Child Visa (Subclass 101 – Offshore)
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Child Visa(Subclass 101-Offshore)
The Minor Overseas Visa, falling under category 101, is designed for children residing abroad, offering them an opportunity to relocate to Australia and reside with their parents. This visa pathway is an essential provision for family reunification, ensuring that children can join their parents in Australia and enjoy the benefits of living in a supportive family environment
Eligibility Criteria for the Child Visa Application
An application can be made for a child if they are:
- Under the sponsorship of their guardian or the partner of their guardian
- Unmarried
- Below the age of 18, or
- Engaged in full-time studies and aged between 18 and 25, or
- Over the age of 18 with a disability that prevents employment, relying on the sponsor for support Children applying may also include their own dependents in their application
Who is Qualified to Sponsor the Child?
A child may be sponsored by:
- A parent who is an Australian citizen
- A bearer of an Australian permanent resident visa or a qualified citizen of New Zealand
- The child's parent’s spouse or de facto partner is also eligible to sponsor Additional sponsorship scenarios include
- A step-parent not in a relationship with the child’s biological parent but legally tasked with the child’s care, given the child is under 18
- An adoptive parent who completed the adoption before obtaining Australian citizenship, permanent residency, or New Zealand eligibility Sponsors can apply from outside Australia and need not be onshore at the time of application. Sponsorship is still possible if the sponsor
- Has been approved for Australian permanent residency but has not yet arrived in Australia In instances where a child is adopted post the sponsor's citizenship or permanent residency attainment, an Adoption visa (subclass 102) application is recommended
Parental Responsibility Requirements
For children under 18, the visa will only be granted if:
- There is written consent from every person with legal authority over where the child resides
- The child’s home country's laws allow the child’s relocation
- The move aligns with any existing Australian child orders Applicants should consult the detailed document checklist to ensure all necessary documents are provided to support the visa application
Other Essential Criteria
The Australian immigration authorities have put measures in place to protect children. These measures are taken into account before granting the visa, especially if granting the visa is not in the best interest of a child under 18
Additional requirements include
- An assurance of support for the child may be requested to ensure the Australian community does not bear the welfare costs, provided on an as-needed basis
- The child must satisfy specific health requirements, with validity usually up to 12 months, applicable to both migrating and non-migrating dependent family members
- Children over 16 must comply with character requirements and may need to provide police certificates from any country they have lived in for at least 12 months within the past decade, after turning 16
- The child must have no due debts to the Australian Government or must have arranged to settle such debts
- Provision of biometrics might be a part of the application process
Benefits of This Visa
Upon approval, this permanent residence visa permits the child to
- Reside indefinitely in Australia
- Engage in work and education within Australia
- Enroll in Medicare, Australia’s healthcare program
- Seek Australian citizenship, if eligible
- Sponsor family members for permanent residence
- Travel to and from Australia for five years from the visa issuance date – after this period, re-entry will require another visa
DISCLAIMER: This information is provided for general understanding only and does not constitute legal advice. Always refer to the latest information directly from the Department of Home Affairs at Department of Home Affairs Website
FAQ
If you are applying this visa under the post-study work stream, a skill assessment is not needed.
Only if you are applying under the Graduate stream, you must provide an evidence of having your skills assessed by the relevant authority.
While the checklist varies depending on different cases, some of the common documents required are:
- Current passports or travel documents
- Copy of birth certificate showing parents of both primary applicant and the spouse
- Evidence of name change
- Certified copies of marriage certificates
- If you are in de facto relationship, evidence showing a relationship for at least 12 months is required
- If the spouse is widowed, divorced or separated permanently, a certified copy of death certificate, divorce or separation documents are required.
- Health & Character documents
Visa Subclass
- Child Visa (Subclass 101 – Offshore)
- Child Visa (Subclass 802 – Onshore)
- New Zealand Citizen Family Relationship Visa (Subclass 461)
- Remaining Relative Visa (Subclass 115)
- Adoption Visa (Subclass 102)
- Aged Dependent Relative Visa (Subclass 114 and 838)
- Carer Visa (Subclass 116 and 836)
- Temporary Work (International Relations) visa (subclass 403)