Child Visa
Child visa is for a natural, adopted or stepchild to live with their parent/s in Australia. The visa application must be sponsored by a parent who must be an Australian citizen, holder of a permanent visa or an eligible New Zealand citizen. Children born outside Australia to parents who are not Australian citizens do not automatically acquire Australian citizenship. Therefore, children born outside Australia to permanent resident parent/s need to apply for child visa.
Child Visa Categories
There are three broad categories of child visas:
- A child visa for a dependent child of an Australian sponsor
- An adoption visa for a child adopted outside Australia by an Australian sponsor
- An orphan relative visa for a child who is under 18 years of age at the time of application and who cannot be cared for by either parent
Orphan Relative Category (Subclass 117, 837)
For children or stepchildren overseas under 18 years of age who have a parent who is an Australian citizen or Australian permanent resident or eligible New Zealand citizen to care for them.
Adoption Category (Subclass 102)
For children under 18 years of age who have been adopted or are in the process of being adopted by their sponsor.
The adoption must be supported by a state or territory adoption authority unless the adoptive parent has been resident overseas for a period of at least 12 months at the time of the migration application, and they can demonstrate their residence overseas was not contrived to deliberately bypass the requirements concerning entry of adopted children.
Dependent Child (Temporary) (Subclass 445)
For children whose parent holds a temporary partner visa and is in the process of obtaining a permanent partner visa, to travel to or remain in Australia for the same period as their parent. Once this visa has been granted, the child can apply to be added to their parent’s Permanent Partner Visa application
Child (Permanent) visa (Subclass 101)
Subclass 101 Visa is for offshore children from overseas when the application is made.
Child (Permanent) visa (Subclass 802)
Subclass 802 Visa is for onshore children from overseas when the application is made.
Different visas allow applications to be made while child is either onshore or offshore. We can assist you in choosing suitable visa for your situation, Contact Us.
Common eligibility for all Child Visa applications
To successfully apply for a child visa, the child:
- Must be single
- Must be younger than 18 years old, or a full-time student aged 18 to 25, or over 18 and unable to work due to a disability
- Financially dependent on their parent
- Meet health and character requirement
Please note that visa specific criteria will also apply depending upon the option chosen.
Family Migration Visas
Can I file my partner visa application in Australia?
Yes, if you enter Australia on an appropriate visa for your intended purpose and length of stay. However, if your temporary visa states “no further stay” it may not be possible to apply for a further visa from within Australia.
What documents should I provide as evidence of identity and marital status?
Certified copies of your passport or travel document, national identity documents, translated to English if not in English already must be submitted as evidence. Translated or international civil status records such as birth, marriage, death certificates are also accepted.
As an Australian citizenship or permanent residence which documents should I provide being sponsor?
You should submit a certified copy of passport, Australian citizenship certificate or Australian birth certificate. If sponsor is a permanent resident of Australia, submit a certified copy of the passport.
Do I need to include my children in the migration application if they are Australian citizens?
No, since your children are Australian citizens they cannot be granted a visa. They should travel to Australia on an Australian passport only. While filing the application form declare all of your children and marked them as ‘not migrating’ even if they are travelling with you to Australia.
Can we apply for a de facto partner visa if we have not lived together for 12 months?
Yes, relationship criterion does not require couple to have physically lived together for entire 12 months immediately prior to filing your application. If you have been in a de facto relationship for that period you may provide additional evidence that you are not living separately and apart on a permanent basis in order to satisfy the requirement.
Can I apply for a de facto partner visa if I am still married to someone else?
To apply for a Partner visa as a de facto partner, you must show that you and your partner have been in a de facto partner relationship to the exclusion of all others. If you are still married to another person at the time of lodgement application, you will need to provide evidence that your previous relationship is no longer ongoing.
Can I sponsor my partner if I have sponsored someone else for migration to Australia before?
Yes, unless you have previously sponsored 2 other partners to Australia or have sponsored another partner within the last 5 years or were sponsored as a partner yourself within last 5 years. Depending on your specific circumstances, it may be possible to sponsor.
How long is a Prospective Marriage (Subclass 300) visa valid for?
A subclass 300 Prospective Marriage visa is a temporary visa with validity of 9 months from date of grant. You must marry the sponsor within the validity period of the visa in or outside Australia.
Can I get married while my Prospective Marriage (Subclass 300) visa is under process?
Yes, since there is a provision to be considered for a Partner visa without the need for you to lodge a new application.
Can I travel to Australia while my Partner visa application is being processed?
Yes, you may apply for other visas while your Partner visa application is under process. Each visa is assessed separately and will not affect the assessment of your partner visa application.
Can my Partner visa be granted while I am in Australia?
Yes. However, if you have filed your partner visa outside Australia, it is necessary that you are outside Australia at the time of visa grant. In case you are in Australia when your visa is ready for grant, the department will notify you to depart Australia.
For partner visas, do you need to interview me and my partner/sponsor?
Mostly we conduct interviews over telephone. However, we will contact you if we need to arrange an interview in person.
Is it necessary that I or my partner/sponsor have to remain in country of residence during visa processing?
No.
What are two stages in processing Partner visa?
Partner visas are granted in a two-stage process with a provisional visa being granted initially and the permanent visa being considered 2 years after the initial application. However, applicant is required to apply for a provisional (Subclass 309) and permanent (Subclass 100) visa at the same time and pay visa application charge once only.
Is it possible to apply for permanent Partner (subclass 100) visa without waiting for 2 years?
Yes, if at the time of application you have been in a relationship with your partner for three years or more from the time you started a committed married or de facto relationship with your partner, or two years or more if there are children of your relationship.
What’s the difference between 143 & 173 visas?
The 143 and 173 parent visas are both subclass visa options for skilled workers who have been nominated by an Australian employer.
The 143 visa is a permanent residency visa, while the 173 visa is a provisional residency visa.
The main difference between the two visas is the timeframe in which holders are eligible to apply for citizenship.
Holders of the 143 visa can apply for citizenship after four years, while holders of the 173 visa must wait until they have held the visa for two years before applying.
In addition, the 173 visa allows holders to travel in and out of Australia more freely than the 143 visa.
As a result, it is generally considered to be a more attractive option for workers who are looking to eventually settle in Australia permanently.
