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Child Visa Australia: Subclass 101, 802, 445, Adoption & Orphan Relative Visas — Eligibility, Costs and Requirements
Want to bring your child to Australia or help your child obtain Australian permanent residency? Australian Child visas may allow eligible children to reunite with their parents and build their future in Australia.
For parents living in Australia, being separated from a son or daughter can be one of the most difficult parts of migration. Whether your child lives overseas, is already in Australia on a temporary visa, or was born after you obtained permanent residency, choosing the correct immigration pathway is essential.
Australia offers several Child visa categories, including the Child visa subclass 101, Child visa subclass 802, Dependent Child visa subclass 445, Adoption visa subclass 102, and Orphan Relative visas subclasses 117 and 837.
However, eligibility depends on factors such as the child's age, dependency, location, parental immigration status, custody arrangements and supporting evidence.
At Ahmad Legal & Migration Services (ALMS Australia), we assist families across Australia and internationally with Child visa applications, sponsorship requirements, complex family migration matters and visa refusals.
Here are some questions to consider before applying for an Australian Child visa.
1. What Is an Australian Child Visa, and Which Subclass Should I Apply For?
Australian Child visas are designed to help eligible children live with their parents or qualifying family members in Australia.
The appropriate visa depends on the child's location, family circumstances and eligibility.
A permanent visa for an eligible dependent child who is outside Australia and wishes to live with their parent in Australia.
A permanent visa for an eligible dependent child who is in Australia and wishes to remain with their parent.
A temporary visa for eligible dependent children of certain temporary Partner visa holders while the parent's permanent Partner visa application is being processed.
Adoption Visa Subclass 102
A permanent visa for eligible children adopted overseas, or being adopted, by qualifying parents. Strict adoption and immigration requirements apply.
Orphan Relative Visas Subclasses 117 and 837
Permanent visas for eligible children whose parents are deceased, cannot care for them or cannot be found, allowing them to live with qualifying relatives in Australia.
Not sure which Child visa applies to your family? Speak with an Australian Immigration Lawyer before lodging an application.
Book your Zoom consultation online in just minutes — it's quick, easy and convenient.
2. Who Is Eligible for a Child Visa Subclass 101 or 802?
To qualify for a Child visa subclass 101 or 802, the applicant must generally be the dependent child of an eligible parent.
The sponsoring parent must usually be an:
Australian citizen;
Australian permanent resident; or
Eligible New Zealand citizen.
The child must also satisfy the applicable age, dependency, relationship, health and character requirements.
A child may qualify if they are:
Under 18 years of age;
Aged 18 to under 25, studying full-time and financially dependent on their parent; or
Aged 18 or older with a qualifying disability that prevents them from working.
The child must also satisfy the relevant relationship-status requirements.
Importantly, turning 18 does not automatically make a child ineligible for every Australian Child visa. However, the requirements for adult dependent children are strict and should be assessed carefully.
3. What Is the Difference Between Child Visa 101 and Child Visa 802?
The most important difference is where the child is located when applying.
Child Visa Subclass 101 — Child Outside Australia
The subclass 101 visa is intended for eligible dependent children applying from outside Australia.
For example, an Australian permanent resident living in Melbourne may wish to sponsor their dependent child who is living overseas.
If the child satisfies the relevant requirements, subclass 101 may be an appropriate pathway.
Child Visa Subclass 802 — Child Already in Australia
The subclass 802 visa is intended for eligible dependent children applying while in Australia.
For example, a child may already be in Australia on a temporary visa and have a parent who is an Australian citizen or permanent resident.
However, the child's current visa conditions, immigration history and any restrictions on further applications must be considered.
Choosing the wrong subclass or overlooking an existing visa condition can create unnecessary complications.
At ALMS Australia, we can assess the child's location, immigration status and eligibility before an application is lodged. Book your Zoom consultation online in just minutes — it's quick, easy and convenient.
4. Can I Sponsor My Child to Australia If They Are Over 18?
Yes, in certain circumstances.
A child aged 18 to under 25 may qualify for a Child visa if they meet the relevant full-time study and financial dependency requirements.
The Department may consider whether the child:
Is enrolled in and actively attending qualifying full-time studies.
Is financially dependent on the sponsoring parent.
Has followed the required study pathway after completing school.
Has any significant gaps in their education.
Is unmarried and satisfies the applicable relationship-status requirements.
A child aged 18 or older may also qualify under disability-related provisions if they meet the relevant legal criteria, including inability to work and dependency requirements.
These cases often require detailed supporting evidence.
If your son or daughter is approaching 18 or 25, obtain advice early rather than assuming they will remain eligible.
5. What Documents Are Required for an Australian Child Visa Application?
The supporting documents depend on the visa subclass and individual circumstances.
A Child visa application may require:
The child's passport and birth certificate.
The sponsoring parent's passport and Australian citizenship or permanent residency evidence.
Documents establishing the parent-child relationship.
Adoption documents, where relevant.
Marriage, divorce or name-change certificates, where applicable.
Evidence of the child's financial dependency.
Full-time study records for eligible adult dependent children.
Medical evidence for qualifying disability-related applications.
Parental consent, custody orders or other parental responsibility documents.
Health examination results and police certificates, where required.
English translations of documents issued in another language.
The Department may also require evidence about the sponsor and the sponsor's partner, including relevant police checks and child protection requirements.
Providing a birth certificate alone may not be sufficient to establish eligibility in every case.
Where family circumstances are complicated, legal advice can help identify the evidence needed to address the applicable requirements.
6. Can I Bring My Child to Australia Without the Other Parent's Consent?
This is an important issue for separated or divorced parents.
For children under 18, Australian immigration law includes requirements relating to parental responsibility and the child's right to migrate.
Depending on the circumstances, evidence may be needed to establish that:
Every person with the relevant legal right to determine where the child lives has consented;
The sponsoring parent has the necessary legal authority; or
An applicable legal exception or court order addresses the relevant requirements.
A divorce certificate or informal family agreement may not resolve every custody or consent issue.
Where there are parenting orders, overseas custody proceedings or disagreements between parents, the legal position may be complex.
At ALMS Australia, we assist with both Australian Immigration Law and Family Law, enabling us to consider relevant migration and parenting issues together.
Concerned about parental consent or custody requirements? Seek legal advice before lodging your child's visa application. Book your Zoom consultation online in just minutes — it's quick, easy and convenient.
7. How Much Does an Australian Child Visa Cost?
The Department of Home Affairs publishes government visa application charges for each subclass.
As at November 2026, the published starting application charge for both:
Child visa subclass 101: AUD $4,040.
Child visa subclass 802: AUD $4,040.
Different fees apply to other Child visa categories, and limited concessions or exemptions may be available in specific circumstances.
Additional expenses may include medical examinations, police checks, translations, identity documents and professional legal fees.
Where more than one sibling is applying, separate applications and government charges are generally required for each child.
Government fees can change, so confirm the applicable charge before lodging.
An eligibility assessment before applying may help families avoid committing substantial application fees to an unsuitable visa pathway.
8. How Long Does a Child Visa 101 or 802 Take to Process?
Australian Child visa processing times vary.
The Department considers factors including:
Whether the application is complete.
The child's eligibility and dependency evidence.
Identity and relationship verification.
Health and character checks.
Parental consent or custody documentation.
The complexity of the family circumstances.
Applicable family visa processing priorities and Departmental workloads.
There is no guaranteed processing timeframe for an individual application.
Families should use the Department's official visa processing times guide for current estimates.
If your child's age, studies or current visa status may affect eligibility, seek advice promptly rather than waiting until circumstances change.
9. What If My Child Was Born Overseas After I Became an Australian Citizen or Permanent Resident?
The correct pathway depends on the parent's citizenship status and the child's circumstances.
If You Are an Australian Citizen
A child born outside Australia to an Australian citizen parent may be eligible for Australian citizenship by descent, subject to the relevant legal requirements.
If eligible, the child may not need a Child visa to migrate to Australia.
If You Are an Australian Permanent Resident
A child born overseas to an Australian permanent resident is not automatically an Australian citizen or permanent resident simply because of the parent's status.
A Child visa subclass 101 or another appropriate pathway may need to be considered.
If Your Child Was Born in Australia
Different citizenship and immigration rules may apply to children born in Australia, depending on the parents' status at the time of birth and other relevant circumstances.
Before applying for a Child visa, check whether your child is already an Australian citizen or may qualify for citizenship by descent.
An Immigration Lawyer can help you identify the appropriate pathway.
10. What If My Child's Visa Is Refused or the Family Situation Is Complicated?
A Child visa application may face difficulties where the Department is not satisfied about eligibility or supporting evidence.
Issues can include:
Insufficient proof of the parent-child relationship.
Failure to establish financial dependency.
Full-time study requirements not being satisfied.
Parental consent or custody disputes.
Sponsor eligibility or child protection concerns.
Health or character issues.
Previous visa refusals or immigration complications.
Incorrect or inconsistent application information.
A refusal decision may carry review rights through the Administrative Review Tribunal (ART), depending on the decision and applicable law.
Strict review deadlines may apply.
In some cases, further legal options may need to be considered.
Received a Child visa refusal or request for additional information? Obtain legal advice promptly before responding or missing a deadline.
Other Australian Child Visa Pathways
The subclass 445 visa may assist an eligible child whose parent holds a temporary Partner visa and is awaiting a decision on their permanent Partner visa.
This can be particularly important where a child was not included in the parent's original Partner visa application.
The relationship between the child's visa and the parent's Partner visa stage requires careful assessment.
Adoption Visa Subclass 102
The subclass 102 visa may be available to eligible children adopted overseas or undergoing an eligible adoption process.
Australian intercountry adoption arrangements are highly regulated, and not every overseas adoption qualifies for an Australian Adoption visa.
Importantly, the Department of Home Affairs cannot accept subclass 102 applications for children adopted in Pakistan.
Families considering overseas adoption should obtain advice about both adoption law and Australian immigration requirements before making arrangements.
Orphan Relative Visas Subclasses 117 and 837
These visas may be available where a child under 18 has no parent able to care for them because their parents are deceased, cannot care for them or cannot be found.
An eligible relative in Australia may be able to sponsor the child, subject to the applicable requirements.
Subclass 117 generally concerns children outside Australia, while subclass 837 concerns eligible children in Australia.
Why Engage an Australian Child Visa Lawyer?
Bringing your child to Australia is too important to approach without understanding the legal requirements.
A Child visa application can involve complex questions about family relationships, dependency, parental consent, immigration status and sponsorship eligibility.
At Ahmad Legal & Migration Services (ALMS), we assist families with:
Child visa subclass 101 and subclass 802 eligibility assessments.
Child visa sponsorship applications.
Supporting documents and relationship evidence.
Adult dependent child eligibility and financial dependency.
Parental consent, custody and parenting-related issues.
Dependent Child visa subclass 445 matters.
Adoption and Orphan Relative visa eligibility.
Complex applications, Departmental requests and visa refusals.
Available ART review options where applicable.
Our approach is to understand your family's circumstances, identify the relevant legal requirements and assist you in preparing an application supported by appropriate evidence.
Child Visa Lawyers Melbourne — We Speak Your Language
Professional Legal Advice in English, Urdu, Hindi, Punjabi & Saraiki
At ALMS Australia, we understand how difficult it can be for families to navigate Australian immigration law while living in different countries.
We provide multilingual legal assistance in: English | اردو | हिन्दी | ਪੰਜਾਬੀ | سرائیکی
Whether your child is living in Pakistan, India or another country, or is already in Australia, we can discuss your circumstances in a language you are comfortable speaking.
Based in Melbourne, Victoria, our law practice offers convenient online Zoom consultations for clients across Australia and internationally.
Want to Bring Your Child to Australia?
Your Child. Your Family. Your Future Together.
Whether you want to sponsor your child from overseas, apply for a Child visa while your child is in Australia, or understand a complex dependency or custody issue, professional legal advice can help you make informed decisions.
At Ahmad Legal & Migration Services, we can assess your child's eligibility, advise on the appropriate visa pathway and assist with the application process.
Speak With an Australian Child Visa Lawyer Today
BOOK YOUR ONLINE ZOOM LEGAL CONSULTATION
Discuss your child's visa eligibility, sponsorship requirements, documents, parental consent issues or visa refusal with an Australian Immigration Lawyer.
Book your Zoom consultation online in just minutes — it's quick, easy and convenient.
Disclaimer: This article provides general information about Australian immigration law and does not constitute individual legal advice. Eligibility, government fees, processing times and visa requirements may change. Each case depends on its individual circumstances. No particular visa outcome can be guaranteed.
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