Child visas (Subclass 101 And 802) are available to dependent children of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
Read our general information and document checklists in relation to these visa categories below. Contact us directly for specific advice.
Overview
Child (subclass 101 and 802) visa
Target Market
- dependent child of a parent who is an Australian citizen, eligible New Zealand citizen or holder of an Australian permanent visa
Visa types
- Child (subclass 101) (offshore)
- Child (subclass 802) (onshore)
- please refer to this page for visa options for children in other circumstances (including Adoption visas, Dependent Child or Oprhan Relative visas)
Eligibility
Child (subclass 101 and 802) visa
Sponsor requirements
- be an Australian citizen, eligible New Zealand citizen or holder of an Australian permanent visa
- be an eligible parent or the parent’s spouse or de facto partner
Visa Requirements
- 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 or 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.
Documents
Child (subclass 101 and 802) visa
The actual documents you require are dependent on your particular circumstances including (but not limited to) your family members, your health and character, and your identity. Your Hannan Tew advisor will provide you with a link to the Hannan Tew portal which will set out the specific documents required.
Identity
- copy of passport bio data page
- proof of name change (if relevant)
- passport sized photographs
- police clearances from any country you have lived in for 12 months or more in the last 10 years since turning 16
Forms
Relationship to sponsor
- evidence of relationship to sponsor (e.g. birth certificate)
- proof that the sponsor is an Australian citizen, permanent resident or an eligible New Zealand citizen (e.g. citizenship certificate, passport)
Pricing
Child (subclass 101 and 802) visa
The actual fees for an Adoption visa will depend on the circumstances of the individual matter. You can refer to updated costings for government lodgement fees here. You can also refer to our estimated pricing guide for professional fees here. Further fees will apply for disbursements such as translations, character assessments, and / or health assessments.
Pricing (estimated)
- Professional fees: $4,000+
- Government fees: AUD3,140 (as of July 2024)
- Other disbursements such as translations, medicals, character assessments etc.
Child Visas
Frequently Asked Questions
Who are the Child visas for?
Briefly, these visas are for a person outside Australia seeking a permanent visa on the basis of being the dependent child (child or, in certain circumstances, step-child) of an Australian citizen, the holder of a permanent visa or an eligible New Zealand citizen.
What’s the processing time for the Child visas?
The Child visas are usually processed within 1-2 years from lodgement. You can refer to current processing times here.
How long can you stay in Australia with a Child visa?
If granted, the Child visas are permanent visas which allows the visa holder to stay in Australia indefinitely.
Can I travel to and from Australia with this visa?
Yes – if you hold this visa you can travel to and from Australia as many times as required during the 5 year travel facility issued by the Department with the Child visa.
In order to travel after the initial five-year travel facility period, you have to apply and be granted a Resident Return Visa (RRV) so you can re-enter Australia as a permanent resident.
You may also have the option of becoming an Australian citizen so you don’t require a visa to enter Australia.
To determine when your travel facility ends, it is advised you check Visa Entitlement Verification Online (VEVO).
Am I eligible for Medicare?
Yes – you are eligible to enrol in Australia’s public healthcare system known as “Medicare” as a holder of a Child visa.
Will I be able to work or study on this visa?
Yes – you can work and study in Australia with a Child (subclass 101 and 802) visa.
Can I apply for a Child visa onshore?
Yes, you can apply for a Child visa onshore if you use the Subclass 802 visa. Bear in mind that your child would require another visa to first enter Australia. You can review a number of temporary visa options here.
Can I apply for a Child visa offshore?
Yes, you can apply for a Child visa offshore if you use the Subclass 101 visa. In this situation, you child would need alternative visas to enter Autralia during processing. You can refer to some temporary visa options here.
What is the difference between the Subclass 802 and the Subclass 102 visa?
This Subclass 101 visa is for individuals who want to apply for a child visa offshore. The Subclass 802 visa is for individuals who want to apply for a child visa onshore.
Do you need to provide a DNA test to prove that the applicant is a biological child?
The Child visa does not necessarily require a blood relationship (for example, the relationship can include situations where a child has been adopted, the child was born as a result of an artificial conception procedure to a third person or the child was born under a surrogacy arrangement and a court has ordered under a prescribed state/territory law that somebody else is the child’s parent). However, in the absence of satisfactory appropriate documentation, an applicant and sponsor may choose to undertake DNA testing to prove the existence of a relationship.
Can a child over the age of 18 years apply for this visa?
Broadly speaking, yes, children under the age of 25 may apply for this visa. However, if the child has turned 18, they (a) should not be engaged, married, or previously been married (b) should not be engaged in full time work and (c) since turning 18, or within 6 months or a reasonable time after completing the equivalent of year 12 in the Australian school system, they should have been undertaking a full-time course of study at an educational institution leading to the award of a professional, trade or vocational qualification. This does not apply if the child is incapacitated for work due to the total or partial loss of bodily or mental functions.
Do children need to undergo a medical test for this visa?
Yes, at the very least, a child will need to undertake a Medical examination (501) for this visa. For further health requirements for Australian visas, please refer to here.
Disclaimer
The information contained here is offered for informational purposes only and does not constitute legal advice or give rise to an attorney-client relationship between you and our firm. The information: (i) must be regarded as a practical guide for general information and not a process guide for determining the specific immigration requirements of the countries covered, (ii) should not be a substitute for a more indepth analysis of applicable facts and circumstances conducted by competent professionals, and (iii) does not represent an opinion from Hannan Tew or any of its agents with regard to the laws of any of the jurisdictions concerned. The information does not guarantee the outcome or approval of any particular immigration application.
What can we do for you?
With an extensive private client practice, our staff have experience advising in relation to all aspects of the Child visa process, including determining whether other visa categories may be more appropriate for you. For further information in relation to Australian visa options for children, please refer to this page (including Adoption visas, Dependent Child or Oprhan Relative visas).
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