Child Visa (101/802): Conditions to Check Carefully

A child visa allows a parent who is an Australian citizen or permanent resident to sponsor a child to settle in Australia. It sounds simple, but this visa group has strict legal definitions of what counts as a “child” and what counts as “dependent”, and these points often make an application more complex than people expect — particularly for families with an adopted child or a blended family. This article explains the difference between subclass 101 and 802, the core concepts, and when to have an agent.

What is this visa for?

A child visa grants permanent residence to the child of an eligible parent sponsor in Australia. There are two main subclasses, divided by where the child is when the application is lodged:

Subclass 101 (Child — offshore): for a child who is outside Australia when the application is lodged and when granted.
Subclass 802 (Child — onshore): for a child who is inside Australia when the application is lodged.

Both lead to the same permanent residence outcome; the main difference is the child’s location and certain residence-status requirements.

Who usually looks at this visa?

Parents who are Australian citizens or permanent residents and want to bring a child (biological, lawfully adopted, or a stepchild) over to settle.
Families where one parent has settled in Australia first and is now sponsoring a child to come later.
Blended families that need to determine whether a stepchild is eligible.

Common misconceptions to avoid

“Child” is a legal definition, not just a “child” in the everyday sense. An adult child may still be eligible in certain cases if they meet the dependency criteria, but these criteria are strict. Conversely, not everyone called a “child” within a family meets the legal definition.
The sponsor must be a parent, not another relative. If the person wanting to sponsor is not a parent under the definition, a child visa may not be the right pathway.
Adopted children and stepchildren are not automatically eligible. An adoption and a step-parent relationship must meet specific legal requirements.

Key conditions to check

The definition of a “child”: this usually includes a biological child, a lawfully adopted child, and a stepchild under certain conditions. Each type has its own evidentiary requirements. The detailed definition is published by the relevant authority.
The concept of dependency: for a child past a certain age, eligibility usually depends on the child still being financially dependent on the parent, or dependent because of health reasons. The age threshold and how dependency is assessed are set by regulation; check the precise criteria on the official page rather than assuming.
The child’s single/married status: for some groups, the child must not be married or in a de facto relationship to retain “dependent child” status. The specific condition is on the official page.
The sponsor: a parent who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
Health and character: these apply as with other settlement visas.

The roles of sponsor and applicant

The applicant is the child; the sponsor is the eligible parent in Australia. Where the child is young, the consent of both parents (or documents about custody) is usually very important — especially where the parents are divorced or one parent is not in Australia. Missing custody documents is one of the common stumbling blocks.

Evidence you usually need to prepare

A birth certificate proving the parent-child relationship.
Documents about the sponsor’s citizenship/permanent residence.
For an adopted child: documents of the lawful adoption.
For a stepchild: documents about the marriage that creates the step-parent relationship.
For an older child: evidence of dependency (financial, study-related, or health).
Documents about custody / the consent of the other parent if applicable.
Passport, health examination, character documents; certified translations of any non-English documents.

The general process

A typical pathway: confirm the child meets the legal definition of “child” and (if needed) the dependency criteria; determine whether the child is outside Australia (101) or inside Australia (802) to choose the right subclass; prepare the relationship documents and (if applicable) the adoption / custody documents; lodge the application; complete health and character checks; receive the decision. For a blended family or an adopted child, the step of establishing status is usually the most complex part.

Fees, processing times, validity and visa conditions

Fees: according to the official Home Affairs page, the base application charge for the Child visa 101 (lodged outside Australia) for the main applicant is from 4,040 AUDVerified 02/07/2026 · Source: Department of Home Affairs. The onshore 802 version and other costs may differ; confirm using the official tools below. A child visa has an application charge set by the relevant authority, which changes over time. Look up the figure that applies to the exact subclass (101 or 802) on the Home Affairs website.
Processing times: these vary by subclass and by period. When you check the Home Affairs website, look at the timeframe for the exact subclass you are interested in rather than relying on figures heard second-hand.
Two official tools to use before lodging:
- Visa Pricing Estimator: select the exact subclass/stream (101 or 802) and number of dependants to estimate the application charge for your circumstances.
- Visa Processing Times: updated monthly; match the exact subclass, stream and your circumstances rather than relying on figures heard second-hand.
Validity and conditions: both the 101 and the 802 lead to permanent residence. The attached conditions and the requirements about the child’s location when applying/granted are published by the relevant authority for each subclass.

Risk of refusal

The child not meeting the legal definition of “child” (for example, an adoption not properly formalised).
The child being past the age and unable to prove the required dependency.
The child being married or in a de facto relationship, losing dependent child status (where applicable).
Missing consent / custody documents from the other parent.
The sponsor not meeting the requirement of being an eligible parent.

Common mistakes

Assuming every child is automatically eligible, without checking the legal definition and dependency criteria.
For an adopted child, not completing the lawful adoption process before lodging.
For a blended family, not clearly determining whether a stepchild meets the stepchild condition.
Overlooking custody documents where parents are divorced.
Choosing the wrong subclass by misunderstanding whether the child is “inside” or “outside” Australia in the legal sense.

When to ask a registered migration agent

Cases involving an adopted child, a blended family, an older child needing to prove dependency, or a custody dispute are all legally complex and strongly benefit from advice from a Registered Migration Agent (registered with OMARA). A correct assessment of “child” and “dependency” status at the outset helps avoid lodging the wrong subclass or being refused. A list of lawful agents is available on the OMARA website.

Self-check before you read on

Does the child meet the legal definition of “child” (biological / lawfully adopted / stepchild)?
If the child is older, can the required dependency be proven?
Is the child outside Australia (101) or inside Australia (802)?
Is the sponsor genuinely an eligible parent?
Are documents about custody or the consent of the other parent needed?

Official sources

The Australian Department of Home Affairs Child visa (subclass 101) page.
Visa Pricing Estimator (fee estimate) — Home Affairs.
Visa Processing Times (processing times, updated monthly) — Home Affairs.
The list of Registered Migration Agents on the OMARA website.

A child visa is usually a clear pathway when the parent-child relationship is simple, but it can become complex quickly with an adopted child, a blended family, or an adult child. Check the definition of “child” and the dependency criteria on the official page, and if your circumstances are not simple, seek advice from a registered agent before lodging.

Migration rules change frequently — always confirm the official source before lodging an application.