Child Visa (Subclass 101/802)

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1. About this visa

Permanent visa that allows a child to travel to and remain in Australia, with their parent who is also their sponsor. Parent must be an Australia citizen/permanent resident or an eligible   New Zealand citizen

Visa charge – $1995 offshore, $2960 onshore

Visa Eligibility: child under 25 years of age

2. How this visa works


Sponsor (parent):  sponsor the child and any of the child’s family members who are migrating with the child

· provide accommodation and financial assistance  for two years

Applicant (child):  lodge the application. Note: usually the sponsor does this on behalf of the child

3. Sponsor Eligibility

· Must be an Australian citizen, the holder of an Australian permanent visa, or an eligible New Zealand citizen

· Must be the parent or step-parent to the child

· Must be 18 years of age or over. If sponsor is under 18, their cohabitating partner may act as sponsor if they are an Aus citizen, holder of an Aus permanent visa, or an eligible NZ citizen

·Must satisfy one of the following custody requirements when child is under 18

o Have sole legal right to determine where child shall live, or to remove child from their home country

o If another person can legally determine where the child can live, the sponsor must obtain a statutory declaration from this person or people, granting permission for the child to migrate.

o they must possess a valid court order allowing them to permanently remove the child from the child's home country

o they must have a court order issued by the Family Court of Australia, and the grant of the visa must be consistent with that order.

· Sponsor and spouse must not have a conviction or an outstanding charge for an offence against a child

4. Applicant Eligibility

· Be a child (under 25) or step child (under 18) of their sponsor. Step parent must be the former partner of the child’s parent and have legal responsibility to care for the child

· If adopted, must be adopted before their parent became an Aus citizen/PR or eligible NZ citizen. If child is adopted after, they should apply for the ‘Adoption’ visa (subclass 102)

· Show dependency on sponsor to meet basic needs of food shelter and clothing for at least 12 months, or because of a disability that prevents them working to support themselves.

· If older than 18, child must be full-time student and financially dependent on sponsoring parent. Exception: disability. To be considered a full –time student, the child must:

o Be validly enrolled and actively participating, in a full time post secondary course of study leading to a professional, trade or vocation qualification

o Have been undertaking that course since turning 18 years of age, or have commenced studies within 6 months or a reasonable period of completing secondary education.

o Not be in full-time employment

· Must be single and not engaged to be married. Must also never have been married or had a de facto partner

· Be of good character

Assurance of Support: May be required

4. Obligations

Sponsor: sign undertaking to

*financial assistance

assurance of support may be required

Last Updated on Wednesday, 19 December 2012 11:14

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