If you are the parent of a child who normally lives overseas and is not a citizen of Australia, you may be able to apply for a Child visa. There are several options and many rules.
We will guide you on the best Child visa after we assess your situation. We have 100% success so far with these and all other family visas.
Do you think the application is easy? Getting a Child visa (101 or 445) has many traps for the unwary and the visa office treats these visa applications very seriously. They MUST be sure the child is yours and that both parents agree that the child can migrate. If the child is over 18, there are STRICT rules about how to prove the child is dependent on the parent, at the application date AND at the decision date. This could be 6 to 12 months later. A professional will be sure these are covered well.
The questions we will ask are:
- Where are the parents of the child?
- Is one parent living in Australia either waiting on a permanent visa or already has a permanent visa for Australia?
- Where is the other parent? If both parents are no longer together, does the second parent agree to the child migrating on a child visa?
- What is the reason the child did not come to Australia with the parent earlier?
The Australian visa offices are very strict on BOTH parents agreeing that the child can come to Australia on a child visa. There are special forms to complete and there are ways to get around the situation where only one parent is on the birth certificate.
Many parents will say the other parent is dead, missing or has never been involved in the child’s life. The visa office demands a high level of proof about this, do not expect to get child visa easily if both parents do not agree. Never tell lies, you will be caught out.
A Child visa lets an eligible parent sponsor their child to live in Australia indefinitely.
To succeed, you must be an eligible parent who is:
- an Australian citizen
- the holder of an Australian permanent resident visa
- an eligible New Zealand citizen.
Does the child have to be in Australia or outside Australia?
There are options for both.
- In some cases, the child must be outside Australia when the application is lodged and when the child visa application is decided.
- In other cases, the child can be in Australia to apply, great as it means the child can be with the parent while waiting for the child visa.
What rules are there about age and other issues?
To get these child visas, the child must be sponsored by their parent or their parent’s partner. A child applying for this visa must be the dependent child of a parent who holds the appropriate visa or citizenship.
The child must be:
- a biological child, stepchild or adopted child of the parent
- able to meet health and character requirements
- single (the child cannot be married, engaged to be married, or in a de facto relationship)
- younger than 18, or else be one of the following:
- financially dependent on the parent holding the temporary Partner visa
- incapacitated for work due to the total or partial loss of bodily or mental functions.
The child’s relationship with the sponsor
The child must be:
- the biological child or adopted child of the sponsoring parent
- a stepchild who has not turned 18 of a step-parent who is no longer the partner of the child’s parent but has a legal responsibility to care for the child.
An adopted child must have been adopted before their parent became an Australian citizen or the holder of an Australian permanent resident visa or an eligible New Zealand citizen.
You cannot get a Child visa (101 or 445) before adoption is finalised. Adoption is not an immigration or visa matter. This is managed through State governments in Australia.
Are DNA tests required? Sometimes, we can guide you on these. Do not be afraid, if you are sure the child is yours, you have nothing to worry about.