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The family stream of Australia's Migration Programme enables the reunion of immediate family members, including dependent children, adopted children, stepchildren, and orphan relatives.
While children can often be included in the application of their migrating parents, they sometimes migrate separately. In this case they may apply for one of the child category visas.
This fact sheet covers in general terms, the requirements for child category visas including the permanent Child (subclass 802 and 101), Adoption (subclass 102), Orphan Relative (subclass 837 and 117) visas and the temporary Dependent Child (subclass 445) visas.
General information on the family stream is available.
Fact sheet – Overview of Family Stream Migration
A Child (subclass 802 and 101) visa is a permanent visa for a child, adopted child* or stepchild** of an Australian citizen, holder of a permanent visa or an eligible New Zealand citizen. The child must be sponsored by their parent or that parent's cohabitating spouse or de facto partner.
An applicant must be under 25 years of age. An applicant who has turned 18 years of age must be a full-time student and financially dependent on their parent, both at the time they lodge their application and when it is decided. These requirements do not apply to a child who can provide medical evidence of having a physical or mental disability that stops them from working, which is why they are still financially dependent on their parent.
The child must not be married, engaged to be married or have a de facto partner. If aged 18 years or over, the child must never have had a spouse or de facto partner.
* A child applying outside Australia who was adopted after their parent became an Australian citizen, holder of a permanent visa or an eligible New Zealand citizen, should apply for an Adoption (subclass 102) visa.
** A stepchild can only be granted a Child (subclass 802 or 101) visa if they are under 18 years of age, and their parent is no longer the partner of the step parent, and that step parent has legal responsibility for the child.
Orphan Relative visa
An Orphan Relative (subclass 837 or 117) visa is a permanent visa for a child who has no parents to care for them because both of their parents are either deceased, permanently incapacitated or of unknown whereabouts.
The child must have an Australian relative who is their brother, sister, grandparent, aunt, uncle, niece or nephew. The child must be sponsored by either their Australian relative or that relative's current cohabiting spouse or de facto partner. The Australian relative, or their spouse or de facto partner, must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen who is aged 18 years and over and must be settled in Australia.
The child must be under 18 years of age at the time they apply for the visa, and must not have a spouse or de facto partner.
In Australia, the processing of intercountry adoptions is the responsibility of state and territory central authorities such as departments of family services. These authorities manage arrangements for adopting children from outside Australia including assessing and approving prospective adoptive parents. The Australian Government, through the Attorney-General's Department, has the responsibility for managing existing programmes and negotiating new intercountry adoption programmes with other countries.
We cannot arrange an intercountry adoption. Our role is to provide advice on the visa requirements that must be met for an adopted child to be granted a visa to enter Australia.
The Adoption (subclass 102) visa is a permanent visa for a child who is outside Australia and who has been adopted or is in the process of being adopted by an Australian citizen, holder of a permanent visa or an eligible New Zealand citizen.
A child can be adopted or be in the process of being adopted though an intercountry adoption programme which involves an Australian state or territory central authority and the relevant adoption authority overseas.
Exception: Where an Australian citizen, holder of a permanent visa or an eligible New Zealand citizen, who is resident outside Australia, adopts a child overseas without the involvement of an Australian state or territory central authority, at least one adoptive parent must have been residing outside Australia for more than 12 months before the child's visa application is lodged. The adoption must be finalised in accordance with the laws of the child's home country and the adoptive parent’s residence outside Australia must not have been contrived solely for the purpose of adopting the child.
For the Adoption (subclass 102) visa, the child must be under 18 years of age, both at the time of adoption and when the visa application is lodged. The child must be sponsored by their adoptive parent or their prospective adoptive parent.
Note: From 14 December 2015, we are unable to accept Adoption (subclass 102) visa applications for children who have been adopted in certain countries that are specified in a legislative instrument. If you intend to adopt, or have adopted, a child from a country specified in this
legislative instrument, you will be unable to lodge a valid application for an Adoption (subclass 102) visa for the child.
If the child was adopted before the sponsor became an Australian citizen, holder of a permanent visa or an eligible New Zealand citizen, the child should instead apply for a Child (subclass 802 or 101) visa.
Dependent Child visa
A Dependent Child (subclass 445) visa is a temporary visa for a dependent child, whose parent holds a temporary Partner (subclass 820 or 309) visa or a Dependent Child (subclass 445) visa. A child can apply for a Dependent Child (subclass 445) visa so that they can be added to their parent's permanent Partner (subclass 801 or 100) visa application.
To be granted a Dependent Child (subclass 445) visa, the child must not be engaged to be married or have a spouse or de facto partner. If the child is over 18 years of age they must also be financially dependent on their parent who holds a temporary Partner (subclass 820 or 309) visa or a Dependent Child (subclass 445) visa.
A Dependent Child (subclass 445) visa ia a temporary visa that allows a child to travel to or remain in Australia for the same period as their parent's temporary Partner (subclass 820 or 309) visa.
After a child is granted a Dependent Child (subclass 445) visa, they must immediately apply for the same permanent partner visa as their parent. This can be done by lodging a completed
Form 1002 - Application by a subclass 445 dependent child for a permanent partner visa.
The child must apply for the same permanent partner visa as their parent
before their parent's permanent Partner (subclass 801 or 100) visa application is finalised. If this is not done, the child's Dependent Child (subclass 445) visa will cease when their parent's permanent visa application is finalised and the child may not have any other visa options open to them.
Parental responsibility (custody) requirement
Where an applicant for a child category visa is under 18 years of age, requirements relating to parental responsibility (that is, custody) must be met. This means that if there is any other person, apart from the parent (for the Child and Dependent Child visas) or the Australian relative (for the Orphan Relative visa), who can legally determine where the child should live, permission for the child to migrate must be obtained from that person. Alternatively a court order must be provided that allows the child to migrate.
Health and character requirements
Like all migrants, child applicants must be assessed against Australia's health and character requirements.
Fact sheet – The Health Requirement
Fact sheet – The Character Requirement
Sponsorship limitation and best interests of the child
Where an applicant for a child category visa is under 18 years of age, the sponsorship cannot be approved (except in very limited circumstances) where the sponsor or the sponsor's spouse or de facto partner (if they have one) has a conviction or an outstanding charge for an offence against a child. The applicant will also need to satisfy the requirement that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant.
In order to assess the sponsorship application and the best interests of the child requirement, sponsors of children under 18 years of age, and their spouse or de facto partner, are required to submit an Australian Federal Police (AFP) national police check and/or foreign police certificate/s, depending on their circumstances. If the sponsor, or their spouse or de facto partner, has spent a total of 12 months or more in Australia since turning 16 years of age, that person must provide an AFP national police check. They must also provide police certificates from each country in which they have spent a total of 12 months or more in the last 10 years since turning 16 years of age.
AFP National Police Checks
Assurance of Support
An Assurance of Support (AoS) is a legal commitment by a person to repay to the Australian Government any recoverable social security payments made by Department of Human Services (DHS) to those covered by the assurance.
An AoS is also a commitment to provide financial support to the person applying to migrate, so that they will not have to rely on any government forms of support.
The assurance comes into effect from the day the assuree (migrant) arrives in Australia, or the grant of a relevant visa to remain in Australia.
An AoS is required only if we request a child, an adoption or orphan relative visa applicant to provide an AoS because the applicant has been identified as being a risk of becoming a charge on the Australian welfare system. DHS is responsible for processing all AoS assessments.
Limits on further applications
There are specific provisions to limit the potential for unsuccessful applicants in Australia to continually delay their departure from Australia by lodging successive applications.
A child who has had a visa refused or cancelled since last entering Australia can only be granted a Child (subclass 802) or Orphan Relative (subclass 837) visa if they have become a dependent child or an orphan relative since that visa was refused or cancelled.
In addition, a child who has had a visa refused or cancelled since last entering Australia and who is applying for either one of these visas must be under 25 years of age (unless claiming to be incapacitated for work due to disability) and must provide a completed and signed form 40CH
Sponsorship for a child to migrate to Australia.
Form 40CH (537KB PDF)
The Minister has issued directions and guidance to migration officers on the order of priority for processing family stream applications.
Highest processing priority is given to child category visa applicants, partners and fiancés.
Fact sheet – Processing Priorities for Family Stream Migration
More information on applying for child category visas, including application forms, is available in the Child Migration booklet.
Booklet 2 – Child Migration (542KB PDF)