Child Visa

Child Visa Subclass 101 and 820

An Australia child visa is a family visa issued to children whose parents or legal guardians are living in Australia. To get the visa the parent must be an Australian citizen, permanent resident or eligible New Zealand citizen. Child visa covers biological children as well as adopted children and step-children of the sponsoring parent but this legal advice shall confine its discussion on the eligibility and visa requirements of bio- logical children.

A child visa is issued in two subclasses:

• Subclass 101, and
• Subclass 802

Subclass 101 is for applicants who are outside of Australia, while subclass 802 is suitable for your child if they are in Australia under another substantive visa or a valid bridging visa.

While Subclass 101 is a permanent visa, Subclass 801 is valid for 5 years and you should extend this visa trough apply for a Resident Return Visa (RRV) before the visa expired, in order to the child can re-enter Australia as a permanent resident.

Eligibility Criteria for a Child Visa

Your child can apply for this visa if they are sponsored by you or your partner and:

• They are either your biological, adoptive or step-children.
• They have no partner.
• They meet the health requirements.
• They meet the character requirements (if they are over 16).
• They are either under 18 or full-time students between 18-25 (unable to work and financially dependent on you)
• They are over 18 with a disability. They must have lost total or partial control of their physical and mental capacities and are unable to work full time.

Criteria for Applicants Over 18

• At the time of application, the visa Applicant has turned 18, they need to meet cer-
  tain requirements relating to relationships, work, and study;
• At the time of application, the Applicant must not be engaged to be married and must
  not have or ever have had a spouse or de facto partne;
• At the time of application, the visa applicant must not be engaged in full-time work;
• At the time of application, the applicant must have, since turning 18, or within 6
  months or a reasonable time after completing the equivalent of Year 12 in the Australian
  school system, been undertaking a full-time course of study at an educational institution
  leading to the award of a professional, trade or vocational qualification.

Reasonable Break Between Studies

Under the Policy, examples of breaks of more than 6 months from studies that might be
considered reasonable are:

• if the break between completing studies in the Northern Hemisphere and commencing
  studies in the Southern Hemisphere is more than 6 months or;
• a break due to having given birth or;
• a break due to illness or;
• dire financial necessity or;
• if the applicant has commenced studies, but moved between institutions and it has taken
  time to re-commence studies.

At Enlight Legal & Migration we will be more than happy to assist you in your child visa and we would love to be a part of your journey of converting the Australian dream to reality!