CHILD VISA

CHILD VISA AUSTRALIA

How many ways a child visa can be lodged?

1. Subclass 101 Child Visa

2. Subclass 802 Child Visa

3. Subclass 445 Dependent Child Visa

4. Subclass 102 Adoption Visa – intercountry adoption process

Comparison Chart

 Subclass 101Subclass 802Subclass 445Subclass 102 Adoption Visa
Which visa is best suits your requirement?be a dependent child of a parent who is an Australian citizen, eligible New Zealand citizen or holder of an Australian permanent visa 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 single and dependent on the parent outside Australia when the application is made 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 be a dependent child of the visa-holding parent be sponsored by the nominator or sponsor of the visa-holding parent have been under 18 years of age when adopted, when they apply and when we make a decision be outside Australia when the application is submitted be adopted or in the process of being adopted by their sponsor parent
In case of the Adopted ChildTo be granted this visa, an adopted child must have been adopted before they turned 18 by a parent who was not an Australian citizen, permanent resident or eligible New Zealand citizen at the time of adoption. 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).   If you want to adopt a child from overseas, this is called intercountry adoption. In Australia, you may be eligible to adopt from one of our partner countries.   (DHA excludes adoption visa if a child is adopted in Pakistan)   https://www.intercountryadoption.gov.au/  
Where the child must be at the time of lodgement?Outside Australia (currently due to Covid – can be anywhere)In Australia (No Covid concessions)In or Outside AustraliaOutside Australia (currently due to Covid – can be anywhere)
At the time of decisionOutside Australia (currently due to Covid – can be anywhere)In Australia (No Covid concessions)In or Outside Australia (No Covid concessions)Outside Australia (currently due to Covid – can be anywhere)
Duration of VisaPermanent – 5 yearsPermanent – 5 yearsTemporary – until the parent permanent partner visa is decided 
If more than one child?Each of the child’s siblings must apply for this visa separately.Each of the child’s siblings must apply for this visa separately.Each of the child’s siblings must apply for this visa separately. 
Cost$2665 per child$2665 per child$2665 per child $2665 per child
Parents statusMust be the PR, Citizen of Eligible New Zealand Citizen of AustraliaMust be the PR, Citizen of Eligible New Zealand Citizen of AustraliaParent must be the holder of Subclass 309 or 820 Partner Visa 
Child StatusBiological, Adopted or StepchildBiological, Adopted or Stepchild  
If adopted child?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.   Adoption can be done before or after a parent become Australian PR, Citizen or eligible New Zealand citizen.   If after a parent become Australia PR Citizen or eligible New Zealand citizen, then child must be adopted under intercountry adoption.  

101.21  Criteria to be satisfied at time of application 

101.211 

(1)  The applicant:

(a)  is a dependent child of:

(i)  an Australian citizen; or

(ii)  the holder of a permanent visa; or

(iii)  an eligible New Zealand citizen; and

(b)  subject to subclause (2), has not turned 25; and

(c)  either:

(i)  is:

(A)  the child (other than an adopted child);

(B)  the step-child within the meaning of paragraph (b) of the definition of step-child;

of the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in paragraph (a); or

(ii)  was adopted overseas by a person who, at the time of adoption, was not an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen, but later became an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen.

(2)  Paragraph (1)(b) does not apply to an applicant who, at the time of making the application, was a dependent child within the meaning of subparagraph (b)(ii) of the definition of dependent child.