Child Subclass 802 Visa

This visa lets a child inside Australia to stay and live with their Australian Citizen or Permanent Resident parent in Australia. You need to be inside Australia at the time of the application.

Child Subclass 802 Visa

Child (Class BT) Subclass 802 Visa

This visa lets a child inside Australia to stay and live with their Australian Citizen or Permanent Resident parent in Australia. You need to be inside Australia at the time of the application.

Visa Holders Work Rights in Australia on 802

The visa holders have full work rights to work anywhere in Australia.

Visa Holders Study Rights in Australia

The visa holders have full study rights to work anywhere in Australia.

Including Family Members with Visa 802

If you have a partner and children then they can also be included in your application.

Child Visa Subclass 802 Other Siblings

If you have other siblings who also want to move to Australia to live permanantly, then they will need to submit separate applications.

Subclass 802 Visa Application Fees

Base Application Charge: A$2710; Additional applicant charge for any other applicant who is at least 18: A$1355; Additional applicant charge for any other applicant who is less than 18: A$680.

802 Visa Estimated Processing Time

Standard Stream: 75% of applications in 11 Months; 90% of applications in 17 months.

Child Visa 802 Eligibility

Be Dependent on Their Parent Who is an Australian Citizen, Eligible New Zealand Citizen or Australian Permanent Resident.

The child must be dependent on a parent who is Australian citizen or Eligible New Zealand citizen or Australian permanent visa holder. The child can be their parent's biological child or step child.

Eligibility of Step Child for Visa 802

To be eligible for this visa, a stepchild must be the child of their step-parent’s former partner and be aged under 18. The step-parent must also have either an Australian parenting order in force that says the child is to live with them and be looked after by them, or guardianship or custody of the child under an Australian law or the law of another country.

Have a Sponsor for Subclass 802 Visa

The child must be sponsored by an eligible parent or their parent's spouse or de facto partner.

Child's Age

The child must be either under 18 years old, or over 18 and under 25 years and studying full time, or over 18 years with a disability, and can't be or ever have been married or engaged to be married or in a de facto relationship, for Australia 101 visa.

If the Child is Over 18 and Under 25 Years and Studying Full Time

If the child is over 18 and under 25 years old they must be a full-time student when they apply and when the visa application is decided, can't work full time and must be financially dependent on their parent more than any other person.

If the child is over 18 years with a disability.

If the child is 18 years or older with a disability, they must have totally or partially lost their bodily or mental functions can't work full time.

Visa 802 Other Requirements

You must meet Australia's health, character, Australian values requirement and owe no debt to Australian Government.

Parent Child Relationship for Subclass 802

Parent Child Relationship Requirement

The definition recognises a broader range of parent-child relationships, including children conceived through artificial conception procedures such as invitro fertilisation and children born under certain surrogacy agreements which are recognised under a prescribed State/Territory law as per the Family Law Act 1975. The children may have no biological links to their legal parents.

Surrogacy Arrangements by Australians outside Australia

Surrogacy is an arrangement, usually contractual, under which a woman (the gestational or birth mother) agrees to bear a child for another person or persons (the commissioning parent/s) with the intention that the child be handed over to those persons immediately or very soon after the birth. The persons involved may or may not be genetically related to the child.

If one parent has a biological link to the child and can show evidence of this (either through DNA testing or possibly advice from the specialist doctor involved) that parent may sponsor the child for an Child Visa Subclass 802.

If there is no biological link between the commissioning parents and the child, or if no court order exists confirming the person other than the biological parent is the parent of the child, the child will require an Adoption Visa Subclass 102.

Subclass 802 on the Basis of Step Relationship

This criterion limits the circumstances in which a dependent child may be granted an Child Visa Subclass 802 on the basis of a step-relationship to circumstances where:
- The child's parent is no longer a partner of the step-parent but;
- That step-parent has legal responsibility for the child granted by a court. The purpose and effect of this criterion (in circumstances other than those above) is to prevent a step-child being granted a permanent visa unless their parent is already an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

The relationship should be evidenced as follows:
- Evidence that the child's parent was, but is no longer, the partner of the step-parent
- Evidence of the relationship between that parent and the child and
- Evidence that the step-parent now has custody or guardianship of the child.

Child Subclass 802 Visa Document Checklist

For Primary Applicant

1. Identity documents such as passport, birth certificate, proof of name change such as marriage or divorce certificate.
2. If you have ever changed your name then name change evidence.
3. Provide an overseas police certificate from every country, including your home country, where you spent a total of 12 months or more in the last 10 years since you turned 16, any military service records or discharge papers if you served in the armed forces of any country.
4. Passport size photographs.
5. Medical examinations.

For Sponsoring Parent

6. Passport and Birth Certificate of Yourself.
7. Your Employment History in last 2 years and evidence of Payslip (Only Current one).
8. Your residential history in last 2 years.
9. Your current relationship status, any children you have or are responsible for.
10. Have you in last 2 years or currently receiving any benefit from the government? (pension, allowance, Newstart Allowance, Parenting Payment, Youth Allowance, Widow Allowance or Special Benefit)
11. Have you been convicted of any crime?
12. Have you lived in any country for a cumulative period of 12 months in last 10 years.
13. Passport of your current partner (if any).
14. If you dont have the sole custody of the child then provide consent from anyone who has a legal right to decide where the child lives and is not coming to Australia with the child.
15. They must complete either Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years, or a statutory declaration giving their consent for the child to visit Australia on this visa.