Subclass 101
This Visa lets a child outside Australia move to Australia to live with their parents.
Eligibility
The child must be dependent on a parent who is:
- Australian citizen
- Eligible New Zealand citizen
- Australian permanent visa holder
They can be their parent’s:
- biological child
- adopted child
- stepchild
Adopted children
To be eligible for this visa, an adopted child must have been adopted before they turned 18 by a parent who was not an Australian citizen, permanent visa holder or eligible New Zealand citizen at the time of adoption.
A child adopted before they turned 18 by a parent who was already an Australian citizen, permanent visa holder or eligible New Zealand citizen at the time of adoption might be eligible for an Adoption visa (subclass 102).
Stepchildren
To be eligible for this visa, a stepchild must:
- be the child of their step-parent’s former partner
- be aged under 18
The step-parent must also have either:
- an Australian parenting order in force that says the child is to live with them and be looked after by them, or
- guardianship or custody of the child under an Australian law or the law of another country
The child must be sponsored by an eligible parent or their parent’s spouse or de facto partner.
The Department must approve the sponsorship.They might not approve sponsorship if the parent or their partner has been charged or convicted of offences involving children.
Child Age Criteria:
The child must be either:
- under 18 years old, or
- over 18 and under 25 years and studying full time, or
- over 18 years with a disability
Child Partner Criteria:
The child can’t be or ever have been:
- married or engaged to be married
- in a de facto relationship
Subclass 802
This visa allows a child to stay in Australia permanently and live with their parents.
Basic Eligibility:
- be a dependent child of a parent who is an Australian citizen, eligible New Zealand citizen or holder of an Australian permanent visa
- be under 18 years, a full-time student aged over 18 and under 25, or over 18 and unable to work due to a disability
- be single and dependent on the parent
- be in Australia when the application is made and decided
The child must be dependent on a parent who is an:
- Australian citizen
- Eligible New Zealand citizen
- Australian permanent visa holder
They can be their parent’s:
- biological child
- adopted child
- stepchild
Adopted children
To be eligible for this visa, the adoption must have been finalised before the child turned 18.
The adoption can have happened either before or after the parent became an Australian citizen, Australian permanent visa holder or eligible New Zealand citizen.
If the child was adopted after their parent became an Australian citizen, Australian permanent visa holder or eligible New Zealand citizen, they must have been adopted:
- through an intercountry adoption with the involvement of an Australian state or territory central authority, or
- through an intercountry adoption by arrangement between two countries (other than Australia) that are parties to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (the Hague Adoption Convention), or
- if no Australian state or territory central authority was involved, through an expatriate adoption by an Australian citizen, an eligible New Zealand citizen or the holder of an Australian permanent visa who has been living outside Australia for more than 12 months before the adoption was finalised
It is recommended that you obtain independent legal advice both in Australia and in the child’s country of usual residence before proceeding with an expatriate adoption as there are risks for both the child and the adoptive parents in this process.
Stepchildren
To be eligible for this visa, a stepchild must:
- be the child of their step-parent’s former partner
- be aged under 18
The step-parent must also have either:
- an Australian parenting order in force that says the child is to live with them and be looked after by them, or
- guardianship or custody of the child under an Australian law or the law of another country
Age , Partner and Disability Criteria :
Be this age
The child must be either:
- under 18 years old, or
- over 18 and under 25 years and studying full time, or
- over 18 years with a disability
If the child is over 18 and under 25 years old they:
- must be a full-time student when they apply and when the visa application is decided
- can’t work full time
- must be financially dependent on their parent more than any other person
The child is a full-time student if they are:
- enrolled in a full-time course that leads to a professional, trade or vocational qualification
- attending classes
The child should have started study since turning 18 years of age or within 6 months (or a reasonable time) of finishing school. Any gaps of more than 6 months between their final year of school and the start of their further studies must be explained.
If the child is 18 years or older with a disability, they:
- must have totally or partially lost their bodily or mental functions
- can’t work full time
- must be financially dependent on their parent
Have no partner
The child:
- can’t be married or in a de facto relationship
- can’t be engaged to be married
If the child is over 18, they must never have been married or had a de facto partner.