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Australian citizens, permanent residents, and eligible New Zealand citizens may sponsor children for permanent residency under the child visa scheme. In certain cases, the partner of the child’s parent may be eligible to be a sponsor.

There are two direct permanent pathways:

  • The 101 permanent child visa, which requires the child to be outside of Australia at the time of application and visa approval.
  • The 802 permanent child visa, where the child must be inside Australia at application lodgement and visa approval.

To be eligible for the visa, the child must be:

  • A dependent child of an Australian citizen, permanent resident or eligible New Zealand citizen and be wholly or substantially reliant on the parent for food, clothing and shelter;
  • Less than 18, or a full time student 18 or over but less than 25, or be 18 or over but unable to work due to a disability; and
  • Able to meet health and character requirements.

In addition to the above, the dependent child must not be and must have never been married or had a de facto partner.

Dependent children of 309 or 820 temporary partner visas holders may be able to apply for the subclass 445 Dependent Child visa. If granted this visa will allow the child to stay in Australia temporarily while their parent’s permanent visa is being processed. The child may then be included in the parent’s pending 100 or 801 permanent partner visa application.

The core requirements of the 445 temporary visa are that the child must:

  • be dependent on the parent who holds a 309 or 820 temporary partner visa;
  • be sponsored by the same person who sponsored their parent for the partner visa;
  • be less than 18, or over 18 but is financially dependent on the parent who holds the 309 or 820 temporary partner visa; and
  • meet health and character requirements.

Children of single dependent children may also be included in 445, 101 and 802 child visa applications.

How can we help

Our professional services include:

  • Determining your eligibility for one of the above visa subclasses
  • Assessing any available strategies, especially regarding location at time of lodgement and custody related issues
  • Advising on supporting evidence required
  • Preparing and lodging the sponsorship and visa applications
  • Communicating with the applicant and eligible sponsor until a decision is received

To discuss how we can assist you with advice, as well as in preparing and lodging your child visa application, please click here to contact Visa Lawyers Australia.