Child Visa Australia

Children can be eligible for a child visa providing that they are:

• Aged under 18, and;
• Not married, engaged or in a de facto relationship

Depending on the circumstances, it is possible for individuals aged 18 or over to be considered a child for visa purposes.

Visa options for children already in Australia

Scenario 1: A child is sponsored by their parent or parent’s partner to become a permanent resident of Australia living in their household.

Visa option: Child (Permanent) (Subclass 802)

To be eligible to apply for for a Child (Permanent) (Subclass 802) visa, the applying child should:

• be physically located in Australia when they apply
• have the sponsorship of either their parent, or their parent’s partner

If a child is aged 18 or over, they must be single and either:

• in full-time study and financially dependent on their sponsor; or
• not able to work because of a disability

Scenario 4: A relative sponsors an orphaned child to live in Australia as a permanent resident.

Visa option: Orphan Relative (Permanent) (Subclass 117)

To apply for an Orphan Relative (Permanent) (Subclass 117) visa, the child must:

• be physically outside of Australia when submitting their application
• have an eligible relative sponsor them
  • the relative should be a brother, sister, aunt, uncle, grandparent, niece, nephew or step-equivalent
  • they should also be a citizen or permanent resident of Australia, or an eligible citizen of New Zealand
• be unable to be cared for by their parents because of loss, death or permanent incapacity
• be aged under 18

Scenario 5: A child who has been adopted overseas is sponsored to live as a permanent resident in Australia by a citizen or permanent visa holder of Australia, or an eligible citizen of New Zealand. Ths adoption process may be completed or ongoing.

Visa option: Adoption Visa (Permanent) (Subclass 102)

To apply for the Adoption Visa (Permanent) (Subclass 102) visa, the child should be:

• physically located outside Australia when the application is submitted
• adopted:
  • as an inter-country adoption with the assistance of an Australian territory or state authority (under the Hague Adoption Convention or other adoption agreement, or as a bilateral adoption with another country’s competent authority)
  • 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
• sponsored by either their adoptive parent or their adoptive parent’s partner
• aged under 18 both at the time of submitting their application and when a decision was made

Visa options for a child inside or outside Australia

Scenario 6: A child’s parent is in possession of a temporary partner visa, and that child was not includedwhen the application for that visa was submitted.

Visa option: Dependent Child Visa (Subclass 445)

To apply for a Dependent Child Visa (Subclass 445) visa, a child:

• can be located either inside or outside Australia at the point at which they submit an application for this visa
• should be the dependent child of a parent in possession of either a Partner Provisional visa (subclass 309), Interdependency visa (subclass 310), Dependent Child visa (subclass 445), Partner visa (subclass 820) or Interdependency visa (subclass 826)
• should (with limited exceptions) be sponsored by the same individual who has sponsored their parent for their own visa

In the event that the child submitting the application is aged 18 or more, they should be:

• the financial dependent of the parent in possession of a temporary partner visa, or
• not able to undertake work because of a disability.

IMPORTANT:

If the child in question wishes to be eligible to be included on the same permanent partner visa as their parent, they must apply for this visa if they were not included on that parent’s original application for the temporary partner visa.

Once this visa has been granted to the child, they should immediately submit an application for the same permanent partner visa as their parent. This application should be made before their parent receives a decision on their permanent partner visa application, otherwise the child may have difficulties finding a suitable visa to apply for to enable them to reside in Australia with their parent.

To be eligible to sponsor a child, an individual must be aged 18 or more and either:

• a citizen of Australia
• an eligible citizen of New Zealand
• a holder of permanent residency in Australia