Requirements to be eligible for Child visa (Subclass 101)

There are two different categories of requirements for the applicant (the child) and those for the sponsor (their parent or parent’s partner).

1. Location: The child must be outside Australia when the application is lodged and when a decision is made on the application.
(*Note: If you are applying for Child visa from inside of Australia, Child visa(Subclass 802) is more suitable as the child needs to be inside of Australia when applying for child visa. The link can be found here. {link to subclass 802})

2. Sponsorship: The child must be sponsored by an eligible parent or their parent’s partner. The sponsorship must be approved.

3. Relationship to Sponsoring Parent: The child must be a biological child of the sponsoring parent, or and adopted child of the sponsoring parent (thought that means meeting specific requirements).
A step-child of the sponsoring parent where the sponsoring step-parent is no longer the partner of the child’s parent but has a legal responsibility to care for the child, or the child’s parent is deceased and the step-parent (the sponsor) has care of the child. For other step-child situations, a different visa (like Subclass 445 Dependent Child visa leading to a permanent partner visa for the parent) might be more appropriate if the step-parent is still with the child’s biological parent.

4. Age: The child must under 18 years old when the application is decided or, between 18 and 24 years old, a full-time student, and financially dependent on the sponsoring parent. Alternatively, if the child is over 18 years, then they are eligible to apply for this visa if the child is with a disability that prevents them from being able to work, and financially depedent on sponsoring parent.

5. Marital Status: The child must be single (not married, not engaged to be married, and not in a de facto relationship).

6. Dependency: The child must be dependent on the sponsoring parent. If the child is under 18, the child is assumed to be dependent if living with the parent or if the parent provides financial and other support. If the child’s age is between 18 and 24 and a full-time student, they should be financially dependent on the sponsoring parent for their basic needs (food, clothing, shelter, school fees). Otherwise, if the child is 18 and older and unable to work due to a disability, they must be fully dependent on the sponsoring parent.

7. Parental Responsibility and Consent: The laws of the child’s home country must permit the child to migrate to Australia. If the child is under 18, everyone who has a legal right to decide where the child lives must consent to the child migrating to Australia, or an Australian court order must permit the migration.

8. Best Interests of the Child: Granting the visa must be in the best interests of the child. This is a primary consideration.

9. Health Requirements: The child must meet Australia’s health requirements. This involves booking medical examinations with a panel physician approved by the Department of Home Affairs in their country of residence.

10. Character Requirements: If the child is 16 years of age or older, they must meet Australia’s character requirements. This generally means providing police certificates from countries where they have lived for 12 months or more in the last 10 years.

11. Debts to the Australian Government: If the child (or any family members included in their application, though typically a child applies alone for this visa) owes the Australian Government money, it must have been paid back or an arrangement made to pay it back.

12. Australian Values Statement: If the child is 18 years of age or older at the time of application, they must have read or had explained to them the ‘Life in Australia’ booklet and sign an Australian Values Statement.

Requirements for the Sponsor (Parent or Parent’s Partner):

1. Relationship to Applicant: The sponsor must be the child’s parent (biological, adoptive, or eligible step-parent as defined above) or their current partner.

2. Status in Australia: The sponsor must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.

3. Age: The sponsor must usually be 18 years of age or older.

4. Provide Sponsorship: The sponsor must formally agree to sponsor the child. This includes taking responsibilities to provide financial support, accommodation, and care for the child as needed, particularly for their first two years in Australia.

5. Ability to Support: The sponsor must show that they can meet their sponsorship requirements, including providing adequate accommodation and financial support for the child.

6. Character: The sponsor (and their partner, if applicable) must meet certain character requirements to ensure there is no risk to the child. Thisususally means going through police checks.

7. Parental Responsibility: If the sponsor is a step-parent who is no longer with the child’s other biological parent, they must have legal parental responsibility for the child.

Checklist for Child visa (Subclass 101)

This is a general guide. The specific documents required will vary based on the child’s individual circumstances. Always refer to the document checklist provided by the Department of Home Affairs or our migration agent here when you apply.

A. Applicant’s (Child’s) Identity and Civil Documents:

• Passport bio-data page (certified copy).
• Recent passport-sized photographs (meeting specific requirements).
• Original or certified copy of the child’s full birth certificate showing both parents’ names.
• National ID card for the child (if applicable).
• Evidence of name change for the child (if applicable).
• Evidence of single status if the child is older (e.g., a statutory declaration).

B. Relationship Documents (Child to Parent/Sponsor):

• Certified copy of the sponsoring parent’s birth certificate.
• If adopted, certified copies of all adoption papers, including court orders.
• If a step-child, evidence of the relationship between the step-parent (sponsor) and the child’s biological parent (e.g., marriage certificate), evidence that the step-parent is no longer with the other biological parent (if applicable), and evidence of the step-parent’s legal responsibility for the child (e.g., court orders).
• Family status certificates or family books (if applicable in your country).

C. Dependency Documents (if child is 18 or over):

• a. If 18-24 and a full-time student:
  • Evidence of full-time enrolment in a course of study.
  • Evidence of financial dependency on the sponsoring parent for at least 12 months before application (e.g., bank statements, money transfer receipts, evidence parent pays for living expenses).
• b. If 18 or over and has a disability:
  • Medical reports detailing the disability and its impact on their ability to work.
  • Evidence of financial dependency on the sponsoring parent.

D. Parental Consent / Legal Permission Documents (for children under 18):

• Form 1229 Consent to grant an Australian visa to a child under the age of 18 years, completed by each person with a legal right to decide where the child lives who is not an applicant with the child. This must include a certified copy of their photo ID (e.g., passport or driver’s licence).
• OR a statutory declaration from each such person consenting to the child’s migration.
• OR an Australian court order permitting the child to migrate to Australia.
• OR if the laws of the child’s country of residence permit migration without the consent of a particular person, evidence of this.
• If one parent is deceased, a certified copy of their death certificate.
• Evidence of sole custody or parental responsibility if applicable (e.g., court orders).

E. Sponsor’s Documents:

• Evidence of their Australian citizenship, permanent residency, or eligible New Zealand citizen status (e.g., Australian birth certificate, citizenship certificate, passport, visa grant notice).
• Evidence of their identity (e.g., driver’s licence, passport).
• Evidence they can support the child (e.g., notice of assessment from the Australian Taxation Office, payslips, employment contract, bank statements).
• Completed sponsorship form (Form 40CH Sponsorship for a child to migrate to Australia).
• Australian police certificates (and overseas police certificates if they have spent significant time overseas).

F. Health Documents (Child):

• Evidence that the child has made arrangements for health examinations with an approved panel physician in their country of residence. (Do not arrange these until instructed by the Department).

G. Character Documents (Child, if 16 or older, and Sponsor):

• For the child (if 16+): Police certificates from every country they have lived in for a total of 12 months or more in the last 10 years since turning 16.
• For the sponsor (and their partner): Australian Federal Police certificates. They may also need overseas police certificates if they have lived overseas for 12 months or more in the past 10 years.
• Form 80 – Personal particulars for assessment including character assessment (for the child if 16+).

H. Other Forms:

• Completed visa application form (Form 47CH Application for migration to Australia by a child).
• Form 956A Appointment or withdrawal of an authorised recipient (if someone is assisting with correspondence).
• Form 956 Appointment of a registered migration agent, legal practitioner or exempt person (if you are using a migration agent).
• Signed Australian Values Statement (for the child if 18 or older).