Subclass 802 Child Visa
The Subclass 802 Child Visa is the onshore counterpart to the Subclass 101. It allows a dependent child of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to obtain permanent residence while in Australia. 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.
Key facts
Visa Type
Permanent (onshore)
Bridging Visa
Bridging Visa A on lodgement
Location at Application and Grant
In Australia
Travel Facility
5 years from grant
Who qualifies for the Subclass 802
The applicant must be the dependent child of the sponsoring parent, must be unmarried and not in a de facto relationship, and must be in Australia at application and at grant. 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 relationship pathway covers biological, step, and adopted children. An adopted child who was adopted after the parent became an Australian citizen, permanent resident, or eligible New Zealand citizen is generally dealt with under the Subclass 102 Adoption Visa rather than the Subclass 802.
No further stay conditions
Visa conditions 8503, 8534, and 8535 prevent the holder of the underlying visa from making any further onshore application except in narrow categories. A child whose entry visa carries one of these conditions cannot validly lodge a Subclass 802 unless the condition is waived.
Waivers are decided on compelling and compassionate grounds that arose after grant of the original visa and were beyond the applicant's control. The threshold is high. Strategic timing, evidence, and submissions are decisive.
Bridging visa during processing
A valid Subclass 802 application onshore generally generates a Bridging Visa A. The Bridging Visa A keeps the child lawful in Australia until the substantive Subclass 802 is decided. The conditions on the Bridging Visa A generally mirror those of the substantive visa held at lodgement.
Travel from Australia during processing requires a separate Bridging Visa B. Departure on a Bridging Visa A without a Bridging Visa B in effect ceases the bridging visa and may render the applicant unable to re-enter Australia until the Subclass 802 is decided.
Sponsorship and the Protection of Children
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. Disclosure should be made early, with submissions addressing the conduct, time elapsed, and current circumstances.
Common refusal grounds
Subclass 802 refusals commonly turn on insufficient dependency evidence for applicants over 18, no-further-stay conditions that have not been validly waived, sponsorship character bars, and health failures where a chronic condition exceeds the significant cost threshold. Each ground requires a distinct legal response.
Related pathways
Strategic preparation of the Subclass 802
The Subclass 802 turns on lodgement timing, condition waivers where applicable, and dependency evidence prepared for the precise statutory criteria. Visa Plan Lawyers represents applicants and sponsors at all stages, including no-further-stay waiver applications and protection of children submissions.