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Child Visa (Subclass 101 & 802) | Wintr Consulting

Child Visa (Subclass 101 & 802)

Reuniting families in Australia with permanent residency options for children.

The Australian Government recognises the importance of keeping families together. The Child visa program allows children to join their parent in Australia permanently, whether the child is currently overseas (subclass 101) or already in Australia (subclass 802). These visas grant children permanent residency in Australia.

Visa Options

Child (Subclass 101) Visa

Offshore Application

This visa is designed for children who are outside Australia when they apply and when a decision is made on the application.

Key Benefits:

  • Grants permanent residency from the date of approval
  • Allows study and work rights
  • Access to Medicare (Australia’s public health system)
  • Eligibility to apply for Australian citizenship (subject to residency requirements)
  • Allow the child to sponsor eligible relatives in the future

Child (Subclass 802) Visa

Onshore Application

This visa applies to children who are already in Australia. The application can be lodged and processed while the child remains in Australia.

Key Benefits:

  • Identical to subclass 101 but allows the child to stay in Australia during processing.

Key Eligibility Requirements

Both subclass 101 and subclass 802 visas carry the same components for assessment. The child and sponsoring parent must satisfy all the following requirements:

  • 1. Age & Dependency: The child must be under 18 years old, OR 18 to under 25 years old and studying full time (financially dependent), OR over 18 and unable to work due to disability. The child must demonstrate genuine dependency.
  • 2. Relationship: The child must be the biological, adopted or stepchild of the sponsoring parent. The child must not be married or engaged to be married, be financially dependent on the sponsoring parent and be single.
  • 3. Sponsor: The sponsoring parent must be an Australian citizen, a holder of an Australian permanent visa, or an eligible New Zealand citizen.
  • 4. Location: The child must be outside Australia at both application and decision for subclass 101, and inside Australia for subclass 802. This distinction is critical.
  • 5. Health & Character: The child must meet Australia’s health requirements. Children over 16 must also meet character requirements.

Protecting Children

Australia’s Family visa program carries strict rules for people who wish to sponsor their partner or child. Individuals charged with or convicted of a registrable offence involving children are not permitted to sponsor a child. This restriction also applies if the sponsor’s partner has such a conviction. The Department may refuse a sponsorship application if it believes the child’s welfare could be at risk.

Child visa applications can be complex and emotional, particularly because it’s to do with your child. Small errors or missing evidence can result in long delays. At Wintr Consulting, we:

  • Assess eligibility carefully before lodgement
  • Guide families on gathering strong supporting evidence
  • Prepare comprehensive submissions aligned with Department policy and case law
  • Provide ongoing updates and support until a decision is made

Our goal is to ensure your family is brought together with as less hassle to you as possible. If you have a child or children who you’re looking to reunite with, we look forward to hearing from you.

Frequently Asked Questions

Can adopted or step-children apply?
Yes. Adopted children are eligible if the adoption occurred before the sponsor became an Australian citizen, permanent resident, or eligible New Zealand citizen. Stepchildren can be included if the sponsor is in a continuing relationship with the child’s parent and/or has ongoing legal responsibility for them.
What health and character checks are required?
All applicants must meet Australia’s health requirements, which may include medical examinations. Children aged 16 years or older must also satisfy character requirements, generally by providing police certificates for each country where they have lived for 12 months or more in the last 10 years.
Can multiple children be included in one application?
No. Each child must lodge a separate application. However, a dependent child of an applicant (such as a minor child of the main child applicant) can be included in that application.
Can a parent apply on behalf of their child?
Yes. Parents or legal guardians are able to lodge the visa application on behalf of their child, especially where the child is under 16 or otherwise unable to complete the application themselves.
What are the current processing times?
The Department of Home Affairs provides estimated processing times through the Global Visa Processing Times tool.
Can the child work or study once in Australia?
Yes. Both the subclass 101 and subclass 802 visas grant full work and study rights once the visa is approved.
What happens if the sponsor’s circumstances change?
Sponsors must notify the Department of Home Affairs if there are any significant changes, such as a change in relationship status, address, or financial ability. The Department will assess whether the child’s best interests continue to be met.
Can sponsorship be withdrawn after the visa is granted?
No. Once the visa is granted, sponsorship cannot be withdrawn. Sponsoring parents must continue to meet their obligations, including providing financial and settlement support for the first two years.
What if the child has debts to the Australian Government?
If the child has outstanding debts to the Australian Government, these must be repaid or arrangements must be made before the visa is granted. Failure to do so may result in refusal of the visa.
Can my child travel to Australia during the visa processing period?
A child applying under subclass 101 must remain outside Australia at the time of lodgement and decision. While it may be possible to visit on a temporary visa while the visa is processing, it may present issues. These decisions are made on a case by case basis, and should be consulted with our team first.
Does the sponsoring parent need to be in Australia?
No. The sponsoring parent does not need to be physically present in Australia when submitting an offshore (subclass 101) visa. The Sponsorship is valid regardless of their location.
Is written consent required when the child lives with only one parent?
Yes. If a child under 18 is being brought to Australia, written consent from all persons who have legal responsibility (e.g., other parents or guardians) is required.

Acknowledgement of Country

Wintr Consulting acknowledges the traditional owners of country throughout Australia and acknowledges their continuing connection to land, waters, and community. We pay our respects to the people, the cultures, and the elders past and present.

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