Subclass 802 Child Visa (Onshore)
The Subclass 802 Child Visa allows eligible children of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia permanently. It applies to children who are onshore at the time of application and meet the age, dependency, and sponsorship criteria.
Subclass 802 Child Visa (Permanent Onshore)
Overview
The Subclass 802 Child Visa is a permanent visa that allows a child who is in Australia to stay with their parent who is an:
- Australian citizen
- Australian permanent resident
- Eligible New Zealand citizen
This visa is primarily designed for dependent children of Australian sponsors and enables the child to live, study, and access healthcare and other services in Australia on a permanent basis.
Key Features
- Visa Type: Permanent residency
- Location at Time of Application: Must be in Australia
- Age: Usually under 18, or dependent full-time students aged 18–25
- Eligible Sponsor: Parent who is an Australian citizen, permanent resident, or eligible NZ citizen
- Includes: Stepchildren, adopted children, and children born through surrogacy (with recognition)
What This Visa Allows
- Stay in Australia indefinitely
- Work and study without restriction
- Enrol in Medicare
- Apply for Australian citizenship (if eligible)
- Travel in and out of Australia for 5 years
- Access certain Centrelink services (if conditions are met)
Who Can Apply
The child must:
- Be in Australia at the time of application and when the visa is granted
- Be a dependent child of the sponsor
- Be under 18, or if 18–25, be a full-time student and financially dependent
- Be single (not married or in a de facto relationship)
- Meet health and character requirements
- Be sponsored by a parent or step-parent
Age & Dependency Conditions
| Age Group | Conditions for Eligibility |
|---|---|
| Under 18 | Automatically eligible if dependent and sponsored |
| 18 to 25 | Must be financially dependent and a full-time student |
| Over 25 | Only eligible if medically dependent due to disability |
Sponsor Requirements
The sponsor must be:
- The child’s biological parent, adoptive parent, or step-parent (married or in a de facto relationship with the child’s biological parent)
- An Australian citizen, permanent resident, or eligible New Zealand citizen
- Willing to provide financial support and accommodation
If the child is being adopted or was adopted outside Australia, additional legal documentation is required, and adoption must have been legally recognized.
Application Process
Step 1: Check Eligibility
- Confirm the child is in Australia and meets age, dependency, and relationship criteria
Step 2: Gather Documents
- Proof of identity (passport, birth certificate)
- Parental consent documents (if applicable)
- School enrolment and financial dependency documents (for children over 18)
- Health and character documents
- Proof of sponsor’s PR/citizenship status
Step 3: Lodge the Application
- Apply online via ImmiAccount while the child is in Australia
- A Bridging Visa A (BVA) is granted if the child holds another valid visa
Step 4: Health Checks & Biometrics
- Health examinations are usually required
- Biometrics may be requested depending on country of citizenship
Step 5: Wait for Processing
- The child must remain in Australia during processing and at the time of grant
Processing Times (2025 Estimate)
| Stage | 25% | 50% | 75% | 90% |
|---|---|---|---|---|
| Subclass 802 | 8 months | 12 months | 17 months | 22 months |
Processing may take longer if:
- Documents are missing or unclear
- Parental custody issues arise
- More health or character information is required
Visa Costs
- Base application charge: AUD $3,055 (as of 2025)
- Additional applicants (e.g. siblings): AUD $760–$1,530 depending on age
- Health, police, and translation services may incur extra costs
Special Cases and Use Scenarios
1. Child Born in Australia
If the child was born in Australia after the parent became a permanent resident or citizen, the child is automatically a citizen and does not need a visa.
If born before the parent gained PR or citizenship, the child must apply for the 802 visa.
2. Adopted Children
Adopted children may apply under the 802 visa if:
- The adoption occurred before the child turned 18
- The adoption is legally recognized in Australia
- The adoptive parent is the sponsor and meets citizenship or PR criteria
3. Stepchildren
Stepchildren are eligible only if:
- The step-parent is in a married or de facto relationship with the child’s biological parent
- The child is dependent and meets age criteria
Custody & Parental Consent
If the child is under 18 and the other parent is not migrating:
- A signed Form 1229 is required from the non-migrating parent
- Court orders, custody documents, or death certificates may be requested
Download Form 1229 – Parental Consent
Government Considerations
When assessing an 802 visa, the Department of Home Affairs looks at:
- Authenticity of the parent–child relationship
- Whether the child is genuinely dependent (if over 18)
- Legal custody and consent issues
- Health and character of the child and sponsor
Common Reasons for Refusal
- Parental consent issues
- Lack of financial dependency proof (18+)
- False or inconsistent documents
- Sponsor not meeting citizenship or PR criteria
- Child is over 25 and not disabled
- Character concerns or incorrect documentation
Most Common Countries of Origin
Children applying for Subclass 802 visas often come from:
- India
- China
- Philippines
- Vietnam
- Pakistan
- Sri Lanka
- Bangladesh
- Indonesia
- Nepal
- South Africa
This reflects broader migration patterns and family reunification pathways.
FAQs
Can the child apply for 802 from outside Australia?
No, for offshore applications, the correct visa is Subclass 101 Child Visa.
Does the child need to be on another visa first?
Not necessarily, but they must hold a valid visa at the time of applying to get a bridging visa.
Can I include siblings in the same application?
Yes, you can include multiple children, but each will incur a separate additional applicant fee.
Can the child work or study?
Yes. Once granted, the child can work and study in Australia with no restrictions.
Can I sponsor a stepchild if I’m no longer in a relationship with the child's parent?
No, you must still be in a relationship with the child’s biological parent to act as a step-parent sponsor.
Official Resources
- 802 Child Visa – DHA Overview
- Form 1229 – Consent to grant an Australian visa to a child under 18
- Health Requirement Details
- Character Requirements for Australian Visa
Summary
The Subclass 802 Child Visa supports the permanent migration of dependent children of Australians already in the country. The visa is structured to ensure the welfare of children, the legality of custody arrangements, and the integrity of the sponsor relationship. With clear documentation and eligibility, the 802 visa offers a straightforward pathway to family reunification and permanent settlement in Australia.
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