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Child Visa (101 and 802): Bring Your Child to Live With You Permanently

If you are an Australian citizen, permanent resident or eligible New Zealand citizen, you can sponsor your dependent child to live here for good. The 101 is for a child outside Australia, the 802 is for a child already onshore. Both give permanent residence on grant, and because child visas sit high on the priority list, they usually move faster than other family visas.

Permanent residence on grant Offshore (101) or onshore (802) Higher priority, often faster

What the 101 and 802 Are

These two visas do the same job, give your dependent child permanent residence in Australia, with one difference: where the child is when they apply. The Child visa (101) is for a child living outside Australia. The Child visa (802) is for a child already here onshore. You, the parent, are the sponsor in both cases, and you must be an Australian citizen, a permanent resident or an eligible New Zealand citizen.

The child has to be your dependent child, and dependency is defined in a specific way. Under the rules currently set by the government and reviewed over time, they must be under 18, or aged 18 to under 25 and studying full time while still dependent on you, or 18 or over and unable to work because of a physical or mental incapacity. If the child does not fit one of those situations, the child visa is not the right path, and we will look at other options with you.

Child visas are treated as high priority. Because they involve keeping parents and children together, they generally sit ahead of other family visas in the queue and tend to move faster. We still frame timeframes carefully, processing depends on your case and current Departmental settings, but as family visas go, this is one of the more reliable ones for getting an answer.

What You'll Need

  • A parent who is an Australian citizen, permanent resident or eligible New Zealand citizen, as the sponsor
  • The child to be your biological, adopted or step child, and genuinely dependent on you
  • Proof the child fits the dependency rules as currently set by the government, under 18, a full-time student dependant aged 18 to under 25, or unable to work due to incapacity
  • The right subclass for where the child is, 101 offshore or 802 onshore
  • The usual health and character requirements for the child

A couple of things often catch people out. If your child was adopted overseas, the application usually goes through the Adoption visa (102) instead of the child visa, and the rules there are different. And if you are lodging your own partner visa and want to include a child, that child is often added to your partner application rather than applying separately. We will make sure you are on the right track before anything is lodged.

How We Help

We start by confirming the basics, that you can sponsor and that your child meets the dependency test for their age. Then we pick the correct subclass, work through the evidence of your relationship and the child's dependency, and prepare a clean, complete application. For older children claiming dependency through study or incapacity, the evidence needs to be right, and that is exactly where good preparation makes the difference. The aim is simple, to get your child here permanently with as little friction as possible.

Your Child Visa Questions

Should I lodge the 101 or the 802?

It comes down to where your child is when they apply. If your child is outside Australia, you lodge the 101. If your child is already onshore on a valid visa, you lodge the 802. Both lead to the same outcome, permanent residence, so the choice is really about their current location, and we will confirm which one fits before anything is lodged.

My child is over 18. Can they still qualify?

Possibly, but only in specific situations. Under the dependency rules currently set by the government and reviewed over time, a child aged 18 to under 25 can qualify if they are studying full time and still financially dependent on you. A child 18 or over can also qualify if they are unable to work because of a physical or mental incapacity. Outside those situations the child visa usually is not available, and we will talk through the alternatives, so we will confirm where your child stands.

My child is adopted. Is this the right visa?

Often not. If your child was adopted, the application usually goes through the Adoption visa (102) rather than the child visa, and the requirements there are different. There are nuances depending on how and when the adoption happened, so it is worth checking early. We will look at your circumstances and point you to the correct pathway before you apply.

How long does a child visa take?

Child visas are treated as a high priority because they keep families together, so they generally move faster than other family visas. That said, processing times are set by the Department and reviewed over time, and they depend on your case and current demand, so we will not promise a fixed timeframe. We will give you a realistic picture based on the latest information when we take on your file.

Let's Bring Your Child Home.

Whether your child is overseas or already here, we will confirm dependency, pick the right subclass and lodge a clean application. Let's get started.

OMARA registered, MARN 2217857
Child visas treated as high priority
Perth office, online across the world
Or call 08 6289 1410
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or call 08 6289 1410

OMARA registered
Honest assessment
Perth & online Australia-wide