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 101 | Subclass 802 | Subclass 445 | Subclass 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 Child | To 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 Australia | Outside Australia (currently due to Covid – can be anywhere) |
| At the time of decision | Outside 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 Visa | Permanent – 5 years | Permanent – 5 years | Temporary – 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 status | Must be the PR, Citizen of Eligible New Zealand Citizen of Australia | Must be the PR, Citizen of Eligible New Zealand Citizen of Australia | Parent must be the holder of Subclass 309 or 820 Partner Visa | |
| Child Status | Biological, Adopted or Stepchild | Biological, 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.
