Family visas · Child
Child Visa Australia — 101, 802 & 445
Child visas look simple — a parent with Australian status sponsoring their own child — and most of the time the relationship itself is not in doubt. The cases turn instead on two technical points: whether the child meets the dependency definition, and whether the custody and consent evidence is properly resolved. Get those two right and the rest is process.
Keshab Chapagain · MARN 1576536 · Registered since 2015 - Offshore / onshore
- 101 / 802
- Dependent child (provisional partner)
- 445
- Decisive issues
- Dependency & custody consent
MARN 1576536
Which subclass fits
- Subclass 101 (Child) — the child is outside Australia; the sponsoring parent is an Australian citizen, permanent resident or eligible New Zealand citizen. Permanent on grant.
- Subclass 802 (Child) — the onshore equivalent for a child already in Australia on another visa. Permanent on grant.
- Subclass 445 (Dependent Child) — provisional; for a child whose parent holds a provisional partner visa (309 or the 820 stage). It brings the child onshore so they can be added to the parent's permanent partner application.
- Adoption (102) and orphan relative (117 offshore / 837 onshore) — narrower subclasses for adopted children and for children whose parents are deceased, permanently incapacitated or of unknown whereabouts.
One route worth checking before any of these: if the parent's own visa application is still in progress, the child can often be added to it as a secondary applicant — usually simpler and cheaper than a standalone child visa.
The dependency definition
"Child" for these visas is a defined term, not a family fact. The child must be under 18; or aged 18–25, financially dependent on the parent and studying full-time; or incapacitated for work. A child who is married, engaged or in a de facto relationship generally cannot qualify. For children close to 18, or between school and university, timing the lodgement against the dependency criteria is often the difference between a clean grant and a refusal — dependency is assessed at specific points in time, and assumptions about "still my dependent child" do not decide it.
Custody and consent — where these cases are won and lost
Where anyone other than the sponsoring parent has a legal right to decide where the child lives — most commonly the other biological parent — the application must show one of the following:
- That person's written consent to the child's migration (properly executed, identity-verified)
- An Australian or overseas court order permitting the child to migrate
- Evidence that the law of the child's home country otherwise permits the child's removal
Incomplete or informal custody evidence is the single most common reason child visa applications stall or fail. A verbal agreement with the other parent is not evidence; a consent form witnessed incorrectly is not evidence. Where the other parent is uncontactable, deceased or withholding consent, there are established evidentiary routes — but they need to be built deliberately, not improvised at the request-for-information stage.
Process and documents
- Sponsorship — the parent sponsors; the sponsorship has its own eligibility and character dimensions
- Relationship evidence — birth certificate or adoption papers establishing the parent–child relationship
- Dependency evidence — for 18–25 applicants: enrolment, financial support records
- Custody evidence — as above; resolve it before lodgement
- Health and character — health examinations for the child; police certificates where the applicant is 16 or over
- Charges — the application charge is indexed each July; verify the current figure on homeaffairs.gov.au before budgeting
Does your child qualify?
Tell us the child's age, where they are, your own visa or citizenship status, and the custody situation. A registered migration agent will come back within one business day with the subclass that fits and the evidence you'll need. Free, no obligation.
Related
- Parent visa Australia 2026 — the complete guide
- Partner visa Australia — complete guide
- Prospective Marriage visa (300)
- Visa refused — deadlines and options
General information only, not migration advice. Migration advice is provided by Keshab Chapagain (MARN 1576536) after a paid consultation under section 43 of the Migration (Migration Agents Code of Conduct) Regulations 2021, with a written service agreement issued before further work commences. No outcome can be guaranteed (s 15).
Questions we get asked first
Which child visa subclass applies to my child?
Subclass 101 (Child) is for a child outside Australia being sponsored by a parent who is an Australian citizen, permanent resident or eligible New Zealand citizen. Subclass 802 (Child) is the onshore equivalent for a child already in Australia. Subclass 445 (Dependent Child) is a provisional visa for a child whose parent holds a provisional partner visa (309 or 820 stage) — it lets the child join the parent and be added to the parent's permanent partner application. Adoption (102) and orphan relative (117/837) subclasses cover more specific situations.
Who counts as a 'dependent child'?
A child under 18; or a child aged 18 to 25 who is financially dependent on the parent and studying full-time (with limited other circumstances); or a child of any age who is incapacitated for work due to loss of bodily or mental functions. A child who is married, engaged or in a de facto relationship generally cannot satisfy the dependency requirement. For children approaching 18 or finishing study, timing the application matters — dependency is assessed against specific criteria, not assumed.
What are the custody and consent requirements?
This is the most common problem area. Where anyone other than the sponsoring parent has a legal right to decide where the child lives — typically the other biological parent — the application must show either that person's written consent to the migration, an Australian or overseas court order permitting it, or that the law of the child's home country otherwise allows the child to leave. Incomplete custody evidence is a frequent cause of delay and refusal, and it cannot be papered over — it must be resolved properly before or during the application.
How much does a child visa cost?
The government application charge for the 101 and 802 is in the low thousands of dollars (AUD), with the 445 lower again — check the current charge on homeaffairs.gov.au or the Department's Visa Pricing Estimator, as charges are indexed each July. Additional costs include health examinations, police certificates for applicants 16 or over, and translations. Professional fees are separate and quoted under a written service agreement.
How long does a child visa take to process?
Processing times vary with the caseload and the completeness of the application — the Department publishes current global processing times on homeaffairs.gov.au. Applications with clean custody evidence, complete health and character documents, and clear dependency evidence move fastest. The 445, being tied to a parent's in-progress partner application, is typically quicker than the standalone child visas.
Can my child be added to my own visa application instead?
Often, yes — a dependent child can usually be added to a parent's pending visa application as a secondary applicant, which is generally simpler and cheaper than a separate child visa. The standalone child visas exist for when that ship has sailed: the parent already holds their visa or citizenship, and the child now needs their own pathway. Which route applies depends on where your own migration status sits — this is worth confirming before paying a separate application charge.
My child was refused — what now?
Child visa refusals — commonly over custody/consent evidence or dependency — generally carry merits review rights at the Administrative Review Tribunal, with the deadline stated on the decision letter. Review deadlines are short and statutory. See our refusal guides or send a confidential enquiry; the earlier the decision letter is assessed, the more options remain open.
Can WIDEN guarantee the visa will be granted?
No. Section 15 of the Migration (Migration Agents Code of Conduct) Regulations 2021 prohibits any registered migration agent from guaranteeing visa outcomes. What WIDEN does is confirm the right subclass and route, resolve the custody and dependency evidence properly, and lodge a complete application — the decision is the Department's.
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