Subclass 101 (offshore)
For a child applying from outside Australia. The child remains overseas while the application is processed and travels to Australia once the visa is granted.
Subclass 101 (Offshore) & Subclass 802 (Onshore)
Bringing a child to Australia is a serious family decision.
Australian migration law provides two main child visa options: the Subclass 101 for children outside Australia, and the Subclass 802 for children already in Australia. Both grant permanent residency. This page explains both pathways, the dependent child definition, and the custody evidence that decides most applications.
The two child visas
Offshore 101, onshore 802.
Same sponsor rules, same dependent child test. The difference is location.
Subclass 802 (onshore)
For a child already in Australia on a temporary visa. The child stays in Australia while the 802 is processed. A bridging visa is granted automatically when the 802 is lodged.
Same core eligibility
Both grant permanent residency. Same sponsor rules, dependent child test, custody requirements, and health and character checks apply.
Who qualifies as a dependent child
Three age brackets.
Dependency and custody are where most complexity sits in child visa cases.
Under 18
A child under 18 is a dependent child by default. The focus shifts to custody evidence and relationship documentation.
18 to 22, dependent
A child aged 18 to 22 who is wholly or substantially dependent on the parent. Evidence of financial support and living arrangements is needed.
18+ with disability
A child 18 or older who is fully dependent due to a total or partial loss of bodily or mental functions. Specialist medical evidence required.
The custody evidence challenge
Custody and consent can sink an otherwise strong application.
Australian migration law requires that both parents consent to a child's migration, with exceptions. If only one parent is sponsoring, the Department needs to see consent, a court order, or evidence that consent cannot be obtained.
Divorced parents with shared custodyWhere both consent, documentation is straightforward.
Non-engaged ex-partnerParents separated but where one parent does not engage. Legal steps may be required to proceed.
Family violence or protection ordersSpecific provisions apply. We work with Prateek Maan on these cases.
One parent deceasedDeath certificate and documentation of custody history.
Surrogacy or ART arrangementsLegal parentage needs to be established under Australian law.
Relationships covered
Biological, step, adopted, and ART.
Australia's child visa provisions are broad but not unlimited. Some relationships qualify. Some do not.
Biological children
Birth certificate naming the sponsor as a parent. DNA testing occasionally required in edge cases.
Adopted children
Adoption must be legally recognised. Documentation of the adoption and its jurisdiction.
Step-children
Where the parent and step-parent are in a relationship recognised by Australian law. See partner visa for the underlying relationship requirements.
ART children
Children born through specific assisted reproductive technology pathways. Legal parentage must be established.
Approximately 10,000 child visas are granted by Australia each year.
Unlike parent visas, there is no annual cap on child visas. Each valid, properly prepared application is processed on its merits. Processing times are generally much faster than parent visas, typically 12 to 24 months.
Common child visa questions
The questions we hear most.
For complex custody or step-child scenarios, book with Neha Sharma.
How long does a child visa take to process?
Processing times vary by whether the application is onshore or offshore, the complexity of the custody situation, and the country of citizenship. Most are processed within 12 to 24 months of lodgement.
Can I sponsor my step-child if I am only in a de facto relationship?
Yes, provided the de facto relationship meets the Department's requirements. The exact rules depend on whether the relationship is registered, whether you live together, and how long the relationship has existed.
My ex-partner won't consent. Can I still sponsor my child?
It depends. Options include obtaining court orders for migration, showing that seeking consent is not safe (for example, where there is family violence), or showing that the other parent cannot be located. This is complex legal territory where specialist advice matters.
Can children over 18 still be included?
Yes, if they are wholly or substantially dependent on the parent, or if they have a disability that prevents them from supporting themselves. Evidence of dependency is required.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.