Child Visa (Subclass 802): Know Requirements & Apply

The Child Visa (Subclass 802) allows a child to live in Australia permanently with their parent, who must be an Australian citizen, permanent resident, or eligible New Zealand citizen. Know the Eligibility criteria, processing time, and step-by-step application process.
This permanent visa lets the child work in the country. At the same time, the applicant can take the benefits of the public healthcare scheme by enrolling in Medicare. Additionally, Child Visa 802 allows the child to study and make a career for themselves. If you are also searching for information about the child visa subclass, this detailed post will answer all your questions.

There is no restriction on traveling for the child under this subclass.
For five years, they can travel to and from Australia as many times as they want, as long as the travel facility of this visa allows them to.
After 5 years, they need a Resident Return Visa (RRV) to re-enter Australia.
If they get Australian citizenship, they won't need the Resident Return Visa to enter the country.

Have a sponsor: The foremost requirement for Visa 802 is to have an eligible sponsor. The sponsor must be an eligible parent or parent’s spouse or de facto partner. The department does not approve sponsorship from people who have been convicted or charged with offenses involving children.

Age: The age of the child must be under 18 years at the time of application. On the other hand, if the child is over 18 years of age but under 25 years of age they must be studying full-time. Similarly, if the child is eligible when they are over the age of 18 years but are with a disability.

Have no partner: The child must not be married or be engaged to be married. Similarly, they should not be in a de facto relationship. Additionally, this condition means if the child is over the age of 18 years they must never be married or in a de facto relationship.

Health and Character Requirements: Australia sets strict health and character requirements for immigrants. This applies to the applicants of visa 802 as well. The child and their dependent children must meet the health requirements. The department may also ask for the dependent children who are not applying to meet the standards. Similarly, children over the age of 16 years must meet the character requirements. Any dependent children who apply for this visa might have to meet the requirements.

Pay back debt to Australian Government: You must a back any debts to the Australian government that the child or any member of the family owes. Or there must be a formal arrangement to pay it back.

Be dependent: The child must be dependent on their parent who is an Australian Citizen, permanent visa holder, or an eligible New Zealand citizen. Similarly, they can be biological child, adopted children, or stepchildren of their parents. Please note that the stepparent must not be the current spouse or de facto partner of the child’s biological parent or adopted parent.

The basic difference between the Child Visa Subclass 802 and 101 is the location of the child at the time of the application. Although both are permanent visas Subclass 101 is for children who are outside Australia while 802 is for children who are in Australia.

Eligible Sponsor:

Child must have a sponsor who is a parent or their partner. Sponsor must not have criminal history involving children.

Age Criteria:

Child must be under 18, or under 25 and studying full-time. Children over 18 with disability may also qualify.

No Partner:

Child must not be married, engaged, or in a de facto relationship at any point, even after turning 18.

Health Standards:

Child and dependents must meet Australian health requirements. Non-migrating dependents may also be assessed.

Character Check:

Children aged 16 and over must meet character criteria. Dependent children may also be required to do so.

Debt Requirement:

Any debts to the Australian Government must be repaid, or a formal repayment plan should be in place.

Dependent Child:

Child must be financially and personally dependent on an Australian citizen, permanent resident, or eligible NZ citizen.

Eligible Relationship:

Child can be biological, adopted, or a stepchild, but the stepparent must not be the current partner of the parent.

There are different types of child visas in Australia. You can opt for the visa category that suits your requirement depending upon your child’s circumstances. The types of child visas are;

Subclass 101 child visa

This child visa is for those children who are not staying within the country. With this visa, the children residing overseas can join their Guardians or parents in Australia. It is necessary that the parent/ guardian are an Australian citizen or a permanent resident of the country.
The child has to be below 18 years. If the child is above 18 years then this visa can be availed considering that the child is dependent upon the parents (sponsors) because of a disability.
Once this visa is granted the child gets a permanent residency in the country.
When will be able to work study and live in the country as well as have access to all the facilities that come along with being a permanent resident.

Child Visa Subclass 802

This visa is for those children were already staying in Australia.
The child has to be less than 18 years of age.
In case the age is more than 18 years then it is considered provided the child is financially dependent upon the sponsor due to a disability.
This visa and be on a temporary or a permanent basis depending upon the individual case.
The child can live, work and study in the country within 802 Child’s visa.

Subclass 102 Adoption visa

This visa is for the legally adopted children. The adoptive parents should be Australian citizens or a permanent resident in the country.
Once the child gets this visa, He/she will become a permanent resident in the country.
In order to get this visa the child has to be less than 18 years of age and the adoption should be recognized legally under the Australian rules.
The children holding this visa can you lips study and work in the country and have access to all the facilities in education and healthcare.

Dependent Child visa Subclass 445

The parents, who are temporary visa holders, can apply for this child visa subclass. The children are already residing in Australia. This visa is connects to the parents temporary visa status.
The child has to be below 18 years and should be dependent upon his or her parents.
With this visa the children can stay in the country they secure a more permanent visa.

Orphan relative visa Subclass 117

This visa is for the orphaned children who lose their parents. If they are sponsored by a relative or legal guardian, they are entitled to this visa.
Child should be an orphan under 18 years. There should be no parents to take care of them.
Once the visa is granted children receive a PR status in Australia. They can enjoy access to healthcare education and social welfare facilities in the country.

If you feel that the various visa types are slightly confusing it is always advisable to consult the one of the best child visa agents Australia.

Child Visa (Subclass 802) Application Process

Step- 1.

The foremost step is to check if the child's passport is valid.
You can get help from a registered migration agent or a legal practitioner in Australia. Additionally, you can get immigration assistance from an exempt person. Lastly, you can appoint anyone on your behalf to receive visa-related documentation.

Step- 2.

Prepare your documents

Prepare all the documents that the department may require for your visa application. The Department of Home Affairs may reject your application if you provide bogus or misleading information.
Identification: In case the child has a national identity card you must provide its copy. You also have to curate the child’s current passport copy with their photo, personal details, and issue and expiry date. You must provide proof of change of name that includes documents from the Australian Registry of Births and the documents that establish the child’s earlier names. If the child is adopted you need to provide copies of the adoption papers.
Passport or other travel documents: Submit the current passport or other passports the child has ever had.

Photographs: The department requires 4 passport-size photographs of dimensions 45mm x 35 mm. It should not be 6 months older and should be of good quality color. Additionally, it should show the full face view and shoulders of the child. However, if the child is allowed to wear a head covering for religious reasons.

Relationship Documents: You have to provide documents that establish your relationship with the child. These include a birth certificate, marriage certificate, and a family status certificate. Lastly, you have to provide adoption documents if the child was adopted.

Financial statements: You must provide evidence that the child is dependent on you for basic needs like food, home, and clothing. The evidence includes bank statements, money transfers, and rent receipts. This is applicable when the child is above the age of 18 when the application is made.

Applicant Circumstances Documents: If the child is 18 to 25 and studying full-time, you need to provide evidence of their enrollment in a post-secondary course of study. At the same time, if the applicant is 18 years or older with a disability then you must provide evidence from a medical practitioner that the child has total or partial loss of mental or body function.

Character Documents: If you lived in Australia for more than 12 months you may have to provide an Australian State or territory police certificate. Similarly, you may have to provide a police certificate from the overseas country where you have lived for more than 12 months. If anyone has served in the armed forces of any country then they must provide a military service record or discharge papers.

Step- 3.

You have to apply for this visa on paper only. Fill out the below-mentioned application forms accurately in English:

Form 47CH Application for migration to Australia by a child (587KB PDF)
Form 40CH Sponsorship for a child to migrate to Australia (585KB PDF)
Pay for the application fee using ImmiAccount and include the evidence of payment with your application. You can pay through credit card, PayPal, Union Pay, or BPAY.
Send the full application to the Child and Other Family Processing Centre in Perth. The address is mentioned on the form only. You must send the form by post or courier only. Do not send incomplete forms as the department does not process the incomplete applications.
Keep a copy of the completed application form for your records and do not send the original copies with your application. Send only the certified copies with the application form.

Step- 4.

Wait patiently

The Department of Home Affairs does not give updates on the process. However, the department shares an acknowledgment with the applicant when they receive the application.
The child can travel outside the country but has to make sure that they have a valid visa to return to Australia. You should notify the Department of Home Affairs if the child is travelling outside Australia as the child should be in the country when the decision is made.
The department may ask for additional information, health checks, and biometrics. You can rectify the mistakes on your form, be lawful, and add the child’s dependent children to the application before the department makes a decision.

Step- 5.

Get your Visa

The Department of Home Affairs notifies of the visa outcome in writing. You will get the visa grant number, the date your visa starts, and any visa conditions if the government accepts your visa. On the other hand, if the visa is rejected the department shares the reason and you may have rights to review.
The child must be in Australia when the department decides on the application. Please note that the department does not refund the visa fee irrespective of the decision made on the visa application.

Lodging the Appeal
Lodge your application with the AAT within the time limit (usually 21 days). Applications are made through the Migration Review online portal. You must pay the application fee at lodgement unless you qualify for a fee waiver.