What are the Child Visa Options in Australia? | Family Migration Program
The Child category in the Family Migration Program allows children to be sponsored for permanent residency (PR) in Australia. Generally speaking, children are sponsored by their biological or adoptive parents. In addition to child visas, there is also an Orphan Relative visa option for children whose parents are deceased, cannot care for them, or cannot be found.
What are the Current Visa Options for Children?
1. Child Visa (Subclass 101/802)
The Child Visa allows biological, adopted, or stepchildren of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia permanently. This visa has two main subclasses based on the child’s location at the time of application:
Child Visa (Subclass 101): For children applying from outside Australia.
Child Visa (Subclass 802): For children applying from within Australia.
Child Visa (Subclass 101/802) Eligibility Criteria:
The child must be dependent on an Australian citizen, permanent resident, or eligible New Zealand citizen.
The child must be single and:
Under 18 years of age, or
Under 25 if they are a full-time student financially dependent on their sponsoring parent, or
Over 18 years with a disability.
The sponsoring parent must be the child’s biological, adoptive, or step-parent.
The child must meet health and character requirements.
Child Visa (Subclass 101/802) Benefits:
The Child Visa provides a pathway to permanent residency, allowing the child to live in Australia, access education, and apply for Australian citizenship in the future.
2. Adoption Visa (Subclass 102)
The Adoption Visa (Subclass 102) is specifically for children adopted by Australian citizens, permanent residents, or eligible New Zealand citizens through legally recognized intercountry adoption programs.
Adoption Visa (Subclass 102) Eligibility Criteria:
The child must be adopted or in the process of being adopted by an Australian citizen or permanent resident.
The adoption must be arranged by a competent authority (e.g., an overseas adoption authority or Australian state/territory adoption authority).
The child must be under 18 years of age at the time of adoption, at the time of application, and at the time of decision.
The child must meet health and character requirements.
Any Other Special Considerations for Adoption Visa (Subclass 102)?
For families adopting from countries not participating in the Hague Convention or where adoption hasn’t gone through the relevant state or territory authority, the sponsoring parent must meet specific residency requirements. They must demonstrate that they lived overseas for at least 12 months prior to the visa application. This ensures that the adoption was legal and compliant with the laws of the country where it took place and aligns with Australia’s visa requirements for intercountry adoptions outside the Hague Convention framework.
The process is more straightforward if the adoption follows Australia's Hague Convention intercountry adoption rules, prioritizing the child’s protection and rights.
3. Orphan Relative Visa (Subclass 117/837)
The Orphan Relative Visa is intended for children who do not have parents who can care for them. This visa allows a relative to sponsor the child to live in Australia.
Orphan Relative (Subclass 117) Visa: For children applying from outside Australia.
Orphan Relative (Subclass 837) Visa: For children applying from within Australia.
Orphan Relative Visa (Subclass 117/837) Eligibility Criteria:
The child must be under 18 years of age at the time of the visa application.
Both parents must be deceased, permanently incapacitated, or missing.
The child must be sponsored by a relative who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
The sponsoring relative must be a close family member, such as a sibling, aunt, uncle, grandparent, or step relative.
The child must meet health and character requirements.
Orphan Relative Visa (Subclass 117/837) Benefits:
This visa provides permanent residency for children in vulnerable situations, allowing them to be cared for by their Australian family members.
Extra Information About Visa Processing
As of April 2020, all new child visa applications have been processed in the Perth office. Applications lodged before this date may be processed at one of the overseas offices.
If you are looking to sponsor a child to live in Australia, it is essential to explore the available visa options and understand the eligibility requirements for each. For further information, please consult the relevant government websites or experienced migration experts tailored for applicants and sponsors, ensuring you have the latest guidance on the application processes.
How Can Agape Henry Crux Help
It is easy to want to include your family members in your visa application; if your children are over 18 years old, we highly suggest that you speak with us at Agape Henry Crux to have a tailored strategy for your visa pathway. Our Accredited Specialist(s) in Immigration Law and our team of immigration lawyers are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
