SUBCLASS 802

Child Visa (Subclass 802)

Table of Contents

This visa allows a child to live with parents residing in Australia.

This visa allows a child to stay in Australia permanently and live with their parents.

This visa grants the child the following privileges:

  1. To stay in Australia indefinitely.
  2. To work and study in Australia.
  3. To enrol in Medicare, Australia’s public healthcare scheme.
  4. To sponsor relatives to come to Australia.
  5. To travel to and from Australia for 5 years.
  6. To apply for Australian citizenship, if eligible.

Eligibility Criteria

You can apply for the child visa if the child meets the following criteria:

  1. The child must be sponsored by an eligible parent or their parent's spouse or de facto partner. Sponsorship approval is subject to considerations regarding the parent's criminal history related to offences involving children.
  2. The child must be under 18 years old or if over 18, either studying full-time or with a disability.
    • If the child is over 18 and under 25:
      • The child must be a full-time student when they apply and when the visa application is decided.
      • They can't work full-time.
      • They must be financially dependent on their parents more than any other person.
    • If the child is over 18 with a disability:
      • They must have totally or partially lost their bodily or mental functions.
      • They can't work full-time.
  3. The child can't be married, engaged, or in a de facto relationship.
  4. The child and any dependants applying with them must meet the health requirement. Dependent children not applying might also need to meet the health requirement.
  5. If the child is 16 or older, they must meet the character requirement. Other family members might also need to meet this requirement.
  6. Have paid back any debts owed to the Australian Government or have a formal arrangement in place.
  7. Children aged 18 or older must read the Life in Australia booklet and sign the Australian Values Statement, pledging to obey Australian laws and respect the Australian way of life.
  8. For children under 18, written consent or legal considerations must align with Australian child order laws.
  9. The granting of this visa is in the best interests of the applicant aged under 18.

Dependency and Adoption Criteria

Dependency Requirement

  1. The child must rely on a parent who is an Australian citizen, an eligible New Zealand citizen, or an Australian permanent visa holder.
  2. The parent can be the child's biological, adopted, or step-parent (from a former partner).
  3. The child doesn't meet the dependency requirement if the stepparent is currently married or in a de facto relationship with the child's biological or adopted parent.

Adopted Children

  1. For eligibility, the adoption must be finalised before the child turns 18.
  2. The adoption can occur before or after the parent becomes an Australian citizen, Australian permanent visa holder, or eligible New Zealand citizen.
  3. If adopted after the parent's Australian citizenship, the adoption must follow specific guidelines involving Australian authorities or international agreements.
  4. It's crucial to seek legal advice in both Australia and the child's country of residence before proceeding with expatriate adoption due to associated risks.

Stepchildren

  1. Eligible stepchildren must be under 18 and the child of their stepparent's former partner.
  2. The stepparent must have an Australian parenting order or legal guardianship/custody under Australian or foreign law.

Citizenship by Descent

Instead of a visa, the child may apply for Australian citizenship by descent if born outside Australia and one parent was an Australian citizen at the time of their birth.

Contact Us

For those considering our services, we provide an initial meeting. In this session, we will simplify the legal aspects of the visa, explain the process ahead, and address any questions you may have.

To set up an initial discussion with us, please reach out to one of our experienced immigration lawyers at (02) 9590 3987.

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If you would like to proceed with our firm or require further information, simply complete our enquiry form below or email or phone us.

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