Subclass 101 and 802
The Subclass 101 and 802 visas are permanent pathways for children of an Australian permanent resident, citizen, or ENZC.
Ensuring a Permanent Future for Your Children
The Child visas allow children to live permanently in Australia with their parents. The primary difference is the location of the applicant: the 101 is for children outside Australia, while the 802 is for children currently in Australia.
These visas require proof that the child is genuinely dependent on the sponsoring parent and meets the specific age and marital status requirements.
Key Factors:
- Relationship Basis: Must be the biological child, step-child (from a former partner), or child adopted overseas.
- Age Threshold: Generally under 18 years of age.
- Adult Dependency (18-25): If the child is aged 18 to 25, they must be a full-time student and financially dependent on the parent.
- Marital Status: Applicants over 18 must not be married, engaged, or in a de facto relationship.
- Sponsorship: Must be sponsored by an eligible parent or their cohabiting spouse/partner.
Subclass 101 - Child (Offshore)
Applicant Requirements
What it is for: Dependent children outside Australia seeking to join their parent.
What it allows: Entry to Australia; permanent stay; full work/study rights; and a pathway to Citizenship.
Key Requirements:
- Must be outside Australia at time of application and grant.
- Must be a dependent child (under 18, or 18-25 in full-time study).
- Must not be married or in a de facto relationship (if 18+).
- Must meet health and character standards.
Length of Stay: Permanent.
Work Rights: Unrestricted.
Sponsor Requirements
Eligibility: Must be an Australian citizen, Australian Permanent Resident, oreligible New Zealand citizen.
Key Limitations:
- The sponsor must undertake to assist the applicant financially and with accommodation for at least 2 years.
- Protection of Children: Sponsors and their cohabiting partners must provide police checks. If there is a pending registrable offense charge or conviction, the sponsorship and visa application will generally be refused.
Subclass 802 - Child (Onshore)
Applicant Requirements
What it is for: Dependent children in Australia seeking to remain permanently.
What it allows: Permanent stay; full work and study rights; access to Medicare; and a pathway to Australian citizenship.
Key Requirements:
- Must be in Australia at time of application and grant.
- Must satisfy dependency criteria (including adoption or step-child specific rules).
- Must not have a "No Further Stay" condition on their current visa.
- Must meet health and character standards.
Length of Stay: Permanent.
Work Rights: Unrestricted.
Sponsor Requirements
Eligibility: Must be an Australian citizen, Australian Permanent Resident, or eligible New Zealand citizen.
Key Limitations:
- The sponsor must undertake to assist the applicant financially and with accommodation for at least 2 years.
- Protection of Children: Sponsors and their cohabiting partners must provide police checks. If there is a pending registrable offense charge or conviction, the sponsorship and visa application will generally be refused.
Maintaining compliance
- Marital Status: Adult applicants must remain single. Entering a marriage or de facto relationship before the visa is decided will result in an immediate failure.
- Sponsorship Obligations: The sponsor must honour the 2-year undertaking to provide adequate accommodation and financial support to the child following their arrival or visa grant.
- Condition 8502: For Subclass 101, the child must not enter Australia before the sponsoring parent.
The 101 & 802 Application Process
Eligibility Audit
Verify the child meets the age thresholds (under 18, or 18-25 for students) and satisfies the dependency requirements.
Documentation & Proof
Compile birth certificates, evidence of full-time study (if applicable), and proof of the sponsor's status in Australia.
Lodgement
Submit the application. While primarily paper-based, 101 applications can be tracked via ImmiAccount; 802 applications must be lodged in Australia.
Character & Health Checks
The Department requires the sponsor and their partner to pass rigorous character checks (police clearances) to satisfy child-protection laws.
Final Assessment
The Department verifies the biological or legal relationship and ensures the grant is in the best interests of the child before finalising the visa.
For 101 & 802 Visa Applicants
The Subclasses 101 and 802 require strict adherence to dependency and student status rules. At Immilex, we assess financial reliance and enrolment history to ensure these benchmarks are logically documented and supported by verifiable evidence.
It is also critical to plan for rigorous sponsorship character requirements, as registrable offences generally result in visa refusal. Sponsors must honour a formal two-year support undertaking, and we recommend verifying eligibility for Citizenship by Descent as a potentially more direct pathway.
Frequently Asked Questions
Unlike Parent visas, Child visas are not capped, but they are subject to rigorous integrity checks which can lead to processing times of 12-18 months.
If a child is over 18 and has a disability that prevents them from working, then the wavier can be requested for the age limit and the full-time study requirements.
While not mandatory in every case, an AoS bond of up to AUD 5,000 may be requested at the Department's discretion during final processing.
If the child is over 18, they must have started further studies since finishing school. Any gap of more than 6 months must be explained with strong evidence to maintain the "full-time student" definition.
A step-child is only eligible if they are the child of a former partner and are under 18. If the parent is still your current spouse/partner, the child must be included in the Partner visa or apply as a biological child of their parent.
Manage Your Child Visa with Care
The Child visa involves complex requirements. Contact us at Immilex for an assessment of your evidence to ensure your application meets the Department's high standards.