Australian Immigration Article

For parents who are Australian citizens, permanent residents, or eligible New Zealand citizens, the thought of being separated from your child is unimaginable. Your life is here and you want your child to be a part of it, sharing in the everyday moments and building a future together on Australian soil. The permanent Child visa, encompassing the Subclass 101 and 802, is the appropriate pathway designed to make that happen.

Navigating the permanent child visa process can feel like a significant undertaking, layered with legal requirements and detailed paperwork. It’s a journey that goes beyond forms and fees; it’s about reuniting your family. This guide is designed to walk you through the landscape of the Australian Child visa (subclass 101 and 802), providing a clear and comprehensive overview, including the visa requirements and costs to help you understand the path ahead.

Disclaimer: This article provides general information and is not a substitute for legal advice. Australian immigration law is intricate and subject to change. For advice tailored to your personal circumstances, you should consult with an experienced Australian immigration lawyer.

What is the Subclass 101 & 802 Child Visa? 

The Subclass 101 and 802 visas are permanent visas for children. Unlike temporary visas, they grant your child the right to live, study, and work in Australia indefinitely, and eventually, to apply for Australian citizenship if they are eligible. They are for children whose parent is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.

The fundamental difference between the two subclasses lies in one simple fact: the location of your child when the application is made.

• Subclass 101 Child Visa: This is the offshore application. Your child must be outside of Australia when the application is lodged and, in most cases, when the visa is granted.
• Subclass 802 Child Visa: This is the onshore application. Your child must be in Australia on a valid temporary visa (without a “no further stay” condition) when the application is lodged and when a decision is made.

Choosing the correct subclass is the first and most critical step in the process.

Permanent Child Visa Key Eligibility Criteria

A successful application rests on meeting the specific requirements for both the child (the applicant) and you (the sponsoring parent).

For the Child (The Applicant):

• Relationship: The child must be your biological child, adopted child, or step-child.
• Sponsorship: They must be sponsored by their eligible parent or their parent’s partner.
• Age: The child must generally be under 18 years old. However, older children may be eligible, broadly, if they meet the following requirements:
  
  • Aged 18 to 25: A child in this age group may be eligible if they are financially dependent on the sponsoring parent, not working full-time and are a full-time student.
  • Aged 18 or over with a disability: A child can be eligible if they have a disability that stops them from being able to work to support themselves and are dependent on the sponsoring parent.
• Marital Status: The child must be single, meaning they cannot be married, engaged to be married, or in a de facto relationship.
• Health and Character: The child must meet Australia’s health and character requirements. This will involve medical examinations and, for children 16 years or older, police certificates.

For the Sponsoring Parent:

• Status: You must be an Australian citizen, a holder of an Australian permanent visa, or an eligible New Zealand citizen.
• Sponsorship Undertaking: You must sponsor your child and be prepared to take on sponsorship obligations, which include being responsible for their cost to the Australian government and providing adequate accommodation and financial support for their first two years in Australia.
• Character: The Department of Home Affairs will also assess your character as part of the application.

Understanding these criteria in the context of your own family is vital. If your situation involves complex custody arrangements or if you’re planning for a child over 18, mapping out your approach is crucial. A 20-minute discovery call can help you see how these rules apply to you and what support might be available.

(Building a new life on Australia’s shores is a dream for many. The Subclass 101 and 802 child visa pathways are designed to bring families together to enjoy these priceless moments.)

Onshore vs. Offshore: Which Path is for Your Family?

Deciding between the Subclass 802 (onshore) and Subclass 101 (offshore) visa depends entirely on your child’s location and their current visa status.

The Onshore Subclass 802 Pathway:

If your child is already in Australia, perhaps on a visitor visa or another temporary visa, the Subclass 802 might be the appropriate path.

• Key Requirement: The child must hold a valid temporary visa (known as a substantive visa) that does not have a Condition 8503 – “No Further Stay” attached to it.
• Bridging Visa: Once the Subclass 802 application is lodged, your child will generally be granted a Bridging Visa. This allows them to remain lawfully in Australia while the application is being processed. This is a significant benefit as it means your family can stay together during the waiting period.

The Offshore Subclass 101 Pathway:

This is the more common route for children who are living in their home country. The entire process, from application to decision, will take place while they are outside Australia. They can visit Australia on a separate temporary visa (like a visitor visa) during the processing period but they generally need to be offshore for the visa to be granted in most cases (exceptions apply).

Child Visa Application Costs

Applying for a Child visa involves a significant financial commitment. It’s important to budget for all potential costs.

• Visa Application Charge (VAC): The main cost is the fee paid to the Department of Home Affairs upon lodging the application. As of mid-2025, this starts at $3,140 AUD for the main applicant. These fees are reviewed annually, so always check the Department’s website for the current amount before you apply.
• Other Costs: You must also factor in costs for medical examinations, police clearances, and the translation of any documents not in English by a certified translator.
• Assurance of Support (AoS): In some cases, the Department may ask for an Assurance of Support. This is a discretionary request, often made if there are concerns about the sponsor’s ability to financially support the child. It acts as a financial guarantee to the government. While it doesn’t involve a bond for this visa type, it does require a person (the assurer) to meet a specific income threshold.
• Professional Fees: Many families choose to engage an immigration lawyer to ensure the application is prepared correctly and managed professionally. These fees are separate from the Department’s charges. At Flow Migration Law, we believe in transparency and can provide you with a fixed-fee quote for our services after understanding your family’s situation so you know exactly what to expect.

Permanent Child Visa Case Study: Bringing Maya Home to Melbourne

Let’s consider a practical scenario.

The Situation: David is an Australian citizen living in Melbourne. His 17-year-old daughter, Maya, lives overseas with her mother, David’s ex-partner. David and Maya’s mother have a shared agreement that Maya’s future is best in Australia, and she is eager to start university here next year. They are concerned about the processing times and want to begin the process as soon as possible.

The Pathway: Because Maya is outside Australia, the Subclass 101 (offshore) Child visa was the most appropriate pathway.

The Process:

1. Documentation: David, as the sponsor, gathers all the necessary documents. This includes Maya’s birth certificate to prove their relationship and a certified written consent form (Form 1229) from Maya’s mother, giving permission for her to migrate to Australia.
2. Application Lodgement: They lodge a complete and well-prepared application for the Subclass 101 visa.
3. Health & Character: The Department requests that Maya undertake a medical examination at an approved clinic in her home country. As she is over 16, she also needs to provide police clearances.
4. The Wait: While the application is processing, Maya continues her final year of school. David plans for her arrival, looking into university courses and accommodation.
5. Visa Grant: After 1.5 years, the Department notifies them that the visa has been granted. Maya is now a permanent resident and can book her flight to Melbourne.

The Outcome: Maya arrives in Australia and is able to enrol in her university course as a domestic student. She has full work rights and access to Medicare. The Child visa provided the direct and permanent pathway for her to begin her new life in Australia with her father.

(Moments like these are the reason parents embark on the visa journey. The permanent child visa Australia pathway is designed to bring families like David and Maya together for a shared future.)

Final Thoughts: Building Your Family’s Future in Australia

The Subclass 101 and 802 Child visas represent a life-changing opportunity to unite your family permanently in Australia. The journey requires careful preparation, attention to detail and a clear understanding of your obligations as a sponsor. Presenting a thorough application that clearly demonstrates how you and your child meet the criteria is fundamental to a smooth process.

Our principal migration lawyer, Jay, brings over 8 years of dedicated experience in Australian immigration law, with a particular focus on helping families like yours navigate these pathways. This experience is not just about the law; it’s about understanding the human element of migration and the importance of reuniting families. We have guided many parents through the intricacies of Child visa applications, helping them bring their children home.

If you are ready to take the next step and would like to discuss your family’s specific situation, we invite you to book a 20-minute discovery call with our team to explore how we can support you.