Child Visa

Child Visa

A child visa is a family visa issued to children whose parents or legal guardians are Australian Permanent Resident, Australian Citizen or eligible New Zealand Citizen, and living in or intent to return to Australia. The child will only become eligible for the Child Visa, if he/she has undergone the authentic official procedures, sponsored by the parents or legal gaudians, and has submitted the right kinds of documents. This visa is also applicable to those who are adopted or orphaned relative to a settled Australian Citizen, Permanent Resident or eligible New Zealand Citizen.

When your child applies for this visa, you don’t have to be in Australia if you were issued a valid permanent visa. Depend on the different needs of the different family, the Department of Home Affairs has enacted different types of Child Visas as follows:

  • Child Visa (subclass 101) – Offshore
  • Child Visa (subclass 802) – Onshore
  • Adoption Visa (subclass 102)
  • Orphan Relative (subclass 117)
  • Orphan Relative (subclass 837)
  • Dependent Child Visa (subclass 445)

Definition of Child

Since 1 July 2009, the definition of “Child” recognises a broader range of parent-child relationships than previously, including children conceived through artificial conception procedures such as invitro fertilisation and children born under certain surrogacy agreements which are recognised under a prescribed State/Territory law as per the Family Law Act 1975.

Generally, a person is the child of their biological parents unless:

  • the child has been adopted, or
  • 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.

In these special circumstances additional evidence would be required to prove the relationship between the parent or legal guardian and the child.

Eligibility

The eligibility to apply for the visa:

  • The child must be dependent on their parent who is an Australian citizen, permanent resident or eligible New Zealand citizen.
  • Sponsored by a parent or their parent’s partner.
  • The child must be under 25 years of age.
  • The child between 18 to 25 years of age should be a full-time student, or unable to work due to a disability and remain a dependent child, and
  • Has always been single, which means has never had and does not have a spouse or de facto partner.
  • The child must meet health and character requirements.

Please note:

  • If the child has siblings who also want to apply for this visa, they must be submitted as a separate application for each sibling.
  • Usually, the application is lodged by the sponsor on behalf of the child.
  • The sponsor should provide accurate documents and information.
  • Condition of the offshore visa application is that the child can’t enter Australia before the visa is granted and ensure that they are not getting married or entering into a de facto relationship before arriving in Australia.
  • Once the child visa is granted the sponsor must provide support for the child, including accommodation and financial support during the first two years following the grant of the child’s visa.
  • The sponsor also must support the child to attend any required English language class and should help the child to settle in Australia.