Subclass 802 Child

This visa allows a child to permanently stay in Australia and live with their parents.

If the child has a brother or sister that wants to apply for this visa, a separate application must be submitted to the Department of Home Affairs.

To be eligible for this visa, the child must meet the following:

  • Be sponsored by a parent who is an Australian citizen, permanent resident or eligible New Zealand;
  • Be under 18 years old;
  • Be single;
  • If over 18 years old but under 25 years old, must be a full-time student or unable to work due to disability;
  • Be inside of Australia at time of visa application and when the Department of Home Affairs makes the decision; and
  • Pass the health and character requirements.

For sponsors, you must meet the following:

  • Be an Australian citizen, permanent resident or eligible New Zealand citizen;
  • Be the biological, adopted or step parent of the child;
  • Pass the character requirement; and
  • Able to provide adequate accommodation and financial support to the child for their first 2 years in Australia.

Adopted children

If the child was adopted, the sponsor must provide adoption papers or adoption compliance certificate.

If the adoption involved an Australian state or territory central adoption authority, the sponsor must provide a letter supporting the adoption.

If the child was adopted through an expatriate adoption process, the sponsor must provide evidence that:

  • At least one of the adoptive parents lived outside Australia for more than 12 months before the adoption was finalized
  • The adoptive parent did not arrange to live overseas so they could avoid Australia’s intercountry adoption laws
  • The adoptive parent has full and permanent parental rights, with no remaining legal ties between the child and birth parents
  • The child was adopted in line with the adoption laws of their home country

What can you do with this visa?

  • Travel to and from Australia for 5 years
  • Stay in Australia indefinitely
  • Work in Australia
  • Study in Australia
  • Medicare entitlement
  • Apply for Australian citizenship if eligible

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    Sunshine Migration Law Group
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