Child Visas

Dependent Child Visa (Subclass 445)

This visa is for dependent children of a parent who holds a Partner (provisional) visa or a Dependent Child visa where the child was not included in the original visa application. This is a temporary visa allowing the child to enter Australia while waiting for the second stage partner visa to be processed. As a dependent child visa holder they will be included in the second stage processing of the partner visa (permanent residency).

A dependent child is defined in r 1.03 of the regulations as a single child or step-child of a person who is dependent on that person. A dependent is defined in r 1.05A.

The applicant must be sponsored by the person who has sponsored their parent.

Child visa including adoption and orphan visas

This visa category allows for children of an Australian citizen, permanent resident, or an eligible New Zealand citizen to live in Australia. To be eligible for each of these subclasses the child must be under the age of 25 and single.

The applicant must be the child or step-child of the sponsor and the child must be dependent on the sponsor. A step-parent may sponsor a child, even if they are no longer with the child’s partner, if they have legal responsibility to care for the child.

If the child is over 18 for the purposes of this category dependent is defined by r 1.05A(1) of the Migration Regulations 1994 as:

  1. Subject to subregulation
  2. a person (the first person) is dependent on another person if:
    1. at the time when it is necessary to establish whether the first person is dependent on the other person:
      •  the first person is, and has been for a substantial period immediately before that time, wholly or substantially reliant on the other person for financial support to meet the first person’s basic needs for food, clothing and shelter; and
      •  the first person’s reliance on the other person is greater than any reliance by the first person on any other person, or source of support, for financial support to meet the first person’s basic needs for food, clothing and shelter; or
    2. the first person is wholly or substantially reliant on the other person for financial support because the first person is incapacitated for work due to the total or partial loss of the first person’s bodily or mental functions.

Child visa (subclass 101) – Outside Australia at time of application

This visa subclass is for children of eligible sponsors who are outside Australia at the time of application.

If the applicant is between 18 and 25 and is not incapacitated for work they must be single, not engaged in full-time work, and be undertaking full-time tertiary study: clause 101.213 of Schedule 2. A gap of more than six months between completing high school and beginning tertiary education must be explained.

Child visa (subclass 802) – Inside Australia at time of application

This visa subclass is for children of eligible sponsors who are inside Australia at the time of application. An adopted child must have been adopted before the age of 18.

If the applicant is between 18 and 25 and is not incapacitated for work they must be single, not engaged in full-time work, and be undertaking full-time tertiary study (clause 802.214 of Schedule 2). A gap of more than six months between completing high school and beginning tertiary education must be explained.

Adoption visa (subclass 102)

This is a permanent residency visa for children under the age of 18 who have been adopted by an eligible sponsor: an Australian citizen, permanent resident or eligible New Zealand citizen at time of adoption. For the purposes of this subclass a competent authority is defined in r 1.03 of the Migration Regulations 1994 as:

“competent authority”, in relation to an adoption (including a prospective adoption), means:

  1. for Australia:
    • in the case of an adoption to which the Adoption Convention applies — a State Central Authority within the meaning of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998; and
    • in the case of an adoption to which a bilateral adoption arrangement applies — a competent authority within the meaning of the Family Law (Bilateral Arrangements – Intercountry Adoption) Regulations 1998; and
    • in any other case — the child welfare authorities of an Australian State or Territory; and
  2. for an Adoption Convention country — a Central Authority within the meaning of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998; and
  3. for a prescribed overseas jurisdiction within the meaning of the Family Law (Bilateral Arrangements – Intercountry Adoption) Regulations 1998 — a competent authority within the meaning of those regulations; and
  4. for any other overseas country — a person, body or office in that overseas country responsible for approving the adoption of children.

To be eligible for this visa the applicant must be legally adopted and at least one adoptive parent must be an eligible sponsor under one of the following circumstances:

  • The applicant was adopted overseas by a parent who had been residing overseas for more than 12 months and the Minister is satisfied this was not done to circumvent the requirements for entry, and the adoptive parent has lawfully acquired full and permanent parental rights by adoption.
  • The adoptive parent or parents, as a spouse or de facto couple, have an undertaking in writing to adopt the applicant and a competent authority in Australia has approved the adoptive parent or parents.
  • The arrangements for adoption are in accordance with the Adoption Convention or r 5 of the Family Law (Bilateral Arrangements – Intercountry Adoption) Regulations 1998 and the competent authority in Australia has approved the prospective parents.
  • The applicant was adopted in accordance with the Adoption Convention in an Adoption Convention Country.

Orphan relative visa (subclasses 117/837)

This visa is a permanent residency visa for an orphan relative child of an Australian citizen, permanent resident or eligible New Zealand citizen. The applicant must be under the age of 18 and unable to be cared for by either parent because they are both dead, permanently incapacitated or of unknown whereabouts, and the grant of the visa must be in the best interests of the child: r 1.14. Migration Regulations 1994.

Subclass 117 visas are for applicants who are outside Australia at the time of lodgement, whilst subclass 837 visas are for applicants inside Australia at the time of application.

The sponsor must be an Australian relative, that is, an Australian citizen, permanent resident, or eligible New Zealand citizen over the age of 18.

The sponsor must demonstrate they are able to provide accommodation and financial support to the orphan relative and may be requested to provide an assurance of support.

Why Choose Aries?

The whole ‘lawful visa acquisition’ process can be one lengthy and paperwork intensive task. Our Immigration Lawyers have helped over a thousand people with their immigration cases and know exactly what is required to get the immigration process done smoothly.  Aries Lawers will make the whole process easy and comfortable for you. You would only have to answer a few simple questions on our Immigration page, and we will get back to you.

Read about other Australian Visa Categories

Leave a Comment

Aries Lawyers

Our goal is to help people in the best way possible. this is a basic principle in every case and cause for success. contact us today for a free consultation.