CHILD VISA SUBCLASSES 101 AND 802

 

The Child Visa Subclass 101 and Subclass 802 are pathways for dependent children to obtain permanent residency in Australia and live with their Australian citizen, permanent resident, or eligible New Zealand citizen parents. Subclass 101 is designed for children residing outside Australia, while Subclass 802 is for children already within the country.

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These visa subclasses acknowledge a broader range of parent-child relationships, including children born through assisted reproductive technology or surrogacy agreements. The term "natural" children is no longer relevant, as the visa considers legal parent-child connections regardless of biological ties.

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To be eligible for the Child Visa, one parent must demonstrate a biological connection to the child through DNA testing or specialist advice. In the case of step-children, they can be granted a visa if their parent is not already an Australian citizen, permanent resident, or eligible New Zealand citizen, and they should be included in their parent's Partner visa application.

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The benefits of the Child Visa include indefinite stay in Australia, the ability to work and study, access to Australia's healthcare system (Medicare), the opportunity to sponsor relatives, and eligibility to apply for Australian citizenship if they meet the requirements.

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Additionally, for children adopted before turning 18 by a parent who was already an Australian citizen, permanent visa holder, or eligible New Zealand citizen at the time of adoption, the Adoption visa (subclass 102) may be applicable.

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Adult applicants above the age of 18, who are applying for the child visa, need to meet specific criteria. If the applicant turns 25 before the visa decision is made, they must continue to meet the dependent child criteria, not be engaged or have a partner, not be working full-time, and be a full-time student if they were under 25 years old at the time of application.

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ADOPTION VISA SUBCLASS 102

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The Adoption Visa (Subclass 102) is designed to facilitate the adoption of children from other countries or partnership countries by Australian citizens, permanent residents, or eligible New Zealand citizens. The visa requirements include the child being or in the process of being adopted by the sponsor, being under 18 years of age at the time of adoption, application submission, and decision making, and meeting the character and health requirements.

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To be eligible for an Adoption Visa (Subclass 102), the child must have been or be in the process of being adopted through an intercountry adoption involving the Australian state or territory central authority, or through an intercountry adoption between two countries (excluding Australia) that are parties to the Hague Adoption Convention, or through an expatriate adoption without the involvement of an Australian state or territory central authority. These specific adoption processes must be followed to meet the requirements for applying for the visa.

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The visa application should be lodged when the child is outside Australia, and the adoptive parent acts as the sponsor, completing the application form and providing accurate documents on behalf of the child. It is important to include all necessary certificates, such as the child's original birth certificate, health and character certificates, and adoption documents.

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ORPHAN RELATIVE VISA SUBCLASS 117 AND 837

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The Orphan Relative visa, subclass 117 visa for offshore applicants and subclass 837 for onshore applicants, is available for sponsoring under 18 orphan relatives to live in Australia. The visas are designed for under 18 single individuals whose parents are deceased, permanently incapacitated, or their whereabouts are unknown.  We know having evidence of these occurrences can be difficult to obtain and we can establish the likelihood of the success of this visa based on the information that can be obtained.  

 

To be eligible as a sponsor, the sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen, and a close relative of the orphan.  A close relative includes a grandparent, aunt or uncle, niece or nephew, or step equivalent of the orphan relative.  Again, this relationship will need to be proven through documents and/or DNA tests.

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The sponsor should be over 18, have resided in Australia for at least 2 years, and not have been charged or convicted of a registerable offence, unless the sponsorship limitation is waived.

 

The orphan must not have a partner and cannot be cared for by either parent due to their parents' circumstances.  Once the visa is granted, the applicant can remain in Australia indefinitely.

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DEPENDENT CHILD VISA SUBCLASS 445

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The Dependent Child Visa, subclass 445, is designed for children under 18 years old whose parent holds a temporary partner visa, either subclass 309 or subclass 820. This visa can be applied for whether the child is inside or outside Australia. 

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The Department of Home Affairs treats every application seriously and must verify the child's parentage and ensure that both parents consent to the child's migration. Furthermore, if the child is over 18, there are stringent rules to demonstrate their dependence on the parent, both at the time of application lodgement and when the application is approved.

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To be eligible for the Dependent Child Visa 445, the child must be sponsored by their parent or their parent's partner. When applying for the visa, the child must be sponsored by the same person who sponsored or nominated their parent's permanent partner visa application. They must also be the biological, stepchild, or adopted child of the parent. Additionally, the child must meet health and character requirements, be single, and either be under 18 years old or financially dependent on the parent holding the temporary Partner visa.

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In the case of a stepchild who has not yet turned 18, they may be eligible for the visa if their step-parent is no longer the partner of the child's parent but still has a legal responsibility to care for the child. Furthermore, the visa may be granted to a child who is financially dependent on the parent holding the temporary Partner visa and is unable to work due to a total or partial loss of bodily or mental functions.

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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. It's important to note that the adoption process is managed through state governments in Australia and is not directly related to immigration or visa matters.

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Once the subclass 445 dependent child visa is granted, the child should immediately apply for a permanent partner visa before their parent's Permanent Partner Visa 100 or 801 is finalized. The subclass 445 visa allows the child to travel to and from or stay in Australia until their parent's permanent partner visa is approved. This visa is crucial if the child is to be added to a permanent partner visa application after their parent has received a temporary partner visa.

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