A child visa is available to dependent, adopted, and/or orphaned children of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. That is, it allows eligible persons to sponsor a child to live in Australia.
Usually, children are eligible for visas based on the grant of their parents’ visas. In certain cases, they may need to apply for visas separately (for example, in cases of adoption). The correct visa option depends on the child’s circumstances, including the child’s age, dependency status, and whether the child is in or outside of Australia.
Visa subclasses
- Child (Permanent) (Subclass 802 / Subclass 101) when a child’s parent or their parent’s partner sponsors them to live in Australia as a permanent resident (and the child is in Australia)
- Orphan Relative (Permanent) (Subclass 837) when a relative sponsors an orphaned child to live in Australia as a permanent resident (and the child is in Australia)
- Orphan Relative (Permanent) (Subclass 117) when a relative sponsors an orphaned child to live in Australia as a permanent resident (and the child is outside of Australia)
- Adoption Visa (Permanent) (Subclass 102) when a person who is an Australian citizen, holder of a permanent visa, or eligible New Zealand citizen sponsors a child that they have adopted overseas to live in Australia as a permanent resident. A child who is in the process of adoption might also be able to apply for this visa
- Dependent Child Visa (Subclass 445) when a child’s parent holds a temporary partner visa, and the child was not included in the temporary partner visa application
General Summary
- A biological, adopted, or step-child who is under 18 years old or a full-time student over 18 years old but under 25 years old and dependent on their parent is eligible for a child visa
- To make a child visa application, and depending on the subclass of visa, at least one parent must either be an Australian citizen, the holder of an Australian permanent visa or awaiting the processing of their Partner (Provisional) visa (subclass 309) or Partner (subclass 820) visa
- If the child is a step-child, the step-parent must have either a current Australian parenting order saying the child is to live with them or they have guardianship or custody of the child under Australian law or the law of another country
Overview
Child (subclass 101 and 802)
A Child visa (which consists of the Subclass 101 and 802 visas) is available to dependent, adopted, and/or orphaned children of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
Sponsor requirements
- For a Child visa, the child must be sponsored by an Australian citizen, permanent resident, or eligible New Zealand citizen or
- If the Australian parent is under 18 years of age, the Australian parent’s cohabitating partner if that partner is over 18 years of age and an Australian citizen, permanent resident, or eligible New Zealand citizen
Visa requirements
- For a Child visa, the child must be:
- A natural (biological) child of the Australian parent or
- An adopted child or step-child of the Australian parent within the meaning of the Migration Act 1958;
- A child conceived through an artificial conception procedure (ACP);
- A child born under surrogacy arrangements, where parentage has been transferred by court order under a prescribed state or territory law.
- In cases of adoption, the child must have been adopted before the parent became an Australian citizen, permanent resident, or eligible New Zealand citizen, and must have been an adoption within the meaning of the Migration Act 1994 (Cth). A child applying outside of Australia, who was adopted after the parent became an Australian citizen or permanent visa holder or eligible New Zealand citizen, cannot apply for a Child (subclass 101) visa and should consider applying for an Adoption (subclass 102) visa.
- Must be either:
- Under 18 years of age;
- Between 18 and 25 and studying full-time; or
- Over 18 years of age but with a disability.
- Have no partner;
- Meet health and character criteria.
Overview
Orphan Relative (subclasses 117 and 837)
Orphan Relative visas allow children to travel to Australia if they have an Australian permanent resident or citizen relative, and their parents are deceased, can’t care for them, or can’t be found.
General Eligibility
- The child must be under 18 years of age and not married or in a de facto partner relationship.
- The child must be a relative of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, who is willing to sponsor the child and be able to look after the child because the child has no parent able to care for them
- The relative must be either the child’s brother or sister, grandparent, aunt or uncle, or niece or nephew (or step equivalents)
- An orphan Relative visa application can be made outside Australia (subclass 117) or in Australia (subclass 837).
Overview
Adoption (subclass 102)
Adoption visas are for children who have been legally adopted outside of Australia by an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
General Eligibility
- The child must have been adopted or be in the process of being adopted by an Australian citizen, permanent visa holder, or eligible New Zealand citizen and must be sponsored by that person
- The child must be under 18 years of age when the visa application is lodged with the Department and also when the visa application is decided
- An adoption (subclass 102) visa application can only be made outside Australia.
Overview
Dependent Child (subclass 445)
A Dependent Child visa is available to children who need to stay in Australia temporarily while the Department processes their parent’s permanent Partner visa application.
General Eligibility
- A dependent child whose parent holds a temporary Partner visa (a Subclass 820, a Subclass 309, or provisional spouse or interdependency visa) can consider the Dependent Child (Subclass 445) visa
- A subclass 445 visa relates only to partner category visas. If granted, this temporary visa allows the child to travel to, enter, and/or remain in Australia until a decision is made on the parent’s application for a permanent Partner (subclass 100 or 801) visa
- Like the temporary Partner visa, the subclass 445 visa is a pre-requisite for a child who does not hold a temporary Partner visa to be granted a permanent Partner visa at the same time as their parent. After the grant of a subclass 445 visa, the child should then immediately apply for a permanent Partner visa of the same class as their parent. This application must be lodged before a decision is made on the parent’s permanent Partner visa application as the subclass 445 visa automatically ceases as soon as the parent’s permanent Partner visa is granted.
- Failure to do this may result in the child becoming unlawful in Australia, or the child not having a permanent visa option
Processing times
Child visas
Child visas are available to dependent, adopted, and/or orphaned children of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The processing times for these visas vary on many factors including having decision-ready applications, and undertaking all relevant checks (e.g. health and character) in a timely fashion.
Processing times
The estimated processing times for the various visas are as follows:
- Dependent Child (Subclass 445): 16 to 20 months
- Child (Subclass 101): 26 to 34 months
- Child Onshore (Subclass 802): 12 to 15 months
- Adoption (Subclass 102): 24 – 36 months
- Orphan Relative (Subclass 117): 30 – 54 months
- Orphan relative (Subclass 837): not published
Costs
- Costs can vary, so please review our pricing page here or our cost calculator here for further information
- Alternatively, feel free to contact one of our team members here