Child Visas

If you are an Australian permanent resident or Citizen and have children that you would like to bring to Australia, then there may be several Permanent Child Visa options available for you and the family.

Generally speaking, Child Visas require that your family satisfy the following requirements:

1.     That at your child is under the age of 18

2.     If your child is over the age of 18 that they are financially dependent on you

3.     That your child be under the age of 25 unless suffering from a physical disability

4.     That your child be single and not in a relationship

5.     You have written permission from any other parent for the child to migrate
IF YOUR CHILD IS INSIDE AUSTRALIA

The Child (Subclass 802) is a Child Visa available for children who are inside Australia at the time of application. Importantly, it allows children under the age of 18 to stay permanently in Australia with their parent. If an applicant is over the age of 18 you must be able to demonstrate that your child is wholly or substantially reliant on you for financial support to meet their basic needs for food, clothing and shelter and that you are their greatest source of support (including other income and family members). For children that are over the age of 25, you must be able to demonstrate that your child is unable to work due to a physical or mental disability.

The Orphan Relative (Subclass 837) is a Child Visa for children currently inside Australia whose parents are deceased, permanently incapacitated, or whose whereabouts are unknown, and who have an eligible sponsor. Eligible sponsors include Australian citizen, permanent residents or eligible New Zealand citizens who are the brother, sister, grandparent, aunt, uncle or step-equivalent of the child.

IF YOUR CHILD IS OUTSIDE OF AUSTRALIA

The Child (Subclass 101) is a Child Visa available for children who are outside of Australia at the time of application The requirement of the 101 mirror those of the 802 (discussed above) insofar that the requirements become increasingly more difficult as a child turns 18 and 25.

The Orphan Relative (Subclass 117) is a Child Visa for children currently outside Australia whose parents are deceased, permanently incapacitated, or whose whereabouts are unknown, and who have an eligible sponsor. Eligible sponsors include Australian citizen, permanent residents or eligible New Zealand citizens who are the brother, sister, grandparent, aunt, uncle or step-equivalent of the child.

The Dependent Child (Subclass 445) is a Child Visa is designed to allow children to join parents who are holders of Temporary Partner visas (Subclass 820 or Subclass 309) or those who hold Dependent Child visas themselves. Importantly, this will lead to the child being eligible for grant of permanent residency once the parent becomes eligible through their own migration pathway.

Easy to read diagram.

The above diagram demonstrates that depending whether your child is located in or outside Australia and whether you hold a temporary visa yourself, will determine which visa options may be best suited.

For more information on the legal requirements and to see which Child visa best family circumstances we suggest you book a chat with an immigration lawyer today.