Australia's migration policy has long recognised the profound importance of keeping families together. At the core of this commitment are the subclass 802 and 101 child visas, designed to allow eligible parents to sponsor their children for permanent residency in Australia. These visas not only bring families together but also offer children the opportunity to grow, learn, and thrive in Australia's diverse and welcoming society.
Understanding Child Visas
Is My Child Eligible?
The eligibility requirements for Child Visas 802 and 101 are stringent, ensuring that the visas serve their intended purpose. Let's break down the key criteria:
A. Parent Requirements
To sponsor a child for either visa, the parent must be:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen
B. Child Requirements
The child must be:
- Age:
- Under 18 years old, or
- 18-25 years old and a full-time student, or
- 18 years or older with a disability that prevents them from working
- Relationship Status:
- Single (never married or been in a de facto relationship)
- Dependency:
- Financially dependent on the sponsoring parent
- Relationship to Sponsor:
- The child can be:
- A biological child
- An adopted child (adoption must be finalised before the child turns 18)
- A stepchild (under certain conditions)
- The child can be:
Consent and Legal Requirements
When applying for a Child Visa (Subclass 802 or 101) for a child under 18, you must provide evidence of proper consent and legal permissions. This typically includes:
- Written consent from all individuals who have a legal right to determine where the child lives. This may include:
- Both biological parents
- Legal guardians
- Individuals with court-ordered custody rights
- Official documentation from the child's home country that allows the child to leave permanently. This might be:
- An exit permit
- A court order granting permission for the child to emigrate
- Any other relevant legal document as required by the child's country of origin
- Confirmation that the child's move to Australia doesn't violate any existing overseas or Australian court orders or legal arrangements. This includes:
- Family Court orders
- Parenting plans
- Any other legal agreements concerning the child's care and living arrangements
These requirements ensure that:
- All parties with legal rights regarding the child are in agreement with the move to Australia
- The child's departure complies with their home country's laws
- The visa application doesn't conflict with any existing Australian legal decisions about the child's welfare
It's crucial to obtain and provide all necessary consents and permissions to avoid delays in the visa application process or potential legal issues later on.
For children over 18 pursuing full-time studies, it's crucial to maintain continuous enrollment in their educational programs. Case officers may scrutinise any extended breaks between courses that fall outside the standard academic holiday periods. Such gaps could potentially raise questions about the child's ongoing dependency status, which is a key factor in visa eligibility. Therefore, students should aim for seamless transitions between academic terms or years to preserve their dependent status in the eyes of the Department of Home Affairs.
Key Differences: Onshore vs. Offshore
While these visas share a common goal, they cater to different circumstances:
- Child Visa Subclass 802 (Onshore):
- For children already in Australia
- Application must be lodged while the child is in Australia
- The child must be in Australia (but not in immigration clearance) when the visa is granted
- Child Visa Subclass 101 (Offshore):
- For children outside Australia
- Application is lodged while the child is outside Australia
- The child must be outside Australia when the visa is granted
This distinction is crucial in determining which visa to apply for, based on your child's current location and circumstances.
Processing Times
One of the most common questions families have when applying for a Child Visa is, "How long will it take?" While processing times can vary based on individual circumstances, the Department of Home Affairs provides estimated timeframes to help set expectations.
Child Visa Subclass 802 (Onshore)
- 50% of applications are processed within 18 months
- 90% of applications are processed within 26 months
Child Visa Subclass 101 (Offshore)
- 50% of applications are processed within 19 months
- 90% of applications are processed within 26 months
Purpose and Benefits
Both the Subclass 802 and 101 visas serve a singular, heartwarming purpose: to enable children to live permanently in Australia with their parents. These visas open doors to a wealth of opportunities, including:
- Indefinite stay in Australia
- Access to Medicare, Australia's public healthcare system
- The right to work and study in Australia
- A pathway to Australian citizenship
- The ability to sponsor eligible relatives for permanent residency in the future
It's important to note that these processing times are general guidelines and can fluctuate based on various factors outside your control, including the allocation of human resources by the Department of Home Affairs. Ensuring all required documents are included and forms are correctly filled out can significantly speed up the process.
The content on this page does not constitute legal or immigration advice. Australian immigration doesn't have to be complex and we can help with your unique circumstances. To seek legal advice for information that is specific to your situation, please book a consultation.
