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A Parent's Guide to Child Visas

Writer's picture: littleflorence.aulittleflorence.au

Updated: Nov 20, 2024

Australia is known for its stunning landscapes, vibrant culture, and world-class education, making it an attractive destination for families seeking new opportunities. If you're considering moving to Australia with your child, understanding the child visa process is essential. This journey can seem daunting, with various visa options, requirements, and paperwork involved. However, with the right guidance, you can navigate the system smoothly.

In this article, we’ll outline the key steps to securing a Child Visa (SC 802) for onshore application and a Child Visa (SC 101) for offshore application, helping you ensure a seamless transition for your family, and opening the door to a brighter future Down Under.

 

Child Visa (SC 802 & 101)

 

What can you do with this visa?


This visa allows a child to:


Live permanently

Stay in Australia permanently and live with their parents.


Travel

Travel to and from Australia for 5 years.


Education and healthcare

Access essential services such as education and healthcare.


Work

Be able to work in Australia.


Australian Citizenship

Apply for Australian Citizenship, if eligible.


Basic Child's Eligibility


  • The child must be their parent's:

    • biological child

    • adopted child

      • for SC 101, an adopted child must have been adopted before age 18 by a parent who was not an Australian citizen, permanent resident, or eligible New Zealand citizen at the time of adoption.

      • for SC 802, the adoption must be finalised before the child turns 18 and can occur either before or after the parent becomes an Australian citizen, permanent visa holder, or eligible New Zealand citizen.

    • stepchild (only from a former parent)

      • be under 18 and be the child of their step-parent’s former partner.

      • The step-parent must have either:

        • an Australian parenting order stating the child lives with them; or

        • Guardianship or custody under Australian law or another country's law.


  • Be this age:

    • under 18 years old

    • over 18 and under 25 years

      • must be a full-time student when applying and when the visa is decided

      • cannot work full-time; and

      • must be financially dependent on their parent.

    • over 18 years with a disability.

      • must have lost bodily or mental functions, fully or partially;

      • cannot work full-time; and

      • must be financially dependent on their parent.


  • Must have no partner:

    • The child can't be married or in a de facto relationship, or engaged to be married.


  • Meet the health and character requirements:

    • Character requirement is only required for the child aged 16 years or over.


  • Have the best interests of the child:

    • Should be in the best interests of an applicant under 18, otherwise your visa will not be granted.


Eligibility to Sponsor a Child

Who Can Sponsor

  • Must be an Australian citizen, eligible New Zealand citizen, or hold an Australian permanent visa.

  • Must be 18 years or older.


Relationship with the Child

  • Must be the child’s parent or the current spouse/de facto partner of the child's parent.

  • You can sponsor a child for this visa if they’re under 18 and you have legal responsibility for them, even if you’re no longer their parent's partner.

  • You can sponsor an adopted child for this visa if they were under 18 when you adopted them and:

    • they were adopted under the Adoption Convention and you have an adoption compliance certificate;

    • you became an Australian citizen, permanent resident, or New Zealand citizen after adopting them;

    • you were an Australian citizen, permanent resident, or eligible New Zealand citizen with approval from an Australian authority when you adopted them; or

    • the adoption was expatriate.

  • Agree to provide accommodation and financial support for the child and any dependent children on this visa for the first 2 years they are in Australia.


Applying for these Visas?


For SC 802, the child must be in Australia, but not in immigration clearance, when the application is submitted and during the decision-making. The child can't apply for this visa if they are in Australia on another visa with a no further stay condition.


For SC 101, the child must be outside Australia when the application is submitted


Relevant Government Fee:


AUD 3,140 (For both SC 101 and SC 802)


Turnaround:


SC 802: 18 months - 26 months

SC 101: 19 months - 26 months


Conclusion:


Obtaining a child visa for Australia is a worthwhile investment for families seeking a brighter future. The benefits of access to quality education, healthcare, and a safe environment can significantly enhance a child’s development and well-being. Australia’s diverse culture and inclusive society provide enriching experiences that foster personal growth. Additionally, securing a child visa can pave the way for long-term residency options, offering families stability and the opportunity to thrive. Ultimately, the decision to pursue a child visa is not just about relocation; it’s about creating lasting opportunities and a better quality of life for future generations


Our Services:


LITTLE FLORENCE SOLUTIONS (XM Migration Pty Ltd) offer comprehensive assistance to visa applicants throughout the entire application process, to increase your likelihood of obtaining the most suitable visa for your situation. Due to the complexities of immigration laws and regulations, we support you at every stage, from the initial consultation to the final approval of your visa.


 

For more information, contact our team and book a consult via office@littleflorence.au


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