Child Visas
Subclass 101/802
What is a Child Visa?
The Child Visas (Subclass 101 & 802) allow a child to live permanently in Australia with their parent(s) who are Australian citizens, permanent residents, or eligible New Zealand citizens. The Subclass 101 visa is for children applying from outside Australia, while the Subclass 802 visa is for children applying from within Australia.
At Kris Ahn Lawyers, we specialise in guiding families through the child visa process, providing personalised support from assessing eligibility to ensuring a successful visa approval.
Key Features of Child Visas
Permanent Residency
Visa holders can live permanently in Australia with their parent(s).
Work and Study
Children on these visas have full work (subject to work eligible ages) and study rights in Australia.
Healthcare
Visa holders can access Medicare, Australia’s public healthcare system.
Pathway to Citizenship
After holding the visa and meeting residency requirements, you may be eligible to apply for Australian citizenship.
Eligibility Requirements
To apply for the Child Visa (Subclass 101 & 802), applicants must meet the following criteria:
Relationship Requirements
The child must be the biological, adopted, or stepchild of an Australian citizen, permanent resident, or eligible New Zealand citizen.
Age Requirement
The child must be under 18 years old, or between 18 and 25 if they are studying and financially dependent on the parent, or over 18 years with a disability.
Dependency Requirement
The child must be dependent on the parent if over 18 (for study, financial and care reasons).
Health and Character Requirements
The child must meet health and character requirements, including completing medical checks and providing police clearances where applicable.
Key Differences Between Subclass 101 and Subclass 802
Subclass 101
This visa is for children applying from outside of Australia (offshore).
Subclass 802
This visa is for children applying from within Australia (onshore).
Conditions:
Both visas offer the same benefits, but the Subclass 802 visa allows children who are already in Australia to apply without needing to leave the country.
The Application Process
Here’s a step-by-step breakdown of the Child Visa application process:
1
Gather Documentation
Collect all necessary documents, including proof of relationship to the parent, identity documents, health assessments, and financial dependency evidence if applicable.
2
Lodge the Application
Submit the visa application along with supporting documents, including health checks and police clearances.
3
Health and Character Checks
Complete the required health checks and submit police clearance certificates for any country where the child has lived for 12 months or more in the last 10 years.
4
Await Decision
The Department of Home Affairs will assess the application. Processing times can vary depending on the completeness of the application and any requests for further documentation.
Application Fees
The fees for applying for the Child Visa include:
Visa Application Fee
AUD 3,140.
Additional applicant charge 18 and over
AUD 1,570.
Additional applicant charge under 18
AUD 790.
Health Checks and Police Clearances:
Additional fees for required medical exams and police checks.
Document Translations:
If applicable, fees for translating documents not in English apply.
Health and Character Requirements
Health Requirements
The child must undergo a health assessment to ensure they meet the Department of Home Affairs’ criteria.
Character Requirements
For children over 16, police clearance certificates must be provided from countries where they have lived for at least 12 months in the past 10 years.
The Role of the Sponsor
The sponsoring parent plays a key role in the Child Visa application:
Sponsorship Requirements
The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen, and must meet the financial and accommodation support obligations for the child.
Financial and Accommodation Responsibilities
The sponsor must demonstrate that they can provide financial support and accommodation for the child during their stay in Australia.
Common Mistakes to Avoid
Incomplete Documentation
Ensure all required documents, including health checks and proof of relationship, are complete and accurate to avoid delays.
Misunderstanding Sponsorship Requirements
If applying for children over 18 years of age, ensure sufficient documents are provided to evidence their dependency. A lack of these documents where the case officer is not satisfied the child is a dependent may result in a negative decision.
How Can We Help?
At Kris Ahn Lawyers, we provide expert guidance throughout the Child Visa (Subclass 101 & 802) application process. From gathering documentation to ensuring the sponsor meets all requirements, we help families navigate the complexities of the visa application process. With a high success rate and experience in handling complex cases, we offer personalised support to ensure a successful outcome.
Frequently Asked Questions
Can I include multiple children in one visa application?
Yes, you can include multiple children in the same visa application, provided they meet the eligibility requirements.
What happens if my child turns 18 during the application process?
If your child turns 18 during the application process, they may still qualify for the visa if they remain financially dependent on the sponsoring parent.
How long does it take to process the Child Visa?
Processing times vary, but generally range from 18 – 26 months.
What are the health and character requirements for a Child Visa?
The child must undergo health assessments and, if over 16, provide police clearances from countries where they have lived for 12 months or more in the last 10 years.
Can my child apply for citizenship after holding the Child Visa?
Yes, after holding the Child Visa and meeting residency requirements, your child may be eligible to apply for Australian citizenship.
