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Subclass 101/802 Child visa
Understand what is involved with Child visas
It goes without saying that many visa holders in Australia will likely want to apply for a visa for their children so that they can join them onshore. We understand that obtaining a visa for yourself can be a lengthy and frustrating process, which can be made all the more stressful when children are involved. Where a child has not been included in their parents’ initial application, it may be necessary to apply for a Child visa.
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The Australian Migration Lawyers difference
Fixed price
There are no hidden costs for our services. Our fees are clearly set out in a fee agreement.
Deal direct with a lawyer
From the first same-day response to the granting of your visa, you’ll have direct access to a lawyer.
Clear communication
Our experienced lawyers will give you regular updates and clear explanations of visa pathways.
Satisfaction guarantee
We offer a client satisfaction guarantee in relation to our visa application services.
Installments available
3 - 6 months installment options available on some visa types.
What is the Child Visa (subclass 101/802)?
These visas enable a child residing outside of Australia to relocate and live with their parent in Australia. The child must be a dependent of a parent who holds either Australian citizenship, Australian permanent residence, or would be considered an eligible New Zealand citizen.
The subclass 802 visa requires the applicant to be onshore at the time the application is lodged and when a decision has been made. Conversely, the subclass 101 requires the applicant to be offshore at the time the application is lodged and when a decision has been made.
Applications have to made on paper, by sending all relevant documents by post. This can lead to significant delays where an application is incomplete or when further information is required.
If this is already overwhelming you, we highly recommend you book in to speak to our team so we can help you understand the visa process better.
Eligibility requirements for a Child visa
The child must meet the following criteria to be eligible to apply for this visa:
- Must be the dependent child of an eligible parent or their parent’s spouse or de facto partner who is an Australian citizen, permanent resident or eligible New Zealand citizen.
- Must be under 18 years of age, or if between 18 and 25 years of age, a full-time student and financially dependent on the sponsoring parent, or over 18 years of age and unable to work due to a disability
- Must not be in a relationship
- Must obtain written consent to migrate to Australia from all individuals with legal custody of the child
Benefits of the Child visa
The key benefit of a Child visa is that a child and parent will avoid separation and can live together in Australia. It enables families to remain intact while making a new life for themselves in Australia.
Other benefits of a Child visa include:
- Travel in and out of Australia
- Work and study rights in Australia
- Stay in Australia indefinitely
- Access Australia’s healthcare scheme (Medicare)
- The child may sponsor eligible relatives in the future, such as the child’s dependent children, for permanent residency
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Child visa checklist
The child visa requires a substantial amount of supporting documents, which must be submitted by post. The Australian government mandates that the applicant must demonstrate their relationship to the sponsoring parent.
As it should appear, this checklist is very important. Providing all the required information can help strengthen your case and should be taken very seriously. Furthermore, there can be significant delays where an application is incomplete, due to the delays in postal applications.If you need guidance through this period, contact us at AML, we’re here to help.
The following evidence must be included to substantiate an application for the child visa:
- Passport
- National identity card (if applicable)
- Adoption papers (if applicable)
- Birth certificate
- Adoption certificate (if applicable)
- Police clearance certificates from every country the child has spent 12 months or more in the last 10 years since attaining 16 years of age
- Health examination
- Bank statement
- Money transfers
How the Child visa works
This visa requires a Subclass 101 or Subclass 802 visa application to be submitted along with supporting documents. Given the considerable volume of additional documents required from the visa applicant, it is recommended to enlist the help of a legal professional, as inadequate evidence could result in delays in the visa process.
Future visa pathways
Once a child has been granted this visa, they are considered a permanent resident and can access the full range of benefits available to Australian permanent residents. They can choose to remain a permanent resident or you can choose to apply for citizenship after meeting the relevant residency requirements.
Benefits of using an immigration lawyer
Australian Migration Lawyers is made up of a team who encompasses extensive knowledge in partner visas and other primary applications including complex matters. One of our key objectives is to enhance accessibility to justice and we are determined to handle every visa application with care and professionalism.
At Australian Migration Lawyers, our team consists of trained Australian legal professionals who have a strong understanding of Australia’s immigration system to aid you with your Subclass 101 visa application. We understand that there may be challenges in the process and are prepared to offer other solutions if such circumstances arise. As lawyers, we are committed to ensuring that your Subclass 101 visa application aligns with all mandated prerequisites increasing the potential for a favourable result.
We extend our assistance with your visa application from its preparation through to its approval, including working together with you to address any additional requests made by the Department of Home Affairs.
- At Australian Migration Lawyers, our team comprises certified Australian legal professionals who leverage their deep understanding of Australian laws and legal precedents to aid you with your Subclass 101 visa application. We can also provide alternative migration paths and strategies.
- As legal experts, we bear the responsibility of ensuring that your Subclass 101 visa application aligns with all mandated prerequisites, naturally increasing the likelihood of a favourable outcome.
- We extend our assistance with preparing your application right through to the visa's approval, including collaborating with you to address any additional requests made by the Department of Home Affairs.
Child visa costs
There are two main costs associated with Child visas:
Professional fees
Our fees will vary depending on the circumstances of your application. Some applications will be more complex than others and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about what the total costs associated with their child visa application will be. We offer payment plans based on different financial needs to provide flexibility for our clients.
Department fees
At time of posting, the current fee for the Department of Home Affairs in relation to a child visa application is from $3,055. This fee must be paid upfront, and the Department does not accept split payments. Payment can be made using debit/credit card, PayPal, UnionPay and BPAY.
Visa application process
Applying for a visa to Australia can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you apply for the right visa.
1. Consultation and engagement
Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
2. Preparation and support
We will prepare written submissions in support of your visa application. This will be based on your individual circumstances, and supported by evidence where appropriate.
3. Submission and communication
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.
4. Representation and success
We will keep you informed about your application, and notify you of the outcome. If you receive an unfavourable outcome and we can reapply, we will!
Processing times
Processing times for child visas are between 6 to 25 months and could possibly take longer if application forms are not completed correctly or if all the required documents are not provided. Therefore, it is recommended to seek professional legal advice to prevent potential delays or refusals.
Considerations
We, as legal practitioners, cannot offer guarantees regarding the approval of your Partner visa, as no such assurance is possible. The decision rests solely with the Department of Home Affairs and is not determined by any individual representative, lawyer, or migration agent. However, our in-depth understanding of the legal framework positions us to significantly improve your chances of a successful outcome.
The following visa conditions may be attached:
- Not enter Australia before the person specified in the visa entered Australia.
- Not marry or enter into a de facto relationship before entry
Meet your Australian Migration Lawyer
We’re a diverse team of professionals with decades of combined experience. We care about your situation and will make sure you always get the support and advice you need.
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Locations
We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
Melbourne
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Sydney
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Perth
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Gold Coast
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Brisbane
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Adelaide
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Canberra
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Darwin
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Hobart
Learn moreFrequently asked questions
Read our most commonly asked questions about child visas:
Can other children be included in the application?
Siblings of the child may also apply for the child visa but must submit a separate application. The child’s dependent child can be included on their application provided they meet the health requirement.
What is the travel period?
The child is permitted to travel in and out of Australia for five years.
Can parents apply on the child’s behalf?
Applications are ordinarily completed by the child’s parent on behalf of a child under 18 years of age if the parent is an Australian citizen, an Australian permanent visa holder or an eligible New Zealand citizen.
What are the requirements for adopted children to obtain this visa?
The adopted child must have been adopted before turning 18 years of age by a parent who was not an Australian citizen, permanent resident or eligible New Zealand citizen at the time of adoption.
About the content author
Perry Q Wood is Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.
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