Child Onshore - Subclass 802

Length of Stay

Permanently

Processing Time

75 PER CENT OF APPLICATIONS PROCESSED	90 PER CENT OF APPLICATIONS PROCESSED
10 Months	12 Months

With this visa the child can

This visa allows a child who is adopted outside Australia to come to Australia to live with their parents.

• migrate to Australia as a permanent resident
• study and access Medicare
• apply for Australian citizenship if eligible

The child must

• be a dependent child of a parent who is an Australian citizen, eligible New Zealand citizenor holder of an Australian permanent visa
• be under 18 years, a full-time student aged 18 to 25, or over 18 and unable to work due to a disability
• be single and dependent on the parent
• be in Australia when the application is made and when DHA make a decision

With This Visa The Child Can

• stay in Australia indefinitely
• work and study in Australia
• enrol in Australia’s public healthcare scheme, Medicare
• sponsor relatives to come to Australia
• apply for Australian citizenship, if eligible

Travel to and from Australia for 5 years

The child can travel to and from Australia as many times as they want for 5 years from the date we grant this visa. This is as long as the travel facility of this visa remans valid. If the child wants to travel after the initial 5-year travel facility:

• they will need to apply for and be granted a Resident Return (RRV) visa so they can re-enter Australia as a permanent resident
• they might also want to consider Australian citizenship. If they become an Australian citizen, they don’t require a visa to re-enter Australia. See more about eligibility requirements and current processing times for Australian citizenship

To see when the child’s travel facility ends, use VEVO.

Include Other Children

If the child has siblings who also want to apply, submit separate applications for each sibling. The child’s dependent children can be included on their application when they apply or at any time before we decide the application. Dependent children of the child who apply for the visa must meet our health requirement. Family members who are not coming to Australia might also have to meet our health requirement.

The child’s obligations

The child and any dependants must obey all Australian laws.

Be Their Parent's Dependent Child

The child must be dependent on their parent. They can be their parent’s:

• biological child
• adopted child
• stepchild

Adopted Children

If the child was adopted after their parent became an Australian citizen, Australian permanent visa holder or eligible New Zealand citizen, they must have been adopted:

• through an intercountry adoption with the involvement of an Australian state or territory central authority, or
• through an intercountry adoption by arrangement between two countries (other than Australia) that are parties to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (the Hague Adoption Convention), or
• if no Australian state or territory central authority was involved, through an expatriate adoption by an Australian citizen, an eligible New Zealand citizen or the holder of an Australian permanent visa who has been living outside Australia for more than 12 months before the adoption was finalised

Stepchildren

To be eligible for this visa, a stepchild must:

• be the child of their parent’s former partner
• be aged under 18

To be eligible for this visa, a stepchild must:

• 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

The child must be sponsored by an eligible parent or their parent’s spouse or de facto partner. We must approve the sponsorship. DHA might not approve sponsorship if the sponsor or their partner has been charged or convicted of offences involving children.

Be This Age

The child must be either:

• under 18 years old, or
• 18 to 25 years and studying full time, or
• over 18 years with a disability

If the child is over 18 years

If the child is 18 years or older, they:

• can’t be engaged to be married; and
• can’t be or ever have been in a de facto relationship

If the child is 18 to 25 years and studying full time

If the child is 18 to 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
• must be financially dependent on their parent

The child is a full-time student if they are:

• enrolled in a full-time course that leads to a professional, trade or vocational qualification
• attending classes

The child should have started study since turning 18 years of age or within 6 months (or a reasonable time) of finishing school. Any gaps of more than 6 months between their final year of school and the start of their further studies must be explained.

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
• must be financially dependent on their parent

Have no Partner

The child:

• can’t be married or in a de facto relationship
• can’t be engaged to be married

If the child is over 18, they must never have been married or had a de facto partner.

Meet The Health Requirement

The child must meet certain health requirements. The results are usually valid for 12 months. This also applies to any member of your family unit included in your application, whether they are migrating or not.

Meet The Character Requirement

A child older than 16 years of age must meet certain character requirements. They must be prepared to provide a police certificate from each country they have lived in for 12 months or more during the past 10 years after they turned 16 years of age. Do not arrange for police certificates until we ask you to.

This applies to you and all members of your family unit listed in your application, whether they are migrating or not.

Have Paid Back Debts to the Australian Government

It allows the child to: The child must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government.

Sign The Australian Values Statement

Children aged 18 or older must:

• have read, or had explained to them, the Life in Australia booklet
• sign the Australian Values Statement confirming they will obey Australian laws and respect the Australian way of life

Not Have Had A Visa Cancelled Or A Previous Application Refused

The child might not be eligible for this visa if, since they last arrived in Australia, we have:

• refused a visa application, or
• cancelled a visa

If the child does not have a substantive visa when they apply for this visa, and we have cancelled a visa or refused a visa application since they last arrived in Australia, they must show us they have become the dependent child of an Australian citizen, eligible New Zealand citizen or holder of an Australian permanent visa. They must also show us that they have not been refused a visa or had their visa cancelled on character grounds.

Have Consent To Migrate To Australia

We will only grant this visa to a child younger than 18 years if either:

• the child has the written consent of everyone who can legally decide where they live, or
• the laws of the child’s home country allow them to leave their home country, or
• it is consistent with any Australian child order about the child

Best Interests Of The Child

DHA might not grant this visa if it is not in the best interests of an applicant under 18.