Child Onshore (Subclass 802) Visa

Type of Visa

Permanent

Estimated Cost

Starting from AUD 3,055

Typical processing times

  • 75% of applications: 10 months
  • 90% of applications: 12 months

Enables child applying to:

  • come to Australia to live as a permanent resident
  • undertake formal study in Australia
  • use the Australian public healthcare system, Medicare
  • eventually submit an application for Australian citizenship if they meet the other eligibility criteria

The child must

  • have an Australian permanent resident, or Australian or New Zealand citizen as their parent or legal guardian
  • be either 17 or younger; 18 or over but unable to work because of a disability; or aged between 18 and 25 and in full-time study
  • be unmarried and be dependent on their parent or legal guardian
  • be physically present in Australia both at the time when the application is submitted and when the Australian government makes its decision

Children applying for this visa can

  • come to Australia to live as a permanent resident
  • undertake formal study in Australia
  • use the Australian public healthcare system, Medicare
  • eventually submit an application for Australian citizenship if they meet the other eligibility criteria
  • Travel freely from and to Australia for a period of five years after the visa is granted
    • After the five-year travel permission expires, the child will need to be granted a Resident Return (RRV) visa in order to re-enter the country after leaving
    • At this point, they may be eligible to apply for Australian citizenship and they or their parent/guardian should consider this option to avoid the need to renew their travel permissions

Adding other children to this visa

Separate applications should be submitted for any siblings.

However, if the child submitting the application has their own dependent children, it is possible to include these in their application. Any children applying in this way must meet the Department of Home Affairs’ health requirements. In some circumstances, the non-travelling family members of the applying child can also be required to meet the health requirements.

Cost

The estimated cost of an application for this visa is AUD 3,055. This charge applies to the primary applicant child only, and there will be an additional child for any dependent child attached to the application.

There may also be further charges for any biometric data collection, criminal record certificates or formal health checks that may be required.

Application location

In order to be eligible to make an application for this visa, the child must be physically located in Australia and have previously passed through immigration clearance. This must be the case both when the application is submitted and when the decision is made.

Applicants and their dependents must abide by all Australian laws, including immigration law. Individuals with ‘no further stay’ conditions on their current visa are not eligible for this visa.

Visa processing times

How long it takes to process this visa will vary depending on the caseload of the relevant Australian authorities, the individual circumstances of the applicant and the complexity of their application. Applications can be delayed if they are completed incorrectly, do not include the required information or supporting documentation or if more information is required in order to reach a decision.

Children must be dependents

Any children applying for this visa must have a dependent parent. The child must be either their parent’s biological child, stepchild or adopted child.

Adopted children

If the child’s parent became a citizen or permanent visa holder of Australia (or an eligible citizen of New Zealand) before the child’s adoption took place, the adoption must have taken place:

  • as an inter-country adoption with the assistance of an Australian territory or state authority; or
  • as an inter-country adoption via an arrangement between two countries under the Hague Adoption Convention (formally known as the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption); or
  • as an adoption by an expatriate Australian or eligible New Zealand citizen, or an Australian permanent visa holder, living outside of Australia for more than 12 months before the adoption was finalised

Stepchildren

Stepchildren must meet the following criteria to be eligible for this visa:

  • they must be under 18
  • they must be their parent’s former partner’s child

The qualifying step-parent must have legal guardianship of the child, either under Australian law or that of another country. If applying based on Australian law, proof of either a parenting order, legal guardianship or custody will usually be sufficient.

Sponsorship

The child applying for this visa needs to be sponsored, either by an eligible parent or by the spouse or partner of their parent.

Age

The child must be either:

  • be either 17 or younger;
  • 18 or over but unable to work because of a disability;
  • aged between 18 and 25 and in full-time study

Applications for children aged over 18 years

For dependent children aged 18 or over, they:

  • must not be engaged; and
  • can not have previously been in a legal or de facto formal relationship

Applications for disabled children over 18

Disabled children over 18 must:

  • have diagnosed total or partial loss of mental or bodily function
  • be unable to undertake full-time work
  • be financially dependent on the sponsoring parent

Applications for children aged 18-25 in full-time study

Older children in full-time study must:

  • be in full-time study at both the time of their application and when a decision is made
  • not undertake full-time work
  • be financially dependent on the sponsoring parent

Full-time study is considered to be a full-time course which requires attendance at classes, and which leads to a formal qualification. It must have started after the applying child turned 18 or within around 6 months of their finishing school.

Partners

The applying child must not be:

  • married
  • engaged
  • in a de facto formal relationship

Applying children aged 18 or over must not have been married previously.

Health and character requirements

The applying child and any dependent children will be expected to meet the Australian government’s standard health and good character requirements for visa applications.

Debts to the Australian Government

The applying child and their family members must be free of debt to the Australian Government in order to be eligible for this visa. A visa may be granted in some circumstances where the applicant owes the Australian Government money, provided that there is a formal repayment arrangement in place.

Australian Values Statement

Applying children aged 18 or over will be required to:

  • have read the Life in Australia booklet, or have had it explained to them by
  • sign the Australian Values Statement, which affirms that they will respect Australia’s way of life and obey the law

Previous visa cancellations or refusals

An applying child may be considered ineligible to apply for this visa if they have previously had a visa cancelled or an application refused for any reason.

Consent to immigrate to Australia

This visa will only be granted to children aged under 18 if the Australian government is satsified that:

  • it has the formal written consent of every responsible adult and/or agency which has the legal power to decide where the child lives; or
  • the law of the child’s current home country allow them to leave that country; or
  • granting the visa is consistent with any Australian child order which may have been issued

Best interests of the child

In addition to all other considerations, this visa may not be granted if the Australian authorities deem that to do so would not be in the child’s best interests.

Book your no-obligation consultation today with our Registered Migration Agents in Melbourne, and find out the right visa options for your unique circumstances.