Child Visa (Subclass 802 – Onshore)
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Child Visa(Subclass 802-Onshore)
The Minor Visa options (Subclass 802 and 101) enable a qualifying parent to bring their child to Australia to reside indefinitely. This sponsorship is applicable for children under the age of 18.
The Subclass 802 visa is suitable for applications when the child is already present in Australia, whereas the Subclass 101 visa is designated for children living abroad. Holders of either visa are granted permanent residency to stay in Australia with their parents.
Parental Requirements for Visa Eligibility
To be eligible for this visa, a parent must qualify as one of the following(For the Parent)
- A citizen of Australia
- A holder of an Australian permanent resident visa
- A qualified citizen of New Zealand
For the Child
A child must meet the following criteria to be eligible for this visa:
- Must be endorsed by the child's parent or the partner of the parent
- Must be unmarried and under the age of 18 years (excluding adopted children)
- For an adopted child, they should be under 18 years old at the adoption time
- If the child is aged between 18 to 25 years, they must be engaged in full-time education
- The child may include their dependent children in their application
- A child aged 18 years or over who is incapacitated for work due to a disability and relies on the sponsoring parent
For the Sponsor A qualified sponsor is an individual who:
- Is the child's biological parent, step-parent, or adoptive parent
- Is a step-parent who is no longer with the child’s biological parent but still has a legal duty of care for the child under 18 years
- Is an adoptive parent who completed the adoption process prior to their Australian citizenship
- Is at least 18 years of age
Sponsor’s Obligations The sponsor must:
- Cover the cost of the child's stay in Australia without government assistance
- Provide support for living expenses, accommodation, and financial requirements for the initial two years in Australia
- Assist the child with settling in Australia
- Support the child in attending English Language classes to improve their language skills
Parental Duties of the Sponsor To sponsor a child under 18 years of age, the sponsor must meet the following parental duties:
- Obtain written consent from each individual with legal rights regarding the child’s residency
- Secure legal authorization for the child's relocation from their home country
- Ensure that the permission aligns with any Australian legal child custody orders
Advantages of the Child Visa (subclass 820 and 101) This permanent residency visa grants the child the following benefits:
- Remain in Australia indefinitely
- Work and study in Australia
- Access to medical and healthcare benefits under Medicare
- Potential eligibility for Australian citizenship
- Sponsor certain relatives for permanent residency
- Freely travel to and from Australia for five years from the visa issuance date
Parental Proof of Responsibility To secure the visa for a child under 18, a parent must provide:
- Written consent from every individual with a legal stake in the child's living arrangements
- Legal authorization from the child’s home country for their relocation
- Documentation ensuring compliance with any Australian child orders
Health and Character Protocols The child must comply with specific health and character protocols for the visa:
- A health examination not older than one year at the time of application is required. This includes all family members listed in the application, irrespective of their migration plans
- For children 16 years or older, a police clearance certificate is mandatory from every country where the child has lived for 12 months or more over the past decade
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
- Skilled Independent (subclass 189)
- Skilled - Nominated (subclass 190)
- Skilled - Nominated or Sponsored (Provisional) (subclass 489)
- Skilled-Regional (Residence) Visa (Subclass 887)
- Skilled Recognised Graduate Visa (Subclass 476)
- Skilled Work Regional (Provisional) Visa (Subclass 491)