What Is the Child Visa Subclass 101?

The Child visa subclass 101 is a permanent visa for an eligible dependent child who is outside Australia.

If granted, the child can move to Australia to live with their parent and become an Australian permanent resident.

The visa can provide the child with the ability to:

• Live permanently in Australia
• Work in Australia
• Study in Australia
• Access Medicare, subject to eligibility
• Travel to and from Australia during the visa travel facility
• Potentially become eligible for Australian citizenship when the applicable requirements are met

The visa is part of Australia's Family Migration Program – Child category.

Who Can Sponsor a Child for Subclass 101?

The child's parent generally sponsors the child.

The sponsoring parent must generally be:

• An Australian citizen
• An Australian permanent visa holder
• An eligible New Zealand citizen

The parent must also satisfy the applicable sponsorship requirements.

In some circumstances, another eligible person may be able to sponsor the child where permitted by the migration legislation.

Evidence of the sponsor's status and the parent-child relationship must be provided with the application.

Who Can Apply for Subclass 101?

The child must generally be outside Australia when the application is made and when the visa is decided.

The child must also satisfy the applicable dependent-child requirements.

The main eligibility categories include:

Child Under 18

A child under 18 can generally qualify if they are the biological, adopted or stepchild of the eligible parent and meet the applicable requirements.

Child Aged 18 or Over

A person aged 18 or over may still qualify in certain circumstances if they remain a dependent child under the migration rules.

For example, dependency can continue where the person is unable to support themselves because of a physical or cognitive limitation.

Dependent Full-Time Student

Certain children aged 18 or over may qualify where they are a full-time student and remain financially dependent on the parent or relevant person.

The exact requirements depend on the child's age, circumstances and relationship with the sponsoring parent.

Dependent Child Requirement

Being the biological child of an Australian citizen or permanent resident does not automatically guarantee subclass 101 eligibility.

The child must satisfy the applicable dependency and relationship requirements.

The Department may consider factors such as:

• The child's age
• Whether the child is financially dependent
• Whether the child is studying full-time
• Whether the child has a spouse or de facto partner
• Whether the child has a physical or cognitive condition affecting their ability to support themselves
• The relationship between the child and sponsor

Evidence should clearly demonstrate the child's dependency where required.

Relationship to the Sponsor

The child may qualify through a recognised parent-child relationship.

This can include:

• Biological child
• Adopted child
• Stepchild in circumstances recognised under the migration legislation

The application should include appropriate evidence of the relationship.

Examples may include:

• Birth certificate
• Adoption documents
• Marriage documents of the child's parent where relevant
• Evidence of parental responsibility
• Court or guardianship documents where applicable
• Other relationship evidence requested by the Department

Child Visa and Adoption Visa – Important Difference

Subclass 101 should not be confused with the Adoption visa subclass 102.

Subclass 101

Generally applies to an eligible dependent child of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Subclass 102

Specifically applies to an eligible child adopted, or being adopted, outside Australia under the applicable adoption arrangements.

The correct visa depends on how the child is related to the Australian parent and the circumstances of the adoption.

Child Visa Subclass 101 Requirements

1. Eligible Parent

The child must have an eligible parent who is:

• An Australian citizen
• An Australian permanent visa holder
• An eligible New Zealand citizen

2. Child Must Be Outside Australia

Subclass 101 is an offshore Child visa.

The child must generally be outside Australia when the application is lodged and when the visa is decided.

If the child is already in Australia, another Child visa pathway, such as subclass 802, may be relevant depending on the circumstances.

3. Dependent Child

The child must satisfy the applicable dependent-child requirements.

This is particularly important for applicants aged 18 or over.

4. Sponsorship

The eligible parent generally needs to sponsor the child.

The sponsor must satisfy the applicable sponsorship requirements and provide evidence supporting the application.

5. Health Requirements

The child must satisfy Australia's applicable health requirements.

The Department may request health examinations as part of the application.

Any relevant family members may also need to satisfy applicable health requirements depending on the circumstances.

6. Character Requirements

Character requirements can apply depending on the child's age and circumstances.

Applicants aged 16 or over may be required to provide police certificates and other character documentation.

7. Best Interests of the Child

Where the applicant is under 18, the Department considers the best interests of the child when assessing the visa application.

This is an important child-protection consideration.

8. Australian Government Debts

The child and relevant persons must satisfy the applicable requirements concerning debts owed to the Australian Government.

Where applicable, outstanding debts may need to be repaid or a suitable repayment arrangement established.

Custody and Consent Requirements

Where a child is under 18, additional evidence may be required regarding custody, parental responsibility and consent to the child's migration to Australia.

This can be particularly important when:

• Parents are separated or divorced
• One parent remains overseas
• The child is subject to a court order
• Another person has legal custody
• The child is being cared for by someone other than the sponsoring parent

Depending on the circumstances, the application may require evidence that:

• The sponsor has the legal right to determine where the child lives; or
• Every person who can legally decide where the child lives has consented to the child's migration; or
• Relevant legal or court requirements have otherwise been satisfied.

These issues should be reviewed carefully before lodging the application.

What Can a Subclass 101 Visa Holder Do?

Subclass 101 is a permanent visa.

Once granted, the child can generally:

Live Permanently in Australia

The child can live in Australia permanently as a permanent resident.

Study in Australia

The child can attend school or undertake further education in Australia.

Work in Australia

The child can work in Australia subject to the applicable laws and age requirements.

Medicare

The child can generally access Medicare if they meet the applicable eligibility requirements.

Travel Internationally

The child can travel to and from Australia while the visa's travel facility remains valid.

Potential Australian Citizenship

The child may later become eligible for Australian citizenship if they satisfy the relevant citizenship requirements.

Travel Facility

A permanent visa does not mean that the child can automatically return to Australia after travelling overseas indefinitely.

The initial travel facility attached to the visa generally allows international travel for a specified period.

Before travelling overseas after the travel facility expires, the child may need a Resident Return visa (RRV) or another appropriate travel facility to return to Australia as a permanent resident.

Families should check the child's current visa status and travel facility before arranging international travel.

Child Visa Subclass 101 Application Process

Step 1 – Check the Child's Eligibility

Confirm:

• Child's age
• Dependency
• Parent's Australian status
• Parent-child relationship
• Child's location
• Health requirements
• Character requirements where applicable

Step 2 – Check Sponsorship

Confirm that the Australian parent is eligible to sponsor the child.

Step 3 – Prepare Relationship Evidence

Collect documents proving the relationship between the child and sponsoring parent.

Step 4 – Check Custody and Consent

If the child is under 18, review custody, parental responsibility and consent requirements.

Step 5 – Prepare Supporting Documents

Prepare identity, relationship, health, character and other required documents.

Step 6 – Lodge the Application

The Department currently states that Child visa applications must be made using a paper application form. New Child visa applications are processed through the Department's Perth processing centre.

Step 7 – Receive Application Acknowledgement

The Department will acknowledge the application and provide further instructions where required.

Step 8 – Complete Health and Character Requirements

Complete any examinations or checks requested by the Department.

Step 9 – Respond to Department Requests

Provide additional information or documents if requested.

Step 10 – Visa Decision

The Department assesses the application and makes a decision.

Child Visa Application Documents

The exact documents depend on the child's circumstances.

Common documents may include:

Child's Identity

• Passport
• Birth certificate
• National identity documents, where applicable
• Passport photographs where required
• Evidence of name changes

Parent's Documents

• Australian passport or citizenship evidence
• Australian permanent visa evidence
• Eligible New Zealand citizenship evidence
• Identity documents

Relationship Evidence

• Child's birth certificate
• Adoption documents where applicable
• Court documents
• Family records
• Other evidence requested by the Department

Dependency Evidence

For an applicant aged 18 or over, evidence may include:

• Full-time enrolment documents
• Academic records
• Evidence of financial support
• Bank records
• Accommodation arrangements
• Evidence demonstrating dependency
• Medical evidence where dependency results from a physical or cognitive limitation

Custody and Consent

For applicants under 18:

• Court orders
• Custody documents
• Parenting orders
• Written consent from relevant persons
• Evidence of sole parental responsibility where applicable

Health and Character

• Health examination results where requested
• Police certificates where required
• Other character documents

All documents not in English should be translated according to the Department's requirements.

Processing Time for Subclass 101

Child visa applications can take time to process, and the processing period can vary significantly between applications.

The Department provides processing-time guidance based on recently decided applications, but this is only an indication and not a guarantee.

Processing can take longer where:

• Documents are missing
• Further information is required
• Health checks are outstanding
• Character checks require additional assessment
• Identity or relationship evidence needs verification
• Custody or consent issues are complex
• The application contains inconsistencies

Providing a complete application with clear supporting evidence can help reduce avoidable delays.

Child Visa Cost

The subclass 101 application is subject to a Visa Application Charge (VAC).

The final cost can depend on:

• Main applicant
• Additional applicants, where applicable
• Date the application is lodged
• Current government charges

Additional expenses may include:

• Health examinations
• Police certificates
• Translation
• Document certification
• Biometrics, where applicable
• Professional migration advice

Australian visa application charges can change, so applicants should check the current Department of Home Affairs Visa Pricing Estimator before payment rather than relying on an old fee published online.

Subclass 101 vs Subclass 802

The main difference between subclass 101 and subclass 802 is where the child is located.

If the child is already in Australia, subclass 101 is generally not the appropriate Child visa pathway and subclass 802 may need to be considered.

Subclass 101 vs Subclass 102

If the child is adopted, choosing the correct visa is particularly important.

Subclass 101: Child visa for an eligible dependent child of an Australian parent.

Subclass 102: Adoption visa for an eligible child adopted, or being adopted, outside Australia.

The circumstances of the adoption and the child's legal relationship with the sponsor determine which pathway may be appropriate.

Can a Child Visa Holder Become an Australian Citizen?

Subclass 101 is a permanent visa, so the child may later be eligible to apply for Australian citizenship if they satisfy the relevant citizenship requirements.

Permanent residence does not automatically mean citizenship.

Citizenship eligibility depends on factors such as:

• Residence requirements
• Visa status
• Age
• Character requirements
• Other requirements under Australian citizenship law

Parents should obtain separate citizenship advice when the child approaches eligibility.

Important Things to Consider Before Applying

Before lodging a subclass 101 application, check:

✔ The child's age
✔ Whether the child is dependent
✔ Parent's Australian citizenship or permanent residence status
✔ Parent-child relationship
✔ Whether the child is outside Australia
✔ Custody and parental responsibility
✔ Consent requirements
✔ Health requirements
✔ Character requirements
✔ Supporting documentation
✔ Whether subclass 101 or another Child visa is appropriate

A child visa application can become more complicated when the child is over 18, parents are separated, another person has custody or the child's circumstances have changed.

How We Can Help With Child Visa Subclass 101

At The Visa and Education Services Pty Ltd, we can help families understand and prepare for the Child visa process.

Our Assistance Can Include:

✔ Subclass 101 eligibility assessment
✔ Parent and child relationship assessment
✔ Dependency assessment
✔ Sponsorship guidance
✔ Custody and consent documentation guidance
✔ Health and character requirement guidance
✔ Document checklist and review
✔ Child visa application preparation
✔ Paper application guidance
✔ Review of potential application issues

Speak With a Registered Migration Agent

Navneet Kaur – Registered Migration Agent
MARN: 2318181

If your child is outside Australia and you want them to join you permanently, the Child visa subclass 101 may provide the appropriate family migration pathway.

Get Personalised Child Visa Advice

Understand your child's eligibility, documentation requirements and the correct visa pathway before lodging the application.