top of page

Other Family Visas

Child Visa Subclass 101:

1. Overview: Subclass 101 is intended for children who are outside Australia and want to migrate to the country to live with their Australian citizen, permanent resident, or eligible New Zealand citizen parent(s).

2. Eligibility:

  • The child must be the biological child, adopted child, or stepchild of the sponsoring parent.

  • The child must be under 18 years of age, or if over 18, must be financially dependent on the sponsoring parent and be a full-time student between 18 and 25 years of age.

  • The sponsoring parent must be an Australian citizen, permanent resident, or eligible New Zealand citizen.

3. Application: The application for this visa is usually made by the sponsoring parent on behalf of the child. Both the sponsoring parent and the child need to meet specific requirements.

4. Processing: The processing time for this visa can vary, and it is subject to change based on the volume of applications being processed by the Department of Home Affairs.

Child Visa Subclass 802:

1. Overview: Subclass 802 is designed for children who are inside Australia and wish to stay in the country to live with their Australian citizen, permanent resident, or eligible New Zealand citizen parent(s).

2. Eligibility:

  • The child must be the biological child, adopted child, or stepchild of the sponsoring parent.

  • The child must be under 18 years of age, or if over 18, must be financially dependent on the sponsoring parent and be a full-time student between 18 and 25 years of age.

  • The sponsoring parent must be an Australian citizen, permanent resident, or eligible New Zealand citizen.

3. Application: The application for this visa is made by the child who is already in Australia. The sponsoring parent will still need to provide information and support the application.

4. Bridging Visa: While the Subclass 802 visa application is being processed, the child may be granted a Bridging Visa to remain lawfully in Australia.

Adoption Visa Subclass 102

1. Overview: The Subclass 102 visa is part of the Australian Family Stream and is designed for children outside Australia who are under 18 years of age and are single. It is a permanent visa, which means once granted, the child can live in Australia indefinitely.

2. Eligibility:

  • The child must be under 18 years of age and must not be married, engaged to be married, or have a de facto partner.

  • Both parents of the child must be either deceased, unable to care for the child, or their whereabouts are unknown.

  • The child must have an eligible relative in Australia who is an Australian citizen, permanent resident, or eligible New Zealand citizen and is willing to sponsor them.

  • The sponsoring relative must be at least 18 years old.

3. Sponsoring Relative: The sponsoring relative is the one who acts as the sponsor for the child's visa application. They must provide financial support and accommodation for the child in Australia.

4. Assurance of Support: The sponsoring relative is also required to provide an Assurance of Support. This is a legal commitment to provide financial support to the child for up to 2 years after their arrival in Australia, or until the child turns 18 (whichever comes first).

5. Health and Character Requirements: The child and the sponsoring relative must meet health and character requirements. They might need to undergo health examinations and obtain police clearances from all countries they have lived in for 12 months or more in the past ten years.

6. Application: The application for the Subclass 102 visa is typically made offshore, meaning the child should be outside Australia when applying. The sponsoring relative in Australia will need to submit the sponsorship form and provide supporting documents.
 

7. Processing Time: The processing time for the Subclass 102 visa can vary depending on various factors, including the completeness of the application and the volume of applications being processed by the Department of Home Affairs.

Visa Subclass 117 & 837 - Orphan Relative Visa

The Orphan Relative Visa Subclass 117 & 837 provides an opportunity for a child who has lost their parent, cannot be cared for by them, or their whereabouts are unknown, to come and live with a relative in Australia.

1. Overview: This visa option is suitable for a child under the age of 18 who is unmarried and cannot be cared for by either parent due to circumstances such as death, permanent incapacity, or unknown whereabouts. In such cases, it may be in the child's best interest to live with a relative in Australia. The child can be sponsored for this visa by an eligible Australian citizen or permanent resident relative.

2. Sponsor: The child's eligible relatives, including siblings or step-siblings, grandparents or step-grandparents, aunts, uncles, step-aunts, or step-uncles, can act as sponsors to facilitate the visa application.​

3 Age: To be eligible for this visa, the child must be below 18 years old.

 

4. Parental Care: It is essential for the child to demonstrate that there is no parent present to provide care or that the whereabouts of the parents are unknown. If the child's parents are deceased, permanently incapacitated, or their location cannot be determined, they qualify for this visa.

5. Consent: If the child under 18 intends to leave their home country and come to Australia, they must have written consent from all parties with legal authority to decide where they live. Additionally, if the laws of the child's home country permit them to leave, they may be eligible to migrate to Australia. The child may also be allowed to enter Australia if it aligns with any child orders issued by Australian authorities.

6. Best Interests of the Child: The Department of Home Affairs may only accept the visa application if granting it is deemed to be in the best interests of the applicant who is under 18 years old.

Subclass 114 Aged Dependent Relative Visa:

1. Overview: The Subclass 114 visa is for elderly individuals who are dependent on their eligible relatives outside Australia and wish to move to Australia to be cared for and financially supported.

2. Eligibility:

  • The applicant must be a relative of an Australian citizen, permanent resident, or eligible New Zealand citizen, who is 18 years of age or older.

  • The applicant must be old enough to be granted an Age Pension in Australia, which is currently set at the qualifying age for the Age Pension (65 to 67 years, depending on the applicant's birthdate).

  • The applicant must be dependent on their eligible relative for financial support, and this dependency must have existed for at least three years before the visa application is lodged.

  • The applicant must not have a spouse, de facto partner, or any other relative (other than a dependent child) who is willing and able to provide the necessary care and support in their home country.

3. Assurance of Support: The applicant must obtain an Assurance of Support, which is a legal commitment from an eligible sponsor (usually the Australian relative) to provide financial support to the applicant for up to ten years after their arrival in Australia or until the applicant qualifies for an Australian social security pension (whichever comes first).

 

4. Application: The application for the Subclass 114 visa is typically made outside Australia.

Subclass 838 Aged Dependent Relative (Onshore) Visa:

1. Overview: The Subclass 838 visa is for elderly individuals who are dependent on their eligible relatives living in Australia and wish to remain in the country to be cared for and financially supported.

2. Eligibility:

  • The applicant must be a relative of an Australian citizen, permanent resident, or eligible New Zealand citizen, who is 18 years of age or older.

  • The applicant must be old enough to be granted an Age Pension in Australia, which is currently set at the qualifying age for the Age Pension (65 to 67 years, depending on the applicant's birthdate).

  • The applicant must be dependent on their eligible relative for financial support, and this dependency must have existed for at least three years before the visa application is lodged.

  • The applicant must be in Australia when applying for the visa.

3. Assurance of Support: The applicant must obtain an Assurance of Support from an eligible sponsor (usually the Australian relative) to provide financial support during the initial settlement period.

 

4. Bridging Visa: While the Subclass 838 visa application is being processed, the applicant may be granted a Bridging Visa to remain lawfully in Australia.

Subclass 115 Remaining Relative Visa:

1. Overview: The Subclass 115 visa is for individuals who have no close family ties outside Australia and have near relatives living in Australia as their only family members. This visa allows them to join their near relatives in Australia permanently.

2. Eligibility:​​

  • The applicant must have a near relative who is an Australian citizen, permanent resident, or eligible New Zealand citizen.

  • The applicant must not have any close family members (parents, siblings, or children) other than their near relative(s) living in Australia or any other country.

  • The applicant must meet the health and character requirements set by the Australian government.

3. Assurance of Support: The applicant must obtain an Assurance of Support, which is a legal commitment from an eligible sponsor (usually the near relative in Australia) to provide financial support to the applicant for up to two years after their arrival in Australia.

 

4. Application: The application for the Subclass 115 visa is typically made outside Australia.

Subclass 835 Remaining Relative Visa (Onshore):

1. Overview: The Subclass 835 visa is for individuals who have no close family ties outside Australia and have near relatives living in Australia as their only family members. This visa allows them to remain in Australia permanently.

2. Eligibility:​​​

  • The applicant must have a near relative who is an Australian citizen, permanent resident, or eligible New Zealand citizen.

  • The applicant must not have any close family members (parents, siblings, or children) other than their near relative(s) living in Australia or any other country.

  • The applicant must be in Australia when applying for the visa.

  • The applicant must hold a valid visa that allows them to apply onshore for the Subclass 835 visa.

3. Assurance of Support: The applicant must obtain an Assurance of Support from an eligible sponsor (usually the near relative in Australia) to provide financial support during the initial settlement period.

4. Bridging Visa: While the Subclass 835 visa application is being processed, the applicant may be granted a Bridging Visa to remain lawfully in Australia.

Subclass 116 Carer Visa:

1. Overview: The Subclass 116 visa is for individuals who are outside Australia and are willing to provide full-time care to their Australian relative with a medical condition that requires ongoing care or assistance.

2. Eligibility:​​​​

  • The applicant must have a relative in Australia who is an Australian citizen, permanent resident, or eligible New Zealand citizen.

  • The Australian relative must have a medical condition that requires full-time care, and there is no one else in Australia who can provide the necessary care.

  • The applicant must be willing and able to provide substantial and continuous care for the duration of their stay in Australia.

  • The applicant must meet the health and character requirements set by the Australian government.

3. Assurance of Support: The applicant must obtain an Assurance of Support, which is a legal commitment from an eligible sponsor (usually the Australian relative) to provide financial support to the applicant for up to two years after their arrival in Australia.

4. Application: The application for the Subclass 116 visa is typically made outside Australia.

Subclass 836 Carer Visa (Onshore):

1. Overview: The Subclass 836 visa is for individuals who are already in Australia and are willing to provide full-time care to their Australian relative with a medical condition that requires ongoing care or assistance.

2. Eligibility:​​​​​

  • The applicant must have a relative in Australia who is an Australian citizen, permanent resident, or eligible New Zealand citizen.

  • The Australian relative must have a medical condition that requires full-time care, and there is no one else in Australia who can provide the necessary care.

  • The applicant must be willing and able to provide substantial and continuous care for the duration of their stay in Australia.

  • The applicant must hold a valid visa that allows them to apply onshore for the Subclass 836 visa.

3. Assurance of Support: The applicant must obtain an Assurance of Support from an eligible sponsor (usually the Australian relative) to provide financial support during the initial settlement period.

4. Bridging Visa: While the Subclass 836 visa application is being processed, the applicant may be granted a Bridging Visa to remain lawfully in Australia.

Please note that immigration policies and visa details can change over time, so it is crucial to verify the most up-to-date information on the official Australian government website or consult with a registered migration agent for the latest and accurate details.

bottom of page