Child Visas

A Child Visa allows children to join their parents in Australia, whether temporarily or permanently, depending on the visa subclass.

These visas are designed to ensure that children can live, study, and grow in Australia with their family. Each visa has specific eligibility requirements, including parental sponsorship, health and character checks, and documentation to establish the parent-child relationship.

Understanding the framework of these visas can help you prepare a complete application and ensure your child meets all the necessary conditions.

Visa Options

Visa Type Key Features
Subclass 101 / 802 - Child Visa For children living outside Australia who are dependent on an Australian citizen, permanent resident, or eligible New Zealand citizen parent. Provides a pathway to permanent residency. Applicants must meet health and character requirements.
Subclass 117 & 837 - Orphan Relative Visa For children whose parents are deceased, missing, or unable to care for them, and who have an Australian relative willing to provide care. Permanent visa with lower application cost; processing times are very long due to capping. Applicants must meet health, character, and Balance of Family Test requirements.
Subclass 102 - Adoption Visa For children being adopted by Australian citizens. Permanent visa that allows the child to enter and remain in Australia permanently. Applicants must meet health and character requirements and provide proof of the adoption process.
Subclass 445 - Dependent Child Visa For dependent children of temporary visa holders. Allows children to live in Australia while the parent’s visa is in effect. Applicants must meet health and character requirements.

Key Requirements

    To be eligible for a Child Visa (subclasses 101, 802, 117, 837, 102, and 445), applicants generally need to meet the following:

    • Age: Usually under 18, or under 25 if financially dependent on the sponsoring parent and are enrolled full-time in education. Children with a disability who cannot support themselves may also be eligible regardless of age. 

    • Dependency: The child must be dependent on the sponsoring parent or relative and not married, engaged, or in a de facto relationship. 
    • Relationship to Sponsor:

      • For subclass 101 / 802 - must be the biological, adopted, or step-child of the Australian citizen, permanent resident, or eligible New Zealand citizenship sponsor.

      • For subclass 117 / 837 - must be an orphan relative of the sponsor.

      • For subclass 102 - must be adopted or in the process of being adopted by the sponsor.

      • For subclass 445 - must be the dependent child of a temporary partner visa holder.

    • Health and Character: All child applicants and, in some cases, close family members must meet Australian health and character requirements. 

    • Best Interests of the Child: The visa will only be granted if it is determined to be in the best interests of the child. 

    Evidence

          When applying for a Child Visa, you will need to provide the following documents to demonstrate your eligibility:

          1. Identity and Legal Status

            • Child’s passport and birth certificate.

            • Sponsor’s identity documents (passport, Australian citizenship or permanent residency evidence).

              • Any name-change or custody orders, if relevant.
            • Relationship Evidence

              • Birth certificate or adoption papers proving the child’s relationship to the sponsor.

              • For orphan relative visas, evidence that both parents are deceased, permanently incapacitated, or of unknown whereabouts.

              • For dependent children of partner visa holders (subclass 445), evidence of the parent’s visa status and the child’s dependency.

            • Dependency Evidence

              • Proof the child is financially dependent on the sponsor (such as evidence of support for living expenses, education, or medical care).

              • For children aged 18–25, evidence they are studying full-time and remain financially reliant on the sponsor.

              • For children with a disability, medical evidence showing the nature of the condition and their inability to support themselves.

            • Health and Character

              • Medical examination results for the child.

              • Police clearances for applicants aged 16 and over, where applicable.

            • Other Supporting Documents
              • Court orders, if required, showing permission for the child to migrate
              • If applicable, consent from any non-migrating parent or guardian

            Frequently Asked Questions

            What is the age limit for a child visa?

            Generally speaking, the child must be under 18. However, a child aged 18-25 may still qualify if they are financially dependent on the sponsoring parent and studying full-time. Children with a disability who cannot support themselves may also be eligible regardless of age. 

            Do I need consent from the other parent for my child to migrate?

            Yes, in most cases. If the other parent or legal guardian has custody or shared parental responsibility, you will usually need their written consent for the child to migrate. If consent cannot be obtained, you may need to provide a court order permitting the child's migration. 

            What is the difference between the Child (subclass 101 / 802) visa and the Orphan Relative (subclass 117 / 837) visa?

            The Child Visa (101 / 802) is for biological, adopted, or step-children of an Australian citizen, permanent resident, or eligible New Zealand citizen.

            The Orphan Relative Visa (117 / 837) is for children whose parents have passed away, are permanently incapacitated, or whose whereabouts are unknown, and who are sponsored by an eligible relative in Australia.

             

            What is the difference between the Child (subclass 101 / 802) visa and the Orphan Relative (subclass 117 / 837) visa?

            The Child Visa (101 / 802) is for biological, adopted, or step-children of an Australian citizen, permanent resident, or eligible New Zealand citizen.

            The Orphan Relative Visa (117 / 837) is for children whose parents have passed away, are permanently incapacitated, or whose whereabouts are unknown, and who are sponsored by an eligible relative in Australia.

            How does the Adoption Visa (subclass 102) differ from other child visas?

            The Adoption Visa (102) is specifically for children adopted or in the process of being adopted by an eligible Australian sponsor. It requires compliance with Australian and, where applicable, overseas adoption laws.

            When is the Dependent Child Visa (subclass 445) used?

            The Dependent Child Visa (445) is for children of a parent who holds a temporary partner visa (subclass 309 or 820). It allows the child to be added to the parent’s permanent partner visa application later.

            Can my child travel to Australia while the application is being processed?

                  This depends on the visa subclass and where the application was lodged. For example, onshore visas may grant a bridging visa allowing the child to stay in Australia while the application is processed, whereas offshore visas usually require the child to wait outside Australia.

                  I have more questions.

                  Please feel free to fill in the form below and we will be in touch. 

                  Disclaimer

                  The information provided on this website is for general purposes only. Whilst every effort has been made to ensure accuracy, the content is not, and is not intended to be, legal or immigration advice, and it does not create a solicitor–client relationship with Tern Legal. The information should be treated as a practical guide only. No person should act on the basis of the material on this website without obtaining advice specific to their circumstances and, where necessary, seeking professional assistance.

                  Migration law in Australia is subject to ongoing changes in legislation and government policy, and the information provided may not reflect the most up-to-date position. You are encouraged to make your own enquiries as to the accuracy of the information at the time of use. For advice relevant to your situation, please consult a qualified professional. Tern Legal makes no guarantees regarding the outcome or approval of any migration application.

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