Child Visas
Understanding Australian Child Visa Applications
Australia offers several pathways for citizens and permanent residents to bring their children or adoptive children to live in Australia. These child visa options are designed to unite families and ensure that minors who have no parental care can find a stable home in Australia.
Each of these visas requires strict adherence to eligibility criteria to ensure the child’s well-being and protection.
There are three primary categories of child visas:
- Child Visa (Subclass 101/802)
- Adoption Visa (Subclass 102)
- Orphan Relative Visa (Subclass 117/837)
Video on Child Visas
1. Child Visa (Subclass 101/802)
The Child Visa allows the biological, adopted, or stepchildren of Australian citizens or permanent residents or eligible New Zealand citizens to live in Australia permanently. There are two main types of this visa, based on whether the child is inside or outside of Australia at the time of application:
- Subclass 101: For children applying from outside Australia.
- Subclass 802: For children applying from within Australia.
Eligibility Criteria:
- The child must be dependent on an Australian citizen, permanent resident, or eligible New Zealand citizen.
- The child must be single, under the age of 18, or under 25 if they are a full-time student financially dependent on their sponsoring parent or over 18 years with a disability
- The sponsoring parent must either be the child’s biological, adoptive, or step-parent.
- The child must meet health and character requirements.
The Child Visa provides the opportunity for permanent residency, allowing the child to live in Australia, access education, and apply for Australian citizenship in the future.
2. Adoption Visa (Subclass 102)
The Adoption Visa (Subclass 102) is designed for children adopted by Australian citizens, permanent residents, or eligible New Zealand citizens. It applies to children adopted overseas through legally recognised intercountry adoption programs.
Eligibility Criteria:
- The child must be adopted or in the process of being adopted by an Australian citizen or permanent resident.
- The adoption must be arranged by a competent authority (such as an overseas adoption authority or Australian state/territory adoption authority).
- The child must be under 18 years of age at time of adoption, at the time of application and at time of decision.
- The child must meet the health and character requirements.
For families seeking to apply for the Australian Adoption visa in cases where the child’s adoption is from a country not participating in the Hague Convention or if the adoption has not gone through the relevant state or territory authority, the sponsoring parent must meet specific residency requirements. In such circumstances, the sponsoring parent will need to demonstrate that they have lived overseas for a minimum of 12 months prior to the visa application. This ensures that the adoption was legal and compliant with the laws of the country where the adoption took place, and that it aligns with Australia’s visa requirements for intercountry adoptions outside the Hague Convention framework.
The process is streamlined if the adoption follows Australia’s Hague Convention intercountry adoption rules, ensuring the child’s protection and rights are prioritised.
3. Orphan Relative Visa (Subclass 117/837)
The Orphan Relative Visa is designed for children who do not have parents who can care for them. This visa allows a relative to sponsor a child to live in Australia.
There are two versions of this visa:
- Subclass 117: For children applying from outside Australia.
- Subclass 837: For children applying from within Australia.
Eligibility Criteria:
- The child must be under 18 years of age at time of the visa application.
- Both parents of the child must be deceased, permanently incapacitated, or missing.
- The child must be sponsored by a relative who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
- The sponsoring relative must be a close family member such as a sibling, aunt, uncle, or grandparent and step relatives.
- The child must meet health and character requirements.
This visa provides permanent residency for children in vulnerable situations, allowing them to be cared for by their Australian family members.
Frequently Asked Questions on Australian Child Visas
What are the types of child visas available in Australia?
Australia offers several child visas, including the Subclass 101 (Child visa) for children outside Australia, the Subclass 802 (Child visa) for children inside Australia, the Subclass 117 (Orphan Relative visa) for children outside Australia, and the Subclass 837 (Orphan Relative visa) for children inside Australia. There is also the Subclass 445 (Dependent Child visa) for children of parents holding temporary partner visas.
What are the age requirements for a child visa?
To be eligible for most Australian child visas, the child must be under 18 years old, or between 18 and 25 if they are a full-time student and financially dependent on the sponsoring parent. There are no age restrictions for children who have a disability that makes them dependent on their sponsoring parent.
Can a stepchild apply for a child visa?
Yes, a stepchild can apply for an Australian child visa if the step-parent is their legal guardian or has adopted them. The step-parent must meet the eligibility criteria as a sponsor, including being an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
Is a health and character check required for a child visa application?
Yes, all children applying for a visa must meet the Australian health and character requirements. This includes medical examinations to ensure they do not have any medical conditions that could pose a significant health care burden on Australia.
How long does it take to process an Australian child visa?
Processing times for Australian child visas can vary, depending on the complexity of the case and the visa subclass. On average, child visas can take between 12 to 24 months to process. However, factors such as providing complete documentation and the volume of applications may influence processing times.
How can I sponsor my adopted child if I haven't lived overseas for 12 months or the country of origin is not part of the Hague convention?
If you have not lived overseas for at least 12 months or the country of origin of your adopted child is not part of the Hague Convention, sponsoring your child for an Australian Adoption visa may be more complex. In these situations, the adoption must have been arranged through an Australian state or territory central authority, which ensures that the adoption complies with both Australian and international laws.
If this process has not been followed, unfortunately, you may not be eligible to sponsor your child under the Australian Adoption visa at this time. It’s important to seek professional migration advice to explore other possible visa options, such as applying for a different child visa that may better suit your situation.
Before any immigration advice can be provided, we must hold an initial consultation which will attract a fee commencing from $385.
