Child visas allow a child to come to Australia to live with their parents.
They can be applied for within Australia (onshore, under visa subclass 802 ), or outside Australia (offshore, under visa subclass 101).
The child of an Australian citizen or permanent resident who is born in Australia becomes an Australian citizen at birth.
Similarly, the child of an Australian citizen who is born outside Australia is usually able to become an Australian citizen by descent.
As such, Child visas are usually applied for by a parent who holds an Australian permanent residency visa, where the child was born outside Australia.
To be granted a Child visa, the child must be:
- sponsored by their parent, or their parent’s partner
- younger than 18 years of age, or dependent on the sponsoring parent.
Dependent means that the child is:
- a full-time student between 18 and 25 years of age, or
- 18 or older, is unable to work due to a disability, and is dependent on the sponsoring parent.
In addition, the child must be:
- the biological child or adopted child of the sponsoring parent, or
- a step child who has not turned 18 of a step-parent who is no longer the partner of the child’s parent, but who has a legal responsibility to care for the child.
An adopted child must have been adopted before their parent became an Australian citizen or the holder of an Australian permanent resident visa or an eligible New Zealand citizen. Where this is not the case an Adoption visa should be considered for the adopted child.
A child younger than 18 years of age cannot have a spouse or de facto partner, and cannot be engaged to be married.
A child between 18 and 25 years of age who does not have a disability that prevents them from working must:
- never have had (and not now have), a spouse or de facto partner
- not be engaged to be married
- not be in full-time work
- be a full-time student
To be a full-time student, the child must be currently enrolled and participating in a full-time course of study leading to a professional, trade or vocational qualification, and have started that course since turning 18 years of age, or within six months – or a reasonable time – after finishing school.
A Child visa only can be granted for a child younger than 18 years of age where:
- the written consent of each person who can legally decide where the child lives is confirmed, or
- the laws of the child’s home country permit the removal of the child, or
- it is consistent with any Australian child order
GM Family – a division of Go Matilda Visas – is your ideal partner for guidance and advice on a family visa strategy.
We work with our clients on the basis of fixed fees, and a wish to have a long term relationship based on our expertise, trust and a quality service.
If you wish to apply for a Child visa, and would like help with the visa application please contact your nearest GM Family office or complete the form on this page for a no obligation free initial discussion.
We look forward to hearing from you.