Onshore Child Visa (Subclass 802)

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, or over 18 and unable to work due to a disability
• be single and dependent on the parent
• be in Australia when the application is made and when we make our decision

Visa Eligibility

• The child must be in Australia, but not in immigration clearance, when the application is submitted and when DOHA makes a decision. The child can’t apply for this visa if they are in Australia on another visa with a no further stay condition.
• 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, the adoption must have been finalized before the child turned 18.

  The adoption can have happened either before or after the parent became an Australian citizen, Australian permanent visa holder or eligible New Zealand citizen. If the child was adopted after their parent became an Australian citizen, Australian permanent visa holder or eligible New Zealand citizen, they must have been adopted:

  • through an intercountry adoption with the involvement of an Australian state or territory central authority, or
  • through an intercountry adoption by arrangement between two countries (other than Australia) that are parties to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (the Hague Adoption Convention), or
  • if no Australian state or territory central authority was involved, through an expatriate adoption by an Australian citizen, an eligible New Zealand citizen or the holder of an Australian permanent visa who has been living outside Australia for more than 12 months before the adoption was finalized.

  Learn more about adopting a child overseas from Intercountry Adoptions Australia.

  It is recommended that you obtain independent legal advice both in Australia and in the child’s country of usual residence before proceeding with an expatriate adoption as there are risks for both the child and the adoptive parents in this process.

  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 AND must be financially dependent on their parent.
• The child: can’t be married or in a de facto relationship OR can’t be engaged to be married. If the child is over 18, they must never have been married or had a de facto partner.
• 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.
• DoHA might not grant this visa if it is not in the best interests of an applicant under 18.
• The child might not be eligible for this visa if, since they last arrived in Australia, DOHA has refused a visa application, or cancelled a visa.

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 dependants 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.

Visa Processing Time

The processing time for the child visa 802 can take 5 to 18 months. To avoid unnecessary delays, make sure to fill in your application form completely and accurately and attach all required documentation promptly.

802 Visa Application Process

Below is the general process of applying for the 802 child visa:

• Secure the child’s valid passport
• Gather and secure the necessary documents, such as:
  • Identity documents
  • Travel documents
  • Passport-size photos of the child and their dependents
  • Proof of relationship to the parent, such as birth certificate, marriage certificate, family book, letter of adoption, etc.
  • Financial documents, such as bank statements, receipts, etc.
  • Police certificate
• Complete the paper application form, including:
  • Form 47CH Application for migration to Australia by a child
  • Form 40CH Sponsorship for a child to migrate to Australia
• Pay the application fee