Child visa (subclass 101 and 802): dependency, age and sponsor rules

The Child visa (subclass 802 onshore or 101 offshore) is for a child dependent on an Australian citizen, eligible New Zealand citizen or Australian permanent visa holder parent, subject to age, study or disability requirements. Home Affairs’ Child visa guidance sets out the dependency and sponsorship rules.

For relationship-based alternatives, see every family visa by relationship.

Who counts as a child

The recognised relationships are biological children, adopted children and certain stepchildren.

1. Biological child: the child must depend on a qualifying parent.
2. Adopted child: if adoption occurred after the parent became an Australian citizen, eligible New Zealand citizen or permanent visa holder, the child must apply for an Adoption visa (subclass 102). The adoption visa Australia route is separate.
3. Stepchild from a former partner: a former partner with legal responsibility can sponsor a child under 18. A stepchild does not meet the dependency requirement where the stepparent remains the biological or adoptive parent’s current spouse or de facto partner.

Age rules: under 18, 18 to 25 studying full time, disability

The stated student category is over 18 and under 25, not an inclusive “18 to 25” range.

These subclass-specific rules should be distinguished from the broader topic of who counts as family for a visa.

No partner rule

The child cannot currently be, or ever have been:

• Married.
• Engaged to be married.
• In a de facto relationship.

Relationship history therefore matters, not only the child’s current relationship status.

Who sponsors: the parent or the parent's spouse or de facto partner

The qualifying parent establishes the child’s dependency connection; the sponsor can be:

1. An eligible parent.
2. The parent’s spouse or de facto partner.

These are distinct roles. See family sponsorship for wider sponsorship context.

101 or 802: offshore or onshore

The child’s location when applying distinguishes the routes.

Home Affairs’ subclass 802 guidance identifies the immigration-clearance and no further stay restrictions.

Before lodging:

1. Identify the child’s location and qualifying parent.
2. Check age, dependency and relationship history.
3. Identify the eligible sponsor and check any subclass 802 no further stay condition.

What is the 802 visa fee?

The subclass 802 base application charge is AUD4,040 as at 19 October 2026, according to Home Affairs’ current visa pricing.

Siblings normally need separate application forms and each pays a base application charge. These visa charges are separate from the nil sponsorship application charge.

Dependent Child 445 and the partner visa link

Subclass 445 is a temporary route for a child dependent on a parent holding subclass 309, 820 or 445, rather than the qualifying-parent connection described for 101/802.

The child must have the same sponsor who sponsored or nominated the parent’s permanent Partner visa application. The parent’s visa and sponsor connection therefore determine which child route to consider.

Citizenship by descent instead of a visa

Australian citizenship by descent may be an alternative to a child visa. The Home Affairs family finder is a family-route finder, not a citizenship-by-descent eligibility page.

Sponsor obligations and the protection of children measures

Sponsorship carries obligations despite having no sponsorship application charge:

• The sponsor must agree to assist the child during the first two years the child is in Australia on the visa.
• Sponsorship involves financial obligations.
• For a child under 18, written consent is required from everyone legally entitled to decide where the child lives.

Home Affairs refuses the sponsorship and visa application if the sponsor or their spouse or de facto partner has a pending registrable offence charge. A registrable offence conviction permits sponsorship approval only in very limited circumstances.

Before you lodge

For other family routes and application checks, the NZ citizen family relationship visa is a separate route involving a New Zealand citizen who is not an eligible New Zealand citizen.

An application prepared by an Australian migration lawyer is more likely to succeed because the preparation can address adult dependency, former-partner stepchild restrictions and subclass 802 application barriers before lodgement. Enquiries from this site go to Australian Migration Lawyers.