You’d typically apply for the 802 visa when the child is already in Australia, and the 101 visa is used when the child is outside Australia. Both of these visas offer applicants the opportunity to live in Australia permanently alongside their parents.
Parental Responsibility:
For the Parent:
- To be eligible for this visa, the parent must be one of the following:
- An Australian citizen.
- A holder of an Australian permanent resident visa.
- An eligible New Zealand citizen.
For the Child:
- To qualify for this visa, the child must:
- Be sponsored by their parent or their parent’s partner.
- Be single and under 18 years of age (and not adopted).
- In the case of an adopted child, they must be below 18 at the time of adoption.
- If the child is between 18 and 25, they must be full-time students to be eligible.
- A child who is 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.
For the Sponsor:
- An eligible sponsor can be:
- A parent, a stepparent, or an adoptive parent of the child.
- A stepparent who has separated from the child’s parent but still has a legal responsibility to care for the child under 18.
- An adoptive parent who adopted the child before becoming an Australian citizen.
- Must be older than 18 years of age.
Sponsor's Obligations:
- The sponsor is responsible for the cost of the child living in Australia.
- The sponsor must provide financial support, accommodation, and assistance for the child’s settlement in Australia.
- They should support the child in attending English language classes to improve their language skills.
Parental Obligations of the Sponsor:
- If sponsoring a child under 18, the sponsor must obtain written consent from those with a legal right to decide where the child will live.
- The sponsor must secure legal permission from the child’s home country for their removal, which should align with any Australian child orders.
Benefits of Child Visa (820 and 101):
This is a permanent residence visa that allows the child to:
- Live in Australia indefinitely.
- Work and study in Australia.
- Access Australia’s healthcare system.
- Apply for Australian citizenship if eligible.
- Sponsor eligible relatives for permanent residence.
- Travel to and from Australia within five years from the visa’s grant date.
Responsibility of the Parent:
- For a parent of a child under 18 to get this visa, they must have one of the following:
- Written consent from those with a legal right to decide where the child will live.
- Legal permission from the child’s home country, consistent with any Australian child orders.
Character Requirements:
To apply successfully, a police certificate from all countries where the child has resided for 12 months or more in the past 10 years is required if the child is 16 years of age or more.
Health Requirements:
To apply successfully, a police certificate from all countries where the child has resided for 12 months or more in the past 10 years is required if the child is 16 years of age or more.
Debts to the Australian Government:
Any outstanding debts to the Australian Government must be cleared before the visa can be granted.
For more information on the child visa, feel free to reach out to our registered immigration consultants today!
Visa Subclasses
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You can apply for the Child Visa Subclass 101 if:
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