Child Visas
This page gives you a broad understanding of how your child can migrate to Australia under a range of circumstances.
Generally speaking, the circumstances could be one of the following :
- A child is born to parents while their temporary or permanent visa application is being processed. In such circumstances, the child can be added to your visa application.
- A child may be born to parents while they are in Australia on a temporary visa. In such cases, the child is granted the same visa as you & your partner hold at the time of the child’s birth.
- A child may be born in Australia to an Australian Citizen or a Permanent Resident visa holder. In such cases, the child is eligible to be granted Australian Citizenship by birth.
- A child is born outside Australia to an Australian citizen. In such cases, the child is eligible to apply for Australian Citizenship by descent.
- A citizen child of a country other than Australia is adopted by an Australian citizen or permanent resident. In such cases, the child may be eligible to apply for an Adoption Visa or might also be eligible for Australian Citizenship.
Visas that a child can apply for to migrate to Australia will depend on the circumstances of each child. Child visas may be categorized into the following subclasses :
Dependent Child Visa – Subclass 445
This is a temporary visa. This visa allows the child of a parent, who is a temporary partner visa holder, to enter & stay in Australia. Once in Australia, the child can be included in their parent’s permanent partner visa application as & when such application is submitted. The child can remain in Australia till a decision is taken on their parent’s permanent partner visa application in which they too have been included. Once a decision is taken on the visa application, the child is granted the same permanent visa as the parent.
The child must be sponsored by the same person who has sponsored the parent of the child.
There are a range of criteria that must be satisfied by both the sponsor of the child & the child who is the visa applicant, both at the time of applying for this visa & at the time of including the child in their parent’s partner visa application.
If this situation is applicable to you, contact us to file your Subclass 445 visa application & assistance in subsequent actions in accordance with relevant applicable migration laws, so that you are successful in achieving your desired goals with minimum anxiety.
Child Visa – Onshore (Subclass 802)
This is a Permanent Resident visa. This visa allows the child of an Australian citizen or Permanent Resident parent, who is already in Australia on a substantive visa, to remain & live in Australia permanently. The child must be sponsored by an eligible parent or their parent’s spouse or de facto partner. Recent changes in migration law require a sponsorship to be approved before a visa can be granted to a child.
The child can be the biological child, adopted child, step-child or a child born under a Surrogacy arrangement of their parent. There are a range of criteria that need to be met in the case where the child is a step-child, an adopted child or a child born under a Surrogacy arrangement. Contact us for more details.
Do you currently have a child who is in Australia on a temporary visa & are uncertain of what visa options such child may have & whether the child satisfies all criteria to apply for this visa. Contact us to know what is in the best interest of your child.
Child Visa – Offshore (Subclass 101)
This is a Permanent Resident visa. This visa allows the child of an Australian Citizen or Permanent Resident parent, who is currently residing outside Australia, to migrate to Australia & live there permanently. The child must be sponsored by an eligible parent or their parent’s spouse or de facto partner. Recent changes in migration law require a sponsorship to be approved before a visa can be granted to a child.
The child can be the biological child, adopted child, step-child or a child born under a Surrogacy arrangement of their parent. There are a range of criteria that need to be met in the case where the child is a step-child, an adopted child or a child born under a Surrogacy arrangement. Contact us for more details.
Do you currently have a child who is outside Australia & whom you would like to bring to Australia to live with you, contact us to know if that child is eligible to apply for this visa or if there are other visa options that the child can explore.
Adoption Visa – Subclass 102
This is a Permanent Resident visa. It allows for the permanent migration of a child from a country other than Australia, who has been adopted or is in the process of being adopted, to live in Australia permanently as a child of the adopted parent.
The child may be adopted with the involvement of an “Australian State or Territory Central Adoption Authority (STCAA)” under –
- The Hague Adoption Convention, or
- A bilateral Adoption Agreement with a competent authority of another country, or
- Another Adoption agreement between two countries
The child can also be adopted under an “Expatriate Overseas Adoption”, wherein an Australian citizen parent who has been living outside Australia for more than 12 months adopts the child while living overseas.
Inter-country adoption processes can be cumbersome & time-consuming and require genuine intention & significant effort on part of the adoptive parents. They require appropriate legal assistance since the adoptive parents need to acquaint themselves of both Australian adoption laws & the adoption laws of the country from which they would like to adopt the child.
The circumstances applicable to each adoption case can be very different & unique & require expert guidance at every step. Contact us so that you can meet your adoption goals in the most effective manner.
