Child Visa Subclass 802

Child Visa Subclass 802

Subclass 802 is a permanent visa, which lets the child stay in Australia indefinitely. The child becomes a permanent resident the day the Australian immigration officers at the Department of Home Affairs grant the visa.

With this Child visa the child can
  • work and study in Australia
  • enrol in Australia’s public healthcare scheme, Medicare
  • sponsor relatives to come to Australia
  • apply for Australian citizenship, if eligible

Travel to and from Australia for 5 years

The child can travel to and from Australia as many times as they want for 5 years from the date the Australian immigration officers at the Department of Home Affairs grant this visa. This is as long as the travel facility of this visa remains valid.

If the child wants to travel after the initial 5-year travel facility:

  • they will need to apply for and be granted a Resident Return (RRV) visa so they can re-enter Australia as a permanent resident
  • they might also want to consider Australian citizenship. If they become an Australian citizen, they don’t require a visa to re-enter Australia.

Include other 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 on their application when they apply or at any time before the Australian immigration officers at the Department of Home Affairs decide the application.

Child Visa Subclass 802: Cost

The visa costs AUD2665 for the main applicant plus additional charges for each dependent child who applies for the visa.

There might be other costs for health exams, police certificates and biometrics.

Child Visa Subclass 802: Apply from

The child must be in Australia, but not in immigration clearance, when the application is submitted and when the Australian immigration officers at the Department of Home Affairs make a decision.

The child can’t apply for this visa if they are in Australia on another visa with a no further stay condition.

Child Visa Subclass 802: Processing times

The application might take longer to process if:

  • it is not filled in correctly
  • it does not include all the documents the case officers at the Department of Home Affairs need or
  • it takes the department of Home Affairs time to verify the information

The Australian immigration officers at the Department of Home Affairs can’t process the application if the correct visa application charge is not paid.

The child’s obligations

The child and any dependants must obey all Australian laws.

Child Visa Subclass 802: Visa label

The Australian immigration officers at the Department of Home Affairs will digitally link the visa to the child’s passport. They will not get a label in their passport.

Be dependent on their parent who is an Australian citizen, eligible New Zealand citizen or Australian permanent visa holder

The child must be dependent on a parent who is an: 

  • Australian citizen
  • Eligible New Zealand citizen
  • Australian permanent visa holder

They can be their parent’s:

  • biological child
  • adopted child
  • stepchild
Adopted children

To be eligible for this visa, the adoption must have been finalised 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 finalised

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
  • 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

Have a sponsor

The child must be sponsored by an eligible parent or their parent’s spouse or de facto partner.

The Australian immigration officers at the Department of Home Affairs must approve the sponsorship. They might not approve sponsorship if the sponsor or their partner has been charged or convicted of offences involving children.

Child Visa Subclass 802: Be this age

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 and studying full time

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
  • can’t work full time
  • 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
  • attending classes

The child should have started study since turning 18 years of age or within 6 months (or a reasonable time) of finishing school. Any gaps of more than 6 months between their final year of school and the start of their further studies must be explained.

If the child is over 18 years with a disability

If the child is 18 years or older with a disability, they:

  • must have totally or partially lost their bodily or mental functions
  • can’t work full time
  • must be financially dependent on their parent
Have no partner

The child:

  • can’t be married or in a de facto relationship
  • 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.

Child Visa Subclass 802: Meet the health requirement

The child and any of their dependent children who apply for the visa with them must meet The Department of Home Affairs health requirement.

Dependent children who are not applying for the visa might also need to meet the Department of Home Affairs health requirement.

Child Visa Subclass 802: Meet the character requirement

If the child is aged 16 years and over they must meet The department of Home Affairs character requirement.

The Australian immigration officers at the Department of Home Affairs might also ask that their dependent children who apply for the visa with them meet the requirement.

Have paid back debt to the Australian Government

If the child or any member of their family owes the Australian Government money, it must be paid back or there must be a formal arrangement to pay it back.

Child Visa Subclass 802: Sign the Australian values statement

Children aged 18 or older must:

Not have had a visa cancelled or a previous application refused

The child might not be eligible for this visa if, since they last arrived in Australia, The Australian immigration officers at the Department of Home Affairs have:

  • refused a visa application, or
  • cancelled a visa

If the child does not have a substantive visa when they apply for this visa, and the Australian immigration officers at the Department of Home Affairs have cancelled a visa or refused a visa application since they last arrived in Australia, they must show the Department of Home Affairs they have become the dependent child of an Australian citizen, eligible New Zealand citizen or holder of an Australian permanent visa. They must also show the Department of Home Affairs that they have not been refused a visa or had their visa cancelled on character grounds.

Have consent to migrate to Australia

The Australian immigration officers at the Department of Home Affairs 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

Best interests of the child

The Australian immigration officers at the Department of Home Affairs might not grant this visa if it is not in the best interests of an applicant under 18.

Please contact our migration agent at Visa Help Australia Pty Ltd for assistance with your child visa application

Source: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/child-802#Overview