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A child (included adopted children) of Australian citizens or permanent residents may be eligible for visas in Australia.

Read our general information and document checklists in relation to these visa categories below. Contact us directly for specific advice.
Background

Usually, children are eligible for visas based on the grant of their parents visas. In certain cases, they may need to apply for visas separately (for example, cases of adoption). The correct visa option depends on the child’s circumstances, including a child’s age, dependency status, and whether the child is in or outside of Australia.

What can we do for you?

With extensive experience leading the Australian Private Client Practice of the world’s largest immigration law firm, our staff are well placed to assist with all issues relating to Child visas, including: adoption issues, offshore applications, custody matters and merits review before the Administrative Appeals Tribunal.

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What are the visa types?

Australia’s Child visas consist of a series of onshore and offshore visas which can lead to temporary and permanent residence:

  • Child (Permanent) (Subclass 802) when a child’s parent or their parent’s partner sponsors them to live in Australia as a permanent resident (and the child is in Australia);
  • Child (Permanent) (Subclass 101) when a child’s parent or their parent’s partner sponsors them to live in Australia as a permanent resident (and the child is outside of Australia);
  • Orphan Relative (Permanent) (Subclass 837) when a relative sponsors an orphaned child to live in Australia as a permanent resident (and the child is in Australia);
  • Orphan Relative (Permanent) (Subclass 117) when a relative sponsors an orphaned child to live in Australia as a permanent resident (and the child is outside of Australia).
  • Adoption Visa (Permanent) (Subclass 102) when a person who is an Australian citizen, holder of a permanent visa or eligible New Zealand citizen sponsors a child that they have adopted overseas to live in Australia as a permanent resident. A child who is in the process of adoption might also be able to apply for this visa.
  • Dependent Child Visa (Subclass 445) when a child’s parent holds a temporary partner visa, and the child was not included in the temporary partner visa application

Eligibility: Child (subclass 101 and 802) visas

The child must be sponsored by:

  • an Australian citizen, permanent visa holder or eligible New Zealand citizen (the Australian parent); or
  • if the Australian parent is under 18 years of age, the Australian parent’s cohabiting partner if that partner is 18 years of age or over and an Australian citizen, permanent resident or eligible New Zealand citizen.

The child must be:

  • a natural (biological) child of the Australian parent; or
  • an adopted child or a step-child of the Australian parent within the meaning of the Migration Act 1958; or
  • a child conceived through an artificial conception procedure (ACP); or
  • a child born under surrogacy arrangements, where parentage has been transferred by court order under a prescribed state or territory law.

In cases of adoption, the child must have been adopted before the parent became an Australian citizen or permanent visa holder or eligible New Zealand citizen and must have been an adoption within the meaning of the Migration Regulations 1994. A child applying outside Australia, who was adopted after the parent became an Australian citizen or permanent visa holder or eligible New Zealand citizen, cannot apply for a Child (subclass 101) visa and should consider applying for an Adoption (subclass 102) visa.

Eligibility: Orphan Relative (subclasses 117 and 837) visa

Standard eligibility includes that:

  • The child must be under 18 years of age and not married or in a de facto partner relationship.
  • The child must be a relative of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, who is willing to sponsor the child and be able to look after the child because the child has no parent able to care for them.
  • The relative must be either the child’s brother or sister, grandparent, aunt or uncle, or niece or nephew (or step equivalents).

An Orphan Relative visa application can be made outside Australia (subclass 117) or in Australia (subclass 837).

Eligibility: Adoption (subclass 102) visa

Standard eligibility requirements include that:

  • The child must have been adopted or be in the process of being adopted by an Australian citizen, permanent visa holder or eligible New Zealand citizen and must be sponsored by that person.
  • The child must be under 18 years of age when the visa application is lodged with the Department and also when the visa application is decided.

An Adoption (subclass 102) visa application can only be made outside Australia.

Eligibility: Dependent children of Partner visa applicants

A dependent child whose parent holds a temporary Partner visa, that is:

  • a temporary Partner (subclass 820) visa; or • a provisional Partner (subclass 309) visa; or
  • a provisional spouse or interdependency visa,

should consider applying for a temporary Dependent Child (subclass 445) visa.

A subclass 445 visa relates only to partner category visas. If granted, this temporary visa allows the child to travel to, enter and/or remain in Australia until a decision is made on the parent’s application for a permanent Partner (subclass 100 or 801) visa.

Like the temporary Partner visa, the subclass 445 visa is a pre-requisite for a child who does not hold a temporary Partner visa to be granted a permanent Partner visa at the same time as their parent. After the grant of a subclass 445 visa, the child should then immediately apply for the permanent Partner visa of the same class as their parent. It is essential that this application is lodged before a decision is made on the parent’s permanent Partner visa application as the subclass 445 visa automatically ceases as soon as the parent’s permanent Partner visa is granted. Failure to do this may result in the child becoming unlawful in Australia, or the child not having a permanent visa option.

What are the documents required?

The standard document checklist for all Child visa categories is as follows:

  • If the child is applying in Australia, certified copies of the passport or travel document the child used to enter Australia and of any passports held since then.
  • 2 recent passport sized photographs (45mm x 35mm) of the child (4 photos if health examinations have not been completed). These should be only of the head and shoulders and should show the child facing the camera and against a plain background. Print the name of the child on the back of each photograph.
  • If the child is 16 years of age or over, a police good conduct/character certificate for each country outside Australia where the child has lived for more than 12 months over the past 10 years (since turning 16 years of age).
  • Evidence that the child’s sponsor is an Australian citizen, permanent visa holder or eligible New Zealand citizen, (certified copy of birth certificate, Australian passport or foreign passport containing evidence of permanent visa or Australian citizenship certificate).
  • If the child is under 18 years of age, an Australian National Police Check and/or foreign police certificate(s) from the sponsor (unless the child has been adopted with the involvement of an Australian state or territory central adoption authority).
  • If the child is under 18 years of age, an Australian National Police Check and/or foreign police certificate(s) from the sponsor’s spouse or de facto partner (unless the child has been adopted with the involvement of an Australian state or territory central adoption authority).

Additional documents will be required depending on the class of visa applied for. Speak to your Hannan Tew representative to obtain a full document checklist.

What are the lodgement fees?

The child visa application charges depend on whether the child is in or outside of Australia as well as the particular visa category. Speak to your Hannan Tew Immigration representative to determine the charges for your specific matter.

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