Who is the Child Visa Subclass 101 or 802 for?
Children who have a parent who is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen, are able to live in Australia permanently on a Child Visa subclass 101 or 802.
In essence, each of these visas are the same – they both allow a child of an eligible parent sponsor to live in Australia indefinitely. The only difference is the location of the applicant when the application was lodged and decided on – 101 visa is for offshore applicants and 802 is for onshore.
Who can sponsor me?
Unlike other sponsorship based visas, applicants can only be sponsored by an eligible parent. To be considered an eligible parent, they must be the parent (or their partner), or step-parent of the child, be over the age of 18, and be a settled Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.
The Department also allows step-parents who are no longer the partner of the child’s parent, but have a legal responsibility to the care of the child who is under 18 to become a sponsor of the child. In addition to this, adoptive parents who adopted the child before they became an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, are also permitted to become a sponsor of the child.
Am I Eligible for a 101 or 802 Visa?
To apply for either a 101 or 802 visa, you must meet the following criteria:
- Have an eligible sponsor (see above)
- Be single
- Be one of the following:
- Younger than 18 and not adopted;
- Be under the age of 18 and adopted;
- Be between the ages of 18 and 25 and be a full-time student; or
- Be 18 or older and have a disability which prohibits them from working, and be dependent on their sponsoring parent
- Meet certain health requirements, and if over the age of 16, meet certain character requirements.
Upon granting the visa to a child under the age of 18, the Department will consider whether this visa is in the best interests of the child
101 and 802 Checklist
How Long Does it Take?
While the average global processing time for applications is 75% in 8 months, times may vary as assessment of eligibility occurs on a case-by-case basis and varies on the applicant’s circumstances.
It is understandable that there are circumstances that will impact the processing time of your visa applications, which may be out of your control. These include; the time for external agencies, namely health and police services, and the Government, to conduct checks and provide supporting information.
While the above circumstances are unavoidable, there are some factors which will ensure you a faster processing time. These include:
- Lodging a complete application, attached with all of the necessary supporting documents.
- Being prompt in responding to any additional information the Department requests.
Fees & Costs
The cost of this visa is priced from $2,415. Please note that this is only the flat rate and you may be asked to pay additional costs to cover additional applicants, requirements such as; health assessments, police certificates and biometrics.
What Steps Should I Take to apply for a 101 or 802 Visa?
Unlike other migration law firms, Results Migration makes the process of applying for visas straightforward. Our team of expert lawyers will work with you every step of the way and have devised a step-by-step process to ensure your application is processed as fast as possible.
1. Schedule a free consultation with our team of expert lawyers, where we will assess and advise you on the Australian visa option that best suits you
2. At this stage, we will gather and prepare all of the documentation as well as perform any additional checks that are required to lodge a visa application. Please ensure that you notify us if you have a ‘No further stay’ condition attached to your current visa so we can arrange for this condition to be waived.
3. After having all of the information we need, we will then begin to prepare and loge your application in a timely manner.
In the meantime, if you are an onshore applicant you will be granted a bridging visa until your current visa expires. This will give you the right to stay in Australia until the outcome of your 101/802 visa is decided.
4. Finally, we will notify you of the outcome. If granted, you will receive the rights listed below.
Entitlements of the Child Visa
The Child visa will grant you permanent residence in Australia. It will allow you:
- The right to stay in Australia indefinitely.
- Work and study rights in Australia.
- The opportunity to enrol in Medicare – Australia’s scheme for health-related care and expenses.
- Apply for Australian citizenship once you become eligible.
- Sponsor eligible relatives for permanent residence.
- Travel to and from Australia for up to five years.
101 and 802 Visa FAQs
My child is under the age of 18. Can I apply on their behalf?
If your child is under the age of 18, a parent may apply for their child on their behalf.
I have not yet entered Australia and want to sponsor my child. Can I do so?
Yes, you can still qualify to be an eligible sponsor parent if you entered Australia in the past but are outside of the country when the application was lodged.
In circumstances where you have been granted permanent residency but have not entered Australia, you will also be eligible to become a sponsoring parent of your child.
What are my parental responsibilities if I am sponsoring my child?
If your child is under the age of 18 you must either, provide written consent from each person who is in the position to legally decide where the child lives, or the laws of the child’s home country that permits your child’s departure. Furthermore, this needs to be consistent with any Australian child order.
You will also be subject to various obligations as a sponsor. These include:
- Being responsible for the cost of the child living in Australia;
- Helping the child settle in Australia;
- Provide accommodation and financial support for the child’s living needs in their first two years of residency; and
- Enrol and support your child in English language classes (if required)
I am a child on this visa but have a dependant child. Can I include them on my application?
Yes, you are able to include your dependant child in your application, if you are a child applying for this visa.