Child Visas
Australia's Child visa program allows an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to sponsor a dependent child for permanent residence. The correct subclass depends on where the child is, the relationship to the sponsor, the child's age and dependency, and whether the application is part of an adoption, an orphan relative pathway, or a partner visa pathway.
Visa Plan Lawyers prepares Child visa applications for biological, step, and adopted children, including for applicants over 18 in continuing study and applicants whose status engages Measures for the Protection of Children. Each application is built on its own facts and on documentary evidence selected for the precise subclass criteria.
Request a ConsultationThe Child Visa Framework
The Child visa framework sits in Schedule 2 of the Migration Regulations 1994. It sets out separate subclasses for offshore and onshore applicants, for adopted children, for dependent children of partner visa applicants, and for orphan relatives. The grant of a Child visa generally confers permanent residence, with a five-year travel facility from the date of grant and a pathway to Australian citizenship.
Subclass selection is jurisdictional. Lodging the wrong subclass results in an invalid or refused application regardless of the strength of the relationship and dependency evidence. The dependent child definition, the sponsorship test, and the protection of children measures apply across all subclasses.
Child Visa Subclasses
Australia's Child visa program covers five distinct pathways. The pathway that applies depends on the location of the child, the existence and stage of any partner visa pathway, and the circumstances of the child's parents.
- Subclass 101 Child Visa Permanent visa for a dependent child outside Australia. Applied for and granted offshore.
- Subclass 802 Child Visa Permanent onshore equivalent of the Subclass 101. Applied for and granted in Australia.
- Subclass 445 Dependent Child Visa Temporary visa for a dependent child of a parent whose permanent Partner visa (Subclass 100 or 801) has not yet been granted.
- Subclass 102 Adoption Visa Permanent visa for a child adopted overseas through a recognised adoption framework.
- Orphan Relative Visa (Subclass 117 / 837) Permanent visa for a child whose parents are dead, permanently incapacitated, or of unknown whereabouts. Subclass 117 offshore, Subclass 837 onshore.
Merits Review at the Administrative Review Tribunal
A refused Child visa decision may be reviewed by the Administrative Review Tribunal in its Migration and Refugee Jurisdictional Area. Strict statutory time limits apply from notification of the decision. The Tribunal conducts a full merits review and may affirm, vary, set aside, or remit the decision for reconsideration with directions.
Sponsorship-stage refusals, Measures for the Protection of Children determinations, and refusals turning on dependency for applicants over 18 are common review subjects. Strategy set at the application stage shapes what is available on review.
Speak with Visa Plan Lawyers
Subclass selection, dependency evidence, and sponsorship character work decide most Child visa cases. Contact Visa Plan to discuss a Child visa application or a refused decision.
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