Child Visa (Subclass 101 and 802): Requirements Guide
The Child Visa allows a dependent child to join their parent who is an Australian citizen, permanent resident, or eligible New Zealand citizen. The Subclass 101 is applied for outside Australia, and the Subclass 802 from within Australia. Both grant permanent residence. The child must be under 18 (or 18-25 and dependent), unmarried, and dependent on the sponsoring parent. The visa costs $3,085 and processing times range from 6-18 months.
Quick Facts
| Detail | Subclass 101 (Offshore) | Subclass 802 (Onshore) |
|---|---|---|
| Apply from | Outside Australia | Inside Australia |
| Cost | $3,085 | $3,085 |
| Processing time | 8-18 months | 6-14 months |
| Visa type | Permanent | Permanent |
| Age limit | Under 18 (or 18-25 if dependent) | Under 18 (or 18-25 if dependent) |
Who Qualifies as a Dependent Child?
Under 18
A child under 18 who is:
- Your biological child
- Your adopted child
- Your step-child
The other parent (if not the Australian sponsor) must consent to the child migrating. This typically requires written consent or a court order.
18 to 25
A child aged 18-25 can qualify if they are:
- Dependent on the sponsoring parent
- A full-time student
- Not married or in a de facto relationship
- Not working full-time
The Department assesses "dependence" based on financial support, living arrangements, and whether the child is genuinely unable to support themselves independently.
Over 18 with Disability
A child over 18 may qualify regardless of age if they have a physical or mental disability that prevents them from being self-supporting. Medical evidence is required.
Sponsorship Requirements
The sponsoring parent must be:
- An Australian citizen, permanent resident, or eligible NZ citizen
- The biological, adoptive, or step-parent of the child
- Willing to provide adequate settlement support
- Settled in Australia (generally 2+ years of residence)
Consent from the Other Parent
If both parents have legal custody or parental responsibility, the non-sponsoring parent must consent to the child's migration. Evidence includes:
- Signed consent form (Form 1229)
- Court order granting permission for the child to migrate
- Sole custody order (if the sponsor has sole custody)
- Death certificate (if the other parent is deceased)
If the other parent refuses consent, the sponsor may need to seek a court order.
Application Process
Offshore (Subclass 101)
- Sponsor lodges sponsorship from Australia
- Child applies from outside Australia
- Processing (8-18 months)
- Visa granted — child travels to Australia
Onshore (Subclass 802)
- Child must be in Australia on a valid visa
- Sponsor and child apply together
- Bridging visa granted during processing
- Processing (6-14 months)
- Visa granted — child becomes permanent resident
Documents Required
- Child's birth certificate (showing both parents)
- Passport
- Sponsoring parent's proof of citizenship or PR
- Consent from non-sponsoring parent
- Evidence of dependency (for 18-25 year olds): enrolment proof, financial support evidence, statutory declaration
- Health examination results
- Police clearances (if child is 16 or over)
- Photos of the child with the sponsoring parent (evidence of relationship)
Common Issues and How to Avoid Them
Proving the Parent-Child Relationship
For biological children, the birth certificate usually suffices. But if the birth certificate doesn't name the sponsoring parent — which happens in some countries — you'll need additional evidence. DNA testing is accepted by the Department and can be arranged through approved providers. The Department covers the cost of DNA testing in many cases if they request it.
For step-children, the relationship is established through the sponsoring parent's current partnership with the child's biological parent. You'll need evidence of both the parent-child relationship and the step-parent relationship.
The Custody Battle Problem
When parents have separated and one wants to take the child to Australia, the other parent's consent becomes a major issue. If the non-sponsoring parent refuses consent, the sponsoring parent must obtain a court order from the child's country of residence. This can add months or years to the process.
In Australia, the Family Court can issue orders allowing a child to be taken overseas. In the child's home country, the relevant family court must also agree. Where the Hague Convention on International Child Abduction applies, taking a child without proper consent or court orders is a serious criminal offence.
Health Requirements and Costs
Children undergo health examinations at approved panel physicians. The examination is age-appropriate — infants may only need a basic check, while older children require more extensive assessments. If the child has a health condition that could impose significant costs on the Australian health system, a Health Waiver may be required. The Department assesses whether the health waiver should be granted based on the family's circumstances and the potential cost to Australia.
| Age Group | Typical Health Exam Cost |
|---|---|
| Under 2 | $150-$250 |
| 2-10 | $200-$350 |
| 11-15 | $300-$500 |
| 16+ | $400-$600 (includes chest X-ray) |
Processing Delays
The most common cause of delay is incomplete documentation. Missing consent forms, untranslated documents, or expired health examinations force the Department to request additional information, adding months to processing. Submit everything the first time, in English or with certified translations, and ensure health exams are done early enough that they won't expire during processing (health exams are valid for 12 months).
Frequently Asked Questions
Can a step-parent sponsor a child?
Yes, if the step-parent is in a genuine relationship with the child's biological parent and the relationship is recognised by the Department. The biological parent must consent.
What if both parents are outside Australia?
At least one parent must be an Australian citizen, permanent resident, or eligible NZ citizen settled in Australia. If neither parent is in Australia, the child cannot be sponsored under this visa.
Can the child work on this visa?
Once granted, the child is a permanent resident and can work without restrictions (subject to Australian workplace age laws).
What if the child turns 18 during processing?
The child's age is assessed at the time of application. If the child was under 18 when the application was lodged, turning 18 during processing doesn't affect eligibility.
What if I have custody through a court order?
Provide the court order as evidence. If the order grants sole custody to the sponsor, the other parent's consent may not be required — but include the order in your application.
