Offshore Child Visa (Subclass 101)

101 Visa Conditions

As the visa applicant, the child must,

• be a dependent child of a parent who is an Australian citizen, eligible New Zealand citizen or holder of an Australian permanent visa
• be under 18 years, a full-time student aged over 18 and under 25 and financially dependent on the parent, or over 18 and unable to work due to a disability
• be single and dependent on the parent
• be outside Australia when the application is made and when we make a decision on the application

Visa Eligibility

• The child must be outside Australia when the application is submitted and when DOHA makes a decision.
• The child must be dependent on a parent who is: Australian citizen OR Eligible New Zealand citizen OR Australian permanent visa holder.
• They can be their parent’s: biological child OR adopted child OR stepchild;
  

  Adopted children

  To be eligible for this visa, an adopted child must have been adopted before they turned 18 by a parent who was not an Australian citizen, permanent visa holder or eligible New Zealand citizen at the time of adoption.

  Stepchildren

  To be eligible for this visa, a stepchild must: be the child of their step-parent’s former partner AND be aged under 18.

  The step-parent must also have either: an Australian parenting order in force that says the child is to live with them and be looked after by them, OR guardianship or custody of the child under an Australian law or the law of another country.

• The child must be sponsored by an eligible parent or their parent’s spouse or de facto partner. DOHA must approve the sponsorship.
• The child must be either: under 18 years old, OR over 18 and under 25 years and studying full time, OR over 18 years with a disability.
• If the child is over 18 and under 25 years old they: must be a full-time student when they apply and when the visa application is decided AND can’t work full time AND must be financially dependent on their parent more than any other person.The child is a full-time student if they are: enrolled in a full-time course that leads to a professional, trade or vocational qualification AND attending classes.The child should have started study since turning 18 years of age or within six months (or a reasonable time) of finishing school. Any gaps of more than six months between their final year of school and the start of their further studies must be explained.
• If the child is 18 years or older with a disability, they: must have totally or partially lost their bodily or mental functions AND can’t work full time.
• The child can’t be or ever have been: married or engaged to be married OR in a de facto relationship.
• The child and any dependents must meet all the health and character requirements.
• The child must not have any debt to pay to the Australian government.
• Children above 18 or older must: have read, or had explained to you, the Life in Australia book AND sign an Australian Values Statement that confirms you will respect the Australian way of life and obey Australian laws.
• DoHA will only grant this visa to a child younger than 18 years if either: the child has the written consent of everyone who can legally decide where they live, OR the laws of the child’s home country allow them to leave their home country, OR it is consistent with any Australian child order about the child.

Visa Benefits

• stay in Australia indefinitely
• work and study in Australia
• enroll in Australia’s public healthcare scheme, Medicare
• sponsor your relatives to come to Australia
• apply for Australian citizenship, if eligible

Notes for Sponsors

• This visa lets you sponsor a child to move to Australia.
• To sponsor a child for this visa, you must: be an Australian citizen or eligible New Zealand citizen, or hold an Australian permanent visa AND be aged 18 or older. You must also be the child’s parent, OR their parent’s current spouse or de facto partner.
• You can sponsor a child for this visa if the child is under 18 years old, and you are no longer the partner of the child’s parent, but you have legal responsibility for the child.
• There is no cost to apply to sponsor a child, but you must agree to financially support the main visa applicant and their dependents for their first two years in Australia.
• Sponsorship obligations last for two years from the date when the applicant first enters Australia on the visa.

General Notes

• DoHA might not approve sponsorship if the parent or their partner has been charged or convicted of offences involving children.
• If the child has siblings who also want to apply, submit separate applications for each sibling. The child’s dependent children can be included in their application when they apply or at any time before DOHA decides the application.
• A child adopted before they turned 18 by a parent who was already an Australian citizen, permanent visa holder or eligible New Zealand citizen at the time of adoption might be eligible for an Adoption visa (subclass 102).

Child Visa Processing Time

The processing time for the child visa 101 can take 7 to 24 months. However, keep in mind that the application can take longer for complex cases.

To avoid unwanted delays, make sure to fill in the application form completely and truthfully and submit all required documentation promptly.

Responsibilities of Sponsors/Parents

Sponsors and/or parents must:

• Provide all necessary information and documents to support your visa claims.

Ensure that all legal guardians consent to the child’s relocation to Australia.

Provide financial support for the child, and any dependent children who are granted the visa with them, for the first two years.