Introduction
If you are an Australian citizen, permanent resident or eligible New Zealand citizen, you may be able to bring your child to live with you in Australia through a Child Visa. Alternatively, if you are applying for certain Australian visas yourself, you may be able to include your dependent children in your application or apply for them separately.
This guide explains the main Child Visa options and details in relation to Child Visas.
Who This Topic Is For
This information is relevant if you are:
- An Australian citizen, permanent resident or eligible New Zealand citizen wanting your child to live permanently in Australia.
- A parent applying for a Partner Visa who wants to include a dependent child.
- A parent who has had a child after lodging a visa application.
- Unsure whether your child meets the Australian migration definition of a dependent child.
Looking at permanent or temporary visa options for children.
Main Requirements
The requirements vary depending on the visa subclass, but there are several common eligibility criteria.
The Child Must Be Eligible
Generally, a child must:
- Be under 18 years of age; or
- Be aged between 18 and 24 and financially dependent on a parent while studying full-time; or
- Be over 18 and unable to work because of a disability.
The child must also generally be single and financially dependent where required.
Eligible Parent
For permanent Child Visas, the sponsoring parent is generally an:
- Australian citizen
- Australian permanent resident
- Eligible New Zealand citizen
- The parent will usually need to sponsor the child as part of the application.
Health Requirements
Children applying for Australian visas may be required to complete health examinations.
Character Requirements
Older children may need to provide police certificates depending on their age and circumstances.
Best Interests of the Child
Where the applicant is under 18, the Department of Home Affairs must be satisfied that granting the visa is in the child’s best interests. Consent from parents or legal guardians may also be required.
Step-by-Step Process
Step 1: Identify the Correct Visa
The appropriate visa depends on the child’s circumstances.
Common Child Visa options include:
- Child Visa (Subclass 101) – for children outside Australia.
- Child Visa (Subclass 802) – for children already in Australia.
- Dependent Child Visa (Subclass 445) – for children of applicants holding a temporary Partner Visa while waiting for permanent residence.
- Adoption Visa (Subclass 102).
- Orphan Relative Visas (Subclasses 117 and 837).
Step 2: Confirm Eligibility
Check that both the child and sponsoring parent satisfy the relevant visa requirements before preparing the application.
Step 3: Gather Supporting Documents
Typical documents include:
- Birth certificates
- Passports
- Evidence of the parent-child relationship
- Court orders (if applicable)
- Consent documents
- Health examinations
- Police certificates where required
Step 4: Lodge the Application
Some Child Visa applications are lodged using paper forms, although applicants can now import many paper applications into ImmiAccount for online management.
Step 5: Respond to Any Requests
The Department may request additional information or supporting documents during processing.
Step 6: Receive a Decision
If approved, the child may receive either permanent or temporary residence depending on the visa subclass.
Common Mistakes
- Assuming Every Child Qualifies as a Dependent
Many parents assume any child under 25 automatically qualifies. In reality, older children generally need to demonstrate financial dependence and full-time study or qualify because of a disability. - Applying for the Wrong Visa
Different Child Visa subclasses apply depending on whether the child is inside or outside Australia and whether the parent already holds permanent residence or is applying for another visa. Choosing the correct subclass is essential. - Forgetting to Include Children Early
Where possible, children should be included at the appropriate stage of a parent’s visa application. Waiting until later may require additional applications or documentation. - Providing Insufficient Evidence of the Parent-Child Relationship
Applications often require official documents proving the family relationship. - Overlooking Consent Requirements
Where a child is under 18, written consent from all persons with legal responsibility for the child may be required. Failure to provide appropriate consent can delay the application. - Delaying Health Examinations
Medical examinations are often required before a visa can be granted.
Costs and Processing Times
Government application charges vary depending on the Child Visa subclass. Processing times also differ. The Department of Home Affairs publishes current visa application charges and processing time guidance for each visa subclass.
When Professional Advice May Help
Professional advice may be useful where:
- There are custody or parental consent issues.
- The child’s dependency is difficult to establish.
- The child is over 18.
- The child has a disability.
- There are adoption or guardianship issues.
- A child needs to be added to an existing visa application.
- There has been a previous visa refusal or cancellation.
Frequently Asked Questions
Who is considered a dependent child for Australian migration?
Generally, a dependent child is someone who is under 18, or an older child who meets the financial dependency and study requirements, or who is unable to work because of a disability.
Can I include my child in my Partner Visa application?
Yes. In many cases, dependent children can be included in a Partner Visa application or may later apply for a Dependent Child Visa (Subclass 445), depending on the circumstances.
What is the difference between a Child Visa and a Dependent Child Visa?
A Child Visa (Subclass 101 or 802) generally provides permanent residence for eligible children of Australian citizens or permanent residents. A Dependent Child Visa (Subclass 445) is a temporary visa for children whose parent is waiting for the permanent stage of a Partner Visa.
Can adopted children apply for Australian Child Visas?
Yes. Australia has a separate Adoption Visa (Subclass 102) for eligible adopted children who meet the relevant requirements.
Can a child be added after a visa application has been lodged?
In some situations, yes. The process depends on the visa subclass and the stage of the parent’s application, so families should seek advice as soon as their circumstances change.
How can Taylor Hampton help you?
Taylor Hampton is a firm which has significant expertise in the field of emigration to Australia, with our solicitors representing a variety of individuals and organisations. Contact us here for a free consultation to see how we can help.
Disclaimer: This article provides general guidance only and does not constitute legal advice. Civil procedure rules and case law can change. Always seek professional legal advice tailored to your specific situation before acting.
