1. Child Visa Types
Australia's family migration program includes several pathways for children, depending on whether the child is applying independently or as a secondary applicant on a parent's visa, whether the child is inside or outside Australia, and the nature of the relationship to the sponsoring parent.
| Visa Type | Subclass | Who It Covers | Location |
|---|---|---|---|
| Child Visa | 101 | Biological or legally adopted child of AU citizen/PR | Offshore only |
| Child Visa (Onshore) | 802 | Child inside Australia joining AU citizen/PR parent | Onshore only |
| Adoption Visa | 102 | Child being adopted through intercountry process | Offshore only |
| Dependent Child | 445 | Dependent child of a temporary partner visa holder | Both |
| Secondary applicant | Various | Dependent child included in parent's visa application | Same as primary |
In most family immigration scenarios, children are not applying for a standalone child visa — they are included as secondary applicants on a parent's visa (partner, skilled, or other family visa). A standalone Subclass 101 application is typically used where the parent is already settled in Australia and the child is currently offshore — for example, a child from a previous relationship joining an Australian-based parent.
2. Who Counts as a "Child"
The definition of "child" under the Migration Act 1958 is broader than biological parentage alone. For visa purposes, a child includes:
- Biological children: Children born to the visa applicant or sponsor, regardless of whether the parents were married or in a de facto relationship.
- Legally adopted children: Children legally adopted in accordance with Australian law or a foreign adoption process recognised under Australian law.
- Step-children: Children of a married or de facto partner, where the step-parent relationship is formal and legally recognised. Informal social or cultural "step-parent" arrangements without legal marriage or de facto status do not satisfy the definition.
Age Thresholds
The primary age threshold for child visa eligibility is under 18 years at the time of visa application lodgement. Children aged 18 or over may still qualify as dependent children if they:
- Are enrolled as full-time students in an approved course of study, and are financially dependent on the sponsoring parent, OR
- Are unable to work due to a permanent physical or mental disability or medical condition that prevents self-support
A child who turns 18 during the processing period is assessed at their age at the time of lodgement — not at the time of decision. A child who was 17 at lodgement but turns 18 before decision is generally still assessed as an eligible dependent child.
3. Subclass 101 — Child Visa (Offshore)
The Subclass 101 Child Visa is a permanent residence visa for a child who is outside Australia and wishes to join an Australian citizen or permanent resident parent who is already settled in Australia.
Eligibility Requirements
- The child must be outside Australia at the time of lodgement
- The sponsoring parent must be an Australian citizen or permanent resident
- The child must be under 18, OR over 18 and meet the dependency criteria above
- The child must be a biological child, legally adopted child, or step-child of the sponsor
- The child must meet health and character requirements
- Custody arrangements must permit the child to migrate (see below)
Custody and Consent Requirements
Where a custody order or parenting plan is in place for the child, the visa application must address how the migration is consistent with those arrangements. If both biological parents share custody or parental responsibility, evidence of the non-sponsoring parent's consent to the child migrating — or an Australian court order authorising the migration — will typically be required.
Applications lodged without addressing custody considerations are likely to be significantly delayed. Where the non-sponsoring parent refuses to consent and no Australian court order exists, legal advice specific to family law and migration is required.
Processing and Fees
The Subclass 101 government fee is approximately AUD $2,790 per child (2026). Processing typically takes 12–36 months. The visa grants permanent residence directly — there is no temporary stage.
4. Subclass 102 — Adoption Visa
The Subclass 102 Adoption Visa is for children being formally adopted from overseas by Australian citizens through an intercountry adoption process. This is not a pathway for informal arrangements or children under the care of an Australian — it requires a legally completed adoption proceeding recognised under both Australian and the country of origin's laws.
Hague Convention Countries
Australia is a signatory to the Hague Convention on Intercountry Adoption (the Convention). Adoptions from Hague Convention countries must comply with the Convention's safeguards and procedures. Adoptions from non-Convention countries are also possible but require a more involved assessment by the relevant Australian state adoption authority.
State and Territory Administration
Intercountry adoption in Australia is administered at the state and territory level, not by the federal Department of Home Affairs. Prospective adoptive parents must be approved by their state or territory adoption authority before proceeding with an overseas adoption. The Department of Home Affairs processes the 102 visa only after the relevant state adoption approvals are in place.
Not all countries' adoption systems are compatible with Australian law. Before commencing an overseas adoption process, it is essential to confirm with the relevant state authority that the proposed country's adoption process will be legally recognised in Australia. Completing an adoption in a country whose process is not recognised means the child will not be eligible for the 102 visa.
5. Stepchildren and Adopted Children
Establishing the Step-Parent Relationship
To sponsor a stepchild for a child visa, the sponsoring Australian step-parent must:
- Be in a current genuine marriage or de facto relationship with the child's biological parent
- Demonstrate that the child is a genuine member of the step-parent's family unit — not merely a social relationship with the child of a partner
- Provide evidence that appropriate custody or parental responsibility arrangements are in place, consistent with the child migrating to Australia
Documents typically required for step-child applications include: the child's birth certificate (showing the biological parent), marriage certificate or de facto relationship evidence linking the biological parent to the step-parent, and the step-parent's evidence of Australian citizenship or permanent residence.
Adopted Children (Non-102)
For children already legally adopted prior to the migration application — where the adoption is recognised under Australian law — they are treated as biological children for all visa purposes. The adoption order or instrument must be provided, and it must demonstrate that the adoption creates a legal parent-child relationship (not merely guardianship).
Informal cultural adoptions, "guardianship" arrangements, and traditional customary care arrangements that do not create a legal relationship in the relevant jurisdiction do not satisfy the adoption definition for Australian visa purposes.
6. Health and Character Requirements
All child visa applicants must meet Australian health requirements, assessed through a medical examination conducted by an approved panel physician. Requirements depend on the child's age:
| Age | Health Check Requirements |
|---|---|
| Under 11 | Physical examination by approved doctor; chest X-ray generally not required |
| 11–15 | Physical examination; chest X-ray required |
| 16 and over | Physical examination; chest X-ray; police clearance also required |
Children who do not satisfy health requirements on initial assessment may be considered for a health waiver. Waivers are assessed on their individual merits — the family reunion benefit is weighed against the assessed cost to Australia. Children with managed chronic conditions, sensory disabilities, or developmental differences are commonly considered for waivers, and refusal based on health grounds alone is not the only possible outcome.
Character Requirements
Character requirements apply to children aged 16 and over. A police clearance certificate from each country in which the child has resided for 12 months or more in the past 10 years is required. For children under 16, character requirements do not apply.