Child visa Subclass 101 802

This visa allows a child to stay in Australia permanently and live with their parents. If your child is currently outside Australia, you should apply for subclass 101 whereas onshore applicant should apply for subclass 802.

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Part A: Subclass 101 – Offshore applicant
  1. Subclass 101 Introduction
  2. Subclass 101 Sponsor
  3. Subclass 101 Eligibility and Conditions
  4. Subclass 101 Checklist
  5. Subclass 101 Procedure
  6. Subclass 101 Proceeding time
  7. Subclass 101 Costs
  8. Subclass 101 FAQ
    • Can the child travel to and from Australia after granted the visa?
    • Child Visa refusal
Part B: Subclass 802 – Onshore applicant
  1. Subclass 802 Introduction
  2. Subclass 802 Sponsor
  3. Subclass 802 Eligibility and Conditions
  4. Subclass 802 Checklist
  5. Subclass 802 Procedure
  6. Subclass 802 Proceeding time
  7. Subclass 802 costs
  8. Subclass 802 FAQ
    • Child Visa refusal
    • Do I have to inform the Department if I want to travel overseas while the Department process my application?

New policies during the COVID-19:COVID-19 Visa Concessions for Partner and Child visas 

Part A: Child visa Subclass 101

1.Subclass 101 Introduction

This is a permanent visa enables a child outside Australia move to Australia to live with their parents. If the child has siblings who want to apply, submit separate applications for each sibling.

After granted this visa, the visa holder can

  • Stay in Australia indefinitely
  • Work and study in Australia
  • Sponsor relatives to come to Australia
  • Study and access Medicare
  • Apply for Australian citizenship if eligible

 

Subclass 101 Sponsor

To become a sponsor, you must be an

  • Australian citizen, eligible NZ citizen or holder of an Australia permanent visa
  • Be the child’s parent or their parent’s current spouse or de facto partner
  • Aged 18 or older
  • You must provide adequate accommodation and financial support to the child for their first 2 years in Australia.

Applying this visa is free and the processing times is ranging from 13 months to 21 months.

 

Subclass 101 Eligibility and Conditions

To be eligible to apply for this visa, the applicant must satisfy the following requirements.

  • Be dependent on their parent who is an Australian citizen, eligible New Zealand citizen or Australian permanent visa holder
  • Sponsored by an eligible parent or their parent’s spouse or de facto partner
  • Under 18 years old or over 18 and under 25 years and studying full time, or over 18 years with a disability
  • Have no partner
  • Meet the health requirement
  • Meet the character requirement
  • Have paid bank debt to the Australian Government
  • Sign the Australian values statement
  • Have consent to migrate to Australia

There are two conditions attached to this visa.

Condition 8502
You must not enter Australia before person specified in visa has entered Australia. This is usually the main visa holder or other relevant person such as your sponsor in the case of a Partner visa.

Condition 8515
You must not marry or enter into a de facto relationship before entering Australia.

 

Subclass 101 Checklist

Applicant

Identity documents such as passport

Photograph such as 4 recent passport size photos of the child with less than 6 months and for any dependent child included in the application.

Travel documents

Applicant circumstances documents

  • Applicants aged 18 to 25 years and study
    • Evidence of full-time enrolment
    • Actively participating in a post-secondary course of study
    • Statement to explain any gaps longer than 6 months between their final years of secondary school and further studies
  • Applicants aged 18 or older with disability
    • Evidence from a qualified medical practitioner the applicant has a total or partial loss of mental or body impairment.

Child’s relationship to the parent

  • Birth certificate
  • Marriage certificate
  • Family status certificate or family book

Financial documents

  • Bank statement
  • Money transfer
  • Rent receipts

Dependants under 18 documents

Parental responsibility documents

  • Form 1229
  • Statutory declaration giving their consent for the child to stay Australia on this visa

Character documents

Sponsor

Identity documents

Provide the pages of your current passport showing your photo, personal details, and passport issue and expiry dates.

If you have changed your name, provide proof such as:

  • a marriage or divorce certificate
  • change of name documents from an Australian Registry of Births, Deaths and Marriages, or the relevant overseas authority
  • documents that show other names you have been known by

Relationship to the applicant documents

  • a birth certificate
  • marriage certificates
  • death certificates
  • adoption certificates
  • family status certificates or family books, if officially issued and maintained

If you are a step-parent but no longer in a relationship with the child’s parent, you must provide documents to show:

  • you were the partner of the child’s parent
  • you have legal parental responsibility for the child
  • the child’s parentage
  • that the child is under 18

Residence and citizenship documents

Provide evidence that you are an Australian citizen, Australian permanent resident or eligible New Zealand citizen such as:

  • a birth certificate
  • evidence you hold an Australian passport or that you are a permanent resident
  • an Australian citizenship certificate
  • if you are a New Zealand citizen, evidence to show how long you have lived in Australia and your continued links to Australia

Financial documents

You might need to provide:

  • income records
  • tax records
  • other evidence you can support the child

If you pay child support or have provided an assurance of support for anyone else, you must provide a statement that shows:

  • your relationship with the person you support
  • when you submitted any other sponsorship applications or assurances of support
  • how much and how often you make any support payments

Police check documents

If the child will be under 18 when we make a decision on the application you must give us:

  • an Australian National Police Certificate if you have lived in Australia for any length of time since turning 16
  • an overseas police certificate from every country, where you spent 12 months or more in the last 10 years since turning 16.

If you have a spouse or de facto partner they must also provide these documents.

For immigration purposes, police certificates are valid for 12 months from the issue date.

 

Subclass 101 Procedure

Step 1: Ensure you have all the required document with you

Step 2: Lodge your application on paper using Form 47CH Application for migration to Australia by a child and Form 40CH Sponsorship for a child to migrate to Australia.

Step 3: Visa Outcome

 

Subclass 101 Proceeding time
  • 25% of applications: 6 Months
  • 50% of applications: 9 Months
  • 75% of applications: 14 Months
  • 90% of applications: 24 Months

 

Subclass 101 Costs

The visa costs AUD3055 for the main applicant. Other fees may apply.

 

Subclass 101 FAQ

Can the child travel to and from Australia after granted the visa?
Yes, the child can travel to and from Australia as many times as they want for 5 years from the date you grant this visa as long as the visa is valid. Within the first 5 years, the child will need to apply and be granted a Resident Return PPV visa to re-enter Australia as a permanent resident.

Child Visa refusal
You will be informed of reasons for the refusal and of your appeal rights to the Administrative Appeals Tribunal.

 

Part B Subclass 802 Child visa for onshore applicant

Subclass 802 Introduction

This is a permanent visa enables a child to stay in Australia permanently and live with their parents. If the child has siblings who also want to apply, submit separate applications for each sibling.

After granted this visa, the child can

  • Migrate to Australia as a permanent resident
  • Study and access Medicare
  • Apply for Australian citizenship if eligible

 

Subclass 802 sponsor

To become a sponsor, you must be an

  • Australian citizen, eligible NZ citizen or holder of an Australia permanent visa
  • Be the child’s parent or their parent’s current spouse or de facto partner
  • Aged 18 or older
  • You must provide adequate accommodation and financial support to the child for their first 2 years in Australia.

Applying this visa is free and the processing times is ranging from 13 months to 21 months.

 

Subclass 802 Eligibility and Conditions

To be eligible to apply for this visa, the applicant needs to satisfy the following requirements.

  • You must be a dependent child of a parent who is an Australian citizen or eligible NZ citizen or holder of an Australian permanent visa
  • Be under 18 years, a full-time student aged over 18 and under 25, or over 18 and unable to work due to disability
  • Be single and dependent on the parent
  • By in Australia when the application is made and when the Department make our decision
  • Sponsored by an eligible parent or their parent’s spouse or de facto partner
  • Meet the health requirement
  • Meet the character requirement
  • Sign the Australian vales statement
  • Not have had a visa cancelled or previous application refused
  • Have consent to migrate to Australia
  • Best interests of the child

There is no condition attached to this visa.

 

Subclass 802 Checklist
  • Identity documents such as passport
  • Travel documents such as a certified copy of passport or other travel document
  • 4 recent (less than 6 months) passport-size photos of the child and for any dependent child
  • Evidence of the child’s relationship to the such as birth certificate, marriage certificate or family status certificate or family book
  • Financial document such as bank statements, money transfer, rent receipts
  • Applicant circumstances documents
    • Evidence of full-time student in a post-secondary course of study for applicants aged 18 to 25 years
    • Evidence from a qualified medical practitioner shows that the applicant aged 18 or older with disability has a total or partial loss of mental or body function that stops them from working
  • Parental responsibility documents such as Form 1229 Consent form to grant an Australian visa to child under the age of 18 years and a statutory declaration giving consent for the child to stay Australia
  • Character documents if necessary

 

Subclass 802 Procedure

Step 1: Ensure you have all the required document from the checklist

Step 2: Apply on paper using Form 47CH Application for migration to Australia by a child and Form 40CH Sponsoring for a child to migrate to Australia

Step 3: Visa Outcome

 

Subclass 802 Proceeding time
  • 25% of applications: 5 Months
  • 50% of applications: 7 Months
  • 75% of applications: 11 Months
  • 90% of applications: 19 Months

 

Subclass 802 Costs

This visa costs AUD 3055 for the main applicant.

There will be a charge for each dependent child in your application and other fees may apply. You can use the Department’s website calculator to estimate the costs of this visa.

 

Subclass 101 FAQ

Child Visa refusal
You will be informed of reasons for the refusal and of your appeal rights to the Administrative Appeals Tribunal.

Do I have to inform the Department if I want to travel overseas while the Department process my application?
Yes, you have to inform the Department if you want to travel overseas while the Department process your application as the child must be in Australia when they make the decision.

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