101 Child visa

About This Visa

Children who have a parent who is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen, are able to live in Australia permanently on a Child Visa subclass 101 or 802.

In essence, each of these visas are the same – they both allow a child of an eligible parent sponsor to live in Australia indefinitely. The only difference is the location of the applicant when the application was lodged and decided on – 101 visa is for offshore applicants and 802 is for onshore.

What this visa lets you do

This is a permanent residence visa. It allows the child to:
Travel to and stay in Australia indefinitely
Work and study in Australia
Enrol in Medicare, Australia's scheme for health-related care and expenses
Apply for Australian citizenship (if they are eligible)
Sponsor eligible relatives for permanent residence
Travel to and from Australia for five years from the date the visa is granted - after that time they will need another visa to enter Australia.

Who can Sponsor the Child?

Unlike other sponsorship based visas, applicants can only be sponsored by an eligible parent. To be considered an eligible parent, they must be the parent (or their partner), or step-parent of the child, be over the age of 18, and be a settled Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.

The Department also allows step-parents who are no longer the partner of the child’s parent, but have a legal responsibility to the care of the child who is under 18 to become a sponsor of the child. In addition to this, adoptive parents who adopted the child before they became an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, are also permitted to become a sponsor of the child.

Visa Application Requirements

To apply for either a 101 or 802 visa, you must meet the following criteria:

Have an eligible sponsor
Be single
Be one of the following:
Younger than 18 and not adopted;
Be under the age of 18 and adopted;
Be between the ages of 18 and 25 and be a full-time student; or
Be 18 or older and have a disability which prohibits them from working, and be dependent on their sponsoring parent
Meet certain health requirements, and if over the age of 16, meet certain character requirements.

Upon granting the visa to a child under the age of 18, the Department will consider whether this visa is in the best interests of the child

Parental responsibility
This visa can be granted only if you can show one of the following for a child younger than 18 years of age:

You have the written consent of each person who can legally decide where the child lives
The laws of the child's home country permit the removal of the child
It is consistent with any Australian child order

It is important that while you are applying for this visa, you refer the document checklist thoroughly as it provides you with the information of all the documents that you must provide to substantiate your visa claims.

Other basic requirements:

Authorities may ask for an assurance of support for the child so that welfare costs for some migrants are not borne by the Australian community. This however needs to be provided only if and when asked for
The child must meet certain health requirements. The results are usually valid for 12 months. This also applies to any dependent family members included in your application, whether they are migrating or not
A child older than 16 years of age must meet certain character requirements. They must be prepared to provide a police certificate from each country they have lived in for 12 months or more during the past 10 years after they turned 16 years of age. Police certificate needs to be provided only when asked for
The child must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government
The child might be asked to provide biometrics as part of the application

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