101 – Australia Child visa
The child visa pathway allows parents to sponsor their children to join them in Australia. If the child is younger than 18 years, the parent can apply on behalf of the child.
This visa is suitable for a child of an:
- Australian citizen
- Australian permanent resident, or
- eligible New Zealand citizen
Note: In most cases the child (applicant) must be under 18 years of age.
If granted, this permanent visa will allow a child to travel to and remain in Australia with their parent sponsor.
- Visa Applicants
- Visa holders
The Australia child visa (subclass 101) makes it possible for parents with children abroad to sponsor their children to live in Australia indefinitely.
If the visa is granted, the visa holder is entitled to:
- live in Australia permanently
- unlimited travel to and from Australia for five years after the visa is granted
- work in Australia
- study at any educational institution in Australia
- enrol in social services such as Medicare
- apply for citizenship once the citizenship criteria has been met
- provide sponsorship for eligible relatives
If the adopted child lodges the application outside Australia, the adoption must have taken place before the adopting parent became a:
- citizen of Australia, or
- holder of a permanent Australian visa, or
- an eligible New Zealand citizen
If the child was adopted after the parent became an Australian citizen, permanent Australian visa holder or an eligible New Zealand citizen, the adopting parent should lodge an Adoption Visa (subclass 102).
Before applying for a child visa, the applicant or the parent of the applicant must ensure all criteria is met to avoid your application being refused.
The information below outlines the general criteria applicants and their sponsors must meet to be considered eligible.
The sponsor of the child must either be:
- a permanent Australian visa holder
- Australian citizen, or an
- eligible New Zealand citizen
A stepchild only falls under the Child visa category if:
- the step-child is under 18 years old, and
- the sponsoring step-parent is legally responsible for the step-child, but is no longer the partner of the child’s related parent
The requirements for this visa state that the child must be single. The child cannot be married, be in a de facto relationship or be engaged.
If the child is 18 year or over, they must never have been married or have been in a de facto relationship.
In order for the child to be considered dependent on their sponsor they must be completely reliant on their sponsor – a child under 18 years is considered to be a dependent child. A child who has already turned 18 years of age, can still be considered a dependent child if they are more reliant on their sponsor than any other person or source of financial support.
Where the child has relied on their sponsor to provide food, shelter and clothing for a substantial period of time (generally 12 months), or where the child is reliant on their sponsor due to disabilities (partial loss of bodily functions or mental functions) the child may be considered to be dependent on their sponsor.
At the time the visa application is lodged, the child must be under 25 years old. In cases where the child has already turned 18 years, they must be a full time student and in addition they must be financially dependent on their sponsor (usually the parent).
Full time students must be enrolled and must actively participate in a post-secondary and full-time course which leads to a professional or vocational qualification. The student will be required to have been attending that course since turning 18 or have started their studies within 6 months of completing secondary school.
Note: Any child in full-time employment will not be considered dependent on their parent.
In addition to the guidelines mentioned above, there may be other factors which could influence the eligibility of a child’s application for a visa to Australia, e.g.
- relationship status of the child
- general health
An Assurance of Support (AoS) is a legal undertaking by the sponsor, family relative, an organisation, or any other person who may be eligible to be an assurer, to repay certain social security payments to the Australian Government which has been paid to a person or their family members applying to migrate to Australia during their AoS period.
If granted, the holder of a child visa (subclass 101) is required to uphold the Australian way of life, just like any other holder of a permanent residence visa.
The sponsor of the child (usually the parent) must sign a sponsorship undertaking. After signing the sponsorship undertaking, the parent will be:
- responsible for any financial obligations that the child may incur i.e. to the Australian government
- responsible for taking care of the child, by providing adequate accommodation as well as any financial support that the child may need
- required to provide all the necessary information for the child to settle in Australia
- liable for any support with regards to English tuition fees
- required to notify the Department of Home Affairs immediately if the child’s eligibility for a Child visa changes
If this visa is granted the child must comply with all Australian laws in addition to any obligatory conditions in their visa i.e. the applicant may not marry before arriving in Australia.