A Child Visa (subclass 101) lets an eligible parent sponsor their child to live in Australia indefinitely. The parent can apply on behalf of a child younger than 18 years of age.
An eligible parent is:
- An Australian citizen
- The holder of an Australian permanent resident visa
- An eligible New Zealand citizen.
To get this visa, the child must be:
- Sponsored by their parent or their parent’s partner
- Younger than 18 years of age, or:
- A full-time student between 18 and 25 years of age, or
- 18 or older and unable to work due to a disability and dependent on the sponsoring parent.
The child can include their own dependent children in this application.
What does this visa allow for:
This is a permanent residence visa. It allows the child to:
- Travel to and stay in Australia indefinitely
- Work and study in Australia
- Enroll in Medicare, Australia’s scheme for health-related care and expenses
- Apply for Australian citizenship (if they are eligible)
- Sponsor eligible relatives for permanent residence
- Travel to and from Australia for five years from the date the visa is granted – after that time they will need another visa to enter Australia.
The sponsoring parent:
The child’s sponsoring parent must be an Australian citizen, the holder of an Australian permanent resident visa or an eligible New Zealand citizen. The spouse or de facto partner of the child’s parent can also sponsor the child.
The child’s relationship with the sponsor:
The child must be:
- The biological child or adopted child of the sponsoring parent
- A step child who has not turned 18 of a step-parent who is no longer the partner of the child’s parent but has a legal responsibility to care for the child.
An adopted child must have been adopted before their parent became an Australian citizen or the holder of an Australian permanent resident visa or an eligible New Zealand citizen.
Children younger than 18 years of age:
A child younger than 18 years of age:
- Cannot have a spouse or de facto partner
- Cannot be engaged to be married.
Children between 18 and 25 years of age:
A child between 18 and 25 years of age who does not have a disability that prevents them from working must:
- Never have had, and not now have, a spouse or de facto partner
- Not be engaged to be married
- Not be in full-time work
- Be a full-time student.
To be a full-time student, the child must:
- Be currently enrolled and participating in a full-time course of study leading to a professional, trade or vocational qualification
- Have started that course since turning 18 years of age or within six months or a reasonable time after finishing school.
The child must be a full-time student when they apply for this visa. Any gaps of more than six months between the final year of school and tertiary studies must be explained.
Children with a disability aged 18 or older:
A child with a disability is eligible for this visa if they:
- Are not engaged, married or have a de facto partner
- Are not in full-time work
- Are dependent on the sponsoring parent.
Disability means that the child has total or partial loss of their bodily or mental functions, and they are unable to work because of it.
To be dependent they must be reliant on the sponsoring parent for financial support because they are not able to work because of their disability.
This visa can be granted only if the individual can show one of the following for a child younger than 18 years of age:
- They have the written consent of each person who can legally decide where the child lives
- The laws of the child’s home country permit the removal of the child
- It is consistent with any Australian child order.
Best interests of the child:
This visa will not usually be granted if it is against the best interests of a child younger than 18 years of age.
Measures for the Protection of Children has more information.
Children born in Australia are automatically granted Australian citizenship if at least one parent is either an Australian citizen or the holder of an Australian permanent resident visa. They do not need a visa to live in Australia.
Children born outside Australia must either:
- Apply for a permanent visa to live in Australia (if neither parent is an Australian citizen)
- Apply for Australian citizenship (if at least one parent is an Australian citizen).
If an individual wants to adopt a child from outside Australia, they must apply for an Adoption visa (subclass 102) on behalf of the child.
An adopted child can be granted a Child visa (subclass 101) if they were adopted before the eligible parent became the holder of an Australian permanent resident visa, an Australian citizen, or an eligible New Zealand citizen.
In addition to the above-mentioned conditions, there are other factors and criteria to be taken into consideration.