What is the child visa?
The Child visa is a permanent visa for a dependent child of an Australian citizen, Australian permanent visa holder or eligible New Zealand citizen. There are two subclasses. Which one applies depends on where the child is.
Which child visa fits
| Visa | Who it is for | Where the child must be |
|---|---|---|
| 101 Child | Dependent child of a citizen, permanent visa holder or eligible NZ citizen | Outside Australia when applying and (generally) at grant |
| 802 Child | Same, for a child already in Australia | In Australia when applying and at grant (not in immigration clearance) |
| 445 Dependent Child | Dependent child of a temporary partner visa holder | See the 445 page |
| 102 Adoption | Adopted children | See the 102 page |
Sources: Department of Home Affairs 101 and 802 pages; Migration Regulations 1994 Sch 2 cl 101.411 and 802.411. The 101 has a limited exception for some applicants who were in Australia during the COVID-19 concession period (cl 101.411(2)).
Who is a "dependent child"
Under reg 1.03, a dependent child is a child or step-child who is not engaged to be married and has no spouse or de facto partner, and who:
- has not turned 18; or
- has turned 18 and is dependent on the parent; or
- has turned 18 and is unable to work because of a total or partial loss of bodily or mental functions.
For the child visa, the child must also not have turned 25 at the time of application, unless they are dependent because they cannot work (Sch 2 cl 101.211(1)(b), (2); 802.212(1)(b), (2)).
A child aged 18 or over must also (cl 101.213; 802.214):
- not be engaged, married or in a de facto relationship, and never have had a spouse or de facto partner;
- not be working full-time; and
- have been studying full-time since turning 18, or within 6 months (or a reasonable time) after finishing Year 12 or its equivalent, in a course leading to a professional, trade or vocational qualification, unless they are dependent because they cannot work.
The Department summarises this as: under 18; or 18 to 24 in full-time study and financially dependent on the parent; or over 18 and unable to work due to a disability.
Step-children and adopted children
A step-child can qualify in limited cases. For the 101 and 802, the step-child must be the child of the parent's former spouse or de facto partner, be under 18, and the parent must hold a parenting order under the Family Law Act 1975, or guardianship or custody under an Australian or foreign law (reg 1.03 "step-child" para (b); cl 101.211(1)(c); 802.212(1A)). Adopted children have separate rules (cl 101.211(1)(c)(ii); 802.213), and the adoption visa (102) may fit better.
Sponsor requirements
The child must be sponsored by a person who is at least 18 and an Australian citizen, permanent visa holder or eligible New Zealand citizen. The sponsor must be the parent, or the parent's cohabiting spouse or de facto partner (cl 101.212; 802.215(b)). The sponsorship must be approved and still in force at decision (cl 101.222; 802.226). The Department may ask for an assurance of support (cl 101.225; 802.222).
An 802 can also be supported by a letter from a State or Territory government welfare authority instead of a sponsor (cl 802.215(a), 802.216).
Custody and consent
If the child is under 18, the Department must be satisfied of one of the following (public interest criterion 4017):
- the law of the child's home country allows the child to be removed; or
- each person who can lawfully decide where the child lives consents to the visa; or
- the visa is consistent with any Australian child order in force.
The Department must also find no compelling reason to think the visa is not in the child's best interests (PIC 4018). Both apply under cl 101.226 and 802.225. Plan the evidence for one of the three options above before you lodge.
Health, character and onshore issues
The child must meet health and character requirements (cl 101.223; 802.223–802.224). Applicants aged 18 or over sign a values statement (PIC 4019).
For an 802 applicant who is barred by section 48 of the Migration Act (for example after a visa refusal in Australia), the child must not have been refused or had a visa cancelled on character grounds under s501, and must have become a dependent child of the citizen, permanent resident or eligible NZ citizen since last applying for a substantive visa (cl 802.211). If the child holds a visa with condition 8503, see condition 8503.
Cost and processing time
| Item | 101 | 802 |
|---|---|---|
| Visa application charge (from) | AUD4,040 | AUD4,040 |
| 50% of applications processed in | 24 months | 21 months |
| 90% of applications processed in | 33 months | 31 months |
Charges from the Department of Home Affairs 101 and 802 pages, read 29 October 2026; lower charges apply from 1 July 2026 for eligible Pacific Island and Timor-Leste citizens. Processing times from the Department's global processing-times tool (last updated 29 September 2026, read 29 October 2026). These are past results, not a promise.
What the visa gives
Both are permanent visas. The 802 lets the holder travel to and enter Australia for 5 years from grant (cl 802.511). The Department lists rights such as living, working and studying in Australia, enrolling in Medicare, and applying for citizenship if eligible.
How we help
We check whether your child meets the dependent child test, which subclass fits, and what custody evidence is needed, then prepare the sponsorship and application. We are registered migration agents, not lawyers.
Book a family visa assessment. For other family options, see family-sponsored visas and our partner visa pages (onshore, offshore).
Frequently asked questions
Can a child over 18 get a child visa?
Yes, if they are under 25 when applying, single, not working full-time, studying full-time towards a qualification since turning 18, and dependent on the parent. A child who cannot work because of a loss of bodily or mental functions is not limited to 25 or the study rule (cl 101.211, 101.213; 802.212, 802.214).
Can I sponsor my stepchild?
Only in limited cases. Under the child visa rules, the step-child must be the child of your former spouse or de facto partner, under 18, and you must hold a parenting order under the Family Law Act 1975, or guardianship or custody under an Australian or foreign law (reg 1.03 "step-child" para (b)).
Does the other parent need to consent?
For a child under 18, the Department must be satisfied the home-country law allows the move, or everyone who can lawfully decide where the child lives consents, or the visa is consistent with an Australian child order (PIC 4017).
101 or 802: which applies if the child is in Australia?
If the child is in Australia and will stay here, the 802 applies: the child must be in Australia when applying and at grant (cl 802.411). The 101 is for a child outside Australia.
Figures current as at 29 October 2026; confirm with the Department of Home Affairs before lodgement.
Reviewed by Dr Asad Muhammad Khan, Registered Migration Agent, MARN 2619525. Checked on 29 October 2026 against the Migration Regulations 1994 (compilation No. 289, 2 October 2026) reg 1.03, Sch 2 Parts 101 and 802 and Sch 4 PIC 4017–4019; the Department of Home Affairs 101 and 802 pages and processing-times tool (updated 29 September 2026). This page is general information, not migration advice for your circumstances.
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