Subclass 101 Child Visa
The Subclass 101 Child Visa is a permanent offshore visa for a dependent child of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. It is the offshore counterpart to the Subclass 802. The application is made on paper using Form 47CH, with sponsorship lodged on Form 40CH. From July 2025, paper applications can be imported into ImmiAccount for online management after lodgement.
Key facts
Visa Type
Permanent (offshore)
Travel Facility
5 years from grant
Location at Application and Grant
Outside Australia
Application
Form 47CH and Form 40CH
Visa application charges are set by the Department of Home Affairs and updated periodically. Current charges should be confirmed on the official pricing estimator at the time of lodgement.
Who qualifies for the Subclass 101
The applicant must be the dependent child of the sponsoring parent and must be unmarried and not in a de facto relationship. The applicant must be under 18, or aged 18 to 25 in full-time study and financially dependent on the sponsoring parent, or aged 18 or over and unable to work because of the total or partial loss of bodily or mental functions.
The applicant may be the biological, adopted, or step-child of the sponsor. An adopted child must have been adopted before the parent became an Australian citizen, permanent resident, or eligible New Zealand citizen; later adoptions are dealt with under the Subclass 102.
Sponsorship and the Protection of Children
The sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen aged 18 or over. The sponsor will usually be a parent. A step-parent who is no longer the partner of the child's parent can sponsor where they hold legal responsibility for a child under 18 under an Australian parenting order or under the law of another country.
Sponsorship is decided as a separate matter under Measures for the Protection of Children. Where the sponsor or the sponsor's partner has been charged with or convicted of offences involving children, sponsorship will be refused unless the Department is satisfied it is appropriate to approve in the circumstances. This is a strict integrity measure and a frequent ground of refusal that requires careful early disclosure and submissions.
Evidence for the Subclass 101
Subclass 101 applications turn on documentary evidence. The application must address relationship, dependency, sponsorship, health, character, and the protection of children criteria.
Relationship
Birth certificate naming both biological parents, adoption decree where relevant, or step-parent documentation. Where one biological parent is not the sponsor and is alive, consent to the child's migration is required. If consent cannot be obtained, court orders or evidence of legal custody must be provided.
Dependency for applicants aged 18 to 25
Evidence of full-time study, including enrolment confirmation and progression records, and evidence of continuing financial reliance on the sponsoring parent across the relevant period. Bank statements showing regular transfers, evidence of paid expenses, and statements addressing the absence of independent income.
Health and character
Health examinations are arranged after the Department requests them. For applicants aged 16 and over, police certificates from each country lived in for 12 months or more in the last 10 years are required.
Common refusal grounds
Subclass 101 refusals frequently turn on insufficient evidence of dependency for applicants over 18, missing or contested consent from a non-sponsoring biological parent, sponsorship refusals under the Protection of Children measures, and health failure where a chronic condition exceeds the significant cost threshold.
Strategic preparation directs evidence to the precise statutory and policy criteria. A complete, decision-ready application also reduces processing time, since the Department is not required to issue requests for further information.
Strategic preparation of the Subclass 101
Subclass 101 cases are decided on documentary evidence directed at the precise dependency, sponsorship, and protection of children criteria. Visa Plan Lawyers prepares decision-ready applications and represents sponsors and applicants where character or protection of children issues are in play.