If you are an Australian citizen or permanent resident and your child lives overseas, or is already here on another visa, there is a permanent pathway built for exactly this. It is the Child visa, and it comes in two versions: the Subclass 101 for a child outside Australia, and the Subclass 802 for a child already in the country. Both let your child live in Australia permanently. The version you apply for depends entirely on where your child is when you lodge. This guide walks through who counts as a “child”, how the two subclasses differ, who sponsors whom, and what it costs as of June 2026.
Subclass 101 or 802: which Child visa is yours?
The first thing to settle is location, because it decides everything else.
The Child visa (subclass 101) is the offshore version. It lets a child who is outside Australia move here to live with their parent. Your child generally needs to be outside Australia both when the application is lodged and when the Department decides it.
The Child visa (subclass 802) is the onshore version. It lets a child who is already in Australia, usually on another visa such as a visitor or student visa, stay here permanently to live with their parent. For the 802, your child generally needs to be in Australia when they lodge and when the visa is decided.
Both are permanent visas. Once granted, your child can live, work, and study in Australia indefinitely, access Medicare, and later apply for Australian citizenship if they meet the requirements. The eligibility rules for who qualifies as a “child” are essentially the same across the two. The only real divider is geography.
| Feature | Subclass 101 | Subclass 802 |
|---|---|---|
| Where the child must be | Outside Australia | In Australia |
| Outcome | Permanent residence | Permanent residence |
| Who sponsors | A parent (citizen, PR, or eligible NZ citizen) | A parent (citizen, PR, or eligible NZ citizen) |
| Best for | A child living overseas | A child already here on another visa |
If you have more than one child, or a child plus a partner to bring over, it is worth mapping out the whole family before lodging anything. Our family migration team can help you sequence applications so nobody falls through a gap.
Who counts as a “child” for these visas?
This is where most questions come up, because “child” has a specific legal meaning that is narrower than you might expect.
To be eligible, your child must be a dependent child of a sponsoring parent who is an Australian citizen, the holder of an Australian permanent visa, or an eligible New Zealand citizen. The Department sets out the age and dependency rules on the subclass 101 visa listing. In short:
- Under 18. A child under 18 generally meets the age requirement without needing to show study or financial dependency in the same way an older applicant does.
- 18 to under 25. A child who is 18 or over must be under 25, a full-time student, and financially dependent on the sponsoring parent.
- Disability exception. The age limit and the full-time study requirement do not apply where the child has a disability that stops them from working.
There is one more rule that catches families out. The child generally must not be married, engaged to be married, or in a de facto relationship. A child who has started their own family unit usually no longer fits the dependent child definition, and a different visa pathway may be needed instead.
What “dependent” actually means
Dependency is about financial reliance, not just family ties. For an applicant aged 18 or over, the Department looks at whether the child relies on the sponsoring parent for financial support to meet their basic needs, and whether that reliance is greater than any reliance on anyone else. Casual or part-time work does not automatically break dependency, but a child who is financially self-supporting will struggle to meet the test. This is one of the areas where evidence matters most, so it pays to document the support relationship carefully before lodging.
Sponsorship: who sponsors the child
For both the 101 and the 802, the child does not sponsor themselves. A parent does.
The sponsoring parent must be an Australian citizen, the holder of an Australian permanent visa, or an eligible New Zealand citizen. The sponsor is usually the biological parent, but the Child visa category also covers children adopted by an Australian parent. Step-parents and certain other carers can sponsor in particular circumstances, which is one reason it helps to check your specific family situation against the rules rather than assuming.
Sponsorship is not a formality. The sponsor takes on an undertaking to provide support, accommodation, and financial assistance for the child for a period after the grant. If you are weighing up whether to sponsor a child versus another relative, the rules differ quite a bit between visa types, and our guide to the dependent visa options in Australia sets out the broader picture across visa categories.
Adopted children, orphans, and related pathways
The Child visa is one part of a wider family of options, and the right one depends on the child’s circumstances.
A child adopted by an Australian parent may use the Child visa where the adoption fits the rules, or in some cases a separate Adoption visa (subclass 102) for a child adopted from overseas. Where a child’s parents have died, cannot care for them, or cannot be found, the Orphan Relative visas (subclass 117 offshore and subclass 837 onshore) let a single child come to or stay in Australia to live with a relative. The Department summarises these options on its about child visas page.
There is also the Dependent Child visa (subclass 445), which is temporary, not permanent. It lets a child join a parent who is in the middle of applying for a partner visa, before the permanent decision is made. That is a different situation to the 101 and 802, which are the permanent destination rather than a holding pattern. If a partner application is part of your family’s plan, our partner visa 820 and 801 guide explains how those pieces fit together.
Evidence you will need
A Child visa application stands or falls on documents, so it is worth knowing what the Department expects before you start.
- Proof of the parent relationship. Birth certificates naming the parent, or adoption documents, are the foundation. Where records are missing or inconsistent, DNA evidence may be requested.
- Proof the sponsor is eligible. The sponsoring parent’s citizenship certificate, passport, or evidence of permanent residence.
- Proof of dependency (for applicants 18 and over). Evidence of full-time enrolment and of financial support, such as bank transfers, shared expenses, or a statement of the support arrangement.
- Identity and health. Passports, national identity documents, health examinations, and police checks where required.
- Custody and consent. Where one parent is sponsoring, evidence that the other parent or any legal guardian consents to the child migrating, or that the sponsor has the legal right to decide where the child lives.
That last point trips up separated families more than any other. If the other parent does not consent, the application becomes far more complicated, and there are specific legal tests around custody and the best interests of the child. This is a good moment to speak to a lawyer rather than guess.
What a Child visa costs and how long it takes
Costs change, so treat any figure here as a starting point and confirm the current amount before you lodge.
The base application charge for the Child visa is generally payable in two instalments: a first instalment when the application is lodged, and a second instalment payable before the visa is granted, with an additional charge for any dependent family members included in the application. The Department publishes the current figures, which are reviewed each year, in its current visa pricing estimator, so check the charge for the subclass 101 or subclass 802 on the day you apply rather than relying on a figure that dates quickly.
Processing times for family visas vary considerably and depend on the volume of applications and how complete each one is. Rather than rely on a fixed number, check the Department’s global visa processing times tool, which is updated regularly and reflects how long recently decided applications actually took. A complete, well-evidenced application generally moves more smoothly than one the Department has to chase for documents.
Frequently asked questions
Can my child apply for a Child visa if they are over 18?
Yes, but with conditions. A child aged 18 or over must be under 25, enrolled as a full-time student, and financially dependent on the sponsoring parent to qualify under the age rules on the subclass 101 listing. The age and study requirements are set aside only where the child has a disability that prevents them from working. A child who has finished study and is working full-time will usually fall outside the definition.
What is the difference between subclass 101 and 802?
Location, and that is the main thing. The Subclass 101 is for a child outside Australia who wants to move here, while the Subclass 802 is for a child already in Australia who wants to stay permanently. The eligibility rules for who counts as a dependent child are the same. Your child’s location when you lodge decides which one you apply for.
Can my child work and study on a Child visa?
Yes. Both the Subclass 101 and 802 are permanent visas, so once granted your child can live, work, and study in Australia without the limits that apply to temporary visas. They can also enrol in Medicare and, in time, apply for Australian citizenship if they meet the residence and other requirements.
Does the other parent need to consent to the child migrating?
In most cases, yes. Where one parent is the sponsor, the Department generally needs evidence that anyone else with legal custody or guardianship consents to the child living in Australia, or that the sponsor has the legal authority to decide. Disputes over custody can stall or complicate an application, so it is worth getting advice early if consent is in question.
Is the Child visa permanent?
Both the Subclass 101 and the Subclass 802 are permanent residence visas. That is different from the temporary Dependent Child visa (subclass 445), which only lets a child stay while a parent’s partner visa is being decided. If you want your child here permanently, the 101 or 802 is the pathway, depending on where they are.
The realistic next step is to confirm your child’s exact age, dependency, and location situation against the current rules, then prepare an application that the Department will not need to send back for more evidence. If you would like that mapped out for your family, book a consultation with our migration lawyers and we will talk through your options.
About the author: Tina Nematian is the Principal Lawyer at One Planet Migration Law. She is an Australian Legal Practitioner and a Registered Migration Agent, and has guided clients through partner, skilled, employer-sponsored, student, and humanitarian visa applications across Australia.
This article is general information only and does not constitute legal or migration advice. Visa rules change frequently and outcomes depend on individual circumstances. Speak with a registered migration lawyer or agent before making any application. Figures were current as of June 2026; always check immi.homeaffairs.gov.au before lodging.
