Child visas allow a dependent child, an adopted child, or a child born overseas to a parent who already holds a permanent visa, to live in Australia.
Which one applies depends on the child’s age, whether they are inside or outside Australia, how they came into the family, and who holds parental responsibility.
The offshore permanent child visa, for a child outside Australia whose parent is an Australian citizen, permanent resident or eligible New Zealand citizen.
For a child adopted overseas by an Australian citizen, permanent resident or eligible New Zealand citizen. Adoption cases involve requirements beyond the migration rules, and the order in which things are done matters.
For the dependent child of a parent who holds a provisional partner visa, allowing the child to join the parent while the partner visa is still being decided.
Two requirements do most of the work in this category.
Age. Children under 18 are treated straightforwardly. Older children can still qualify, but only where dependency is established, and the test becomes harder as they get older.
Dependency. For an older child, this means showing genuine and substantial reliance on the parent for financial support and for basic needs, and that this has continued rather than being arranged for the application. Full time study is often relevant.
Where a child has another parent, the application has to address that. This usually means the other parent’s written consent, or a court order, or evidence that the law of the relevant country permits the child to leave.
This is the single most common cause of delay in child visa applications, particularly where the parents have separated or where the other parent is out of contact. It is far easier to deal with at the start than to fix once an application is sitting with a case officer.
Children can often be included in a parent’s visa application rather than applying separately. Where that is possible it is usually simpler and cheaper.
Timing matters. Adding a child after an application has been lodged is possible in some circumstances and not in others, and adding one after a decision is generally not possible at all. A child born during processing needs to be dealt with promptly.
Consent from the other parent, missing or contested.
Dependency for an older child, asserted rather than evidenced.
Documents that do not establish the relationship. Birth certificates, adoption orders and identity documents from some countries need supporting evidence.
Adoption arrangements that do not fit the recognised pathways. Private or informal arrangements often do not meet the requirements, however genuine they are.
Children left out of a parent’s application and needing to apply separately later.
We work out which visa fits, deal with consent and parental responsibility properly at the outset, and build the evidence of relationship and dependency the application needs.
Where an application involves adoption, or a child whose other parent cannot be located, we advise on what is realistically available.
We cannot promise an outcome. We can make sure a child’s application is complete before it is decided.
Call 1300 368 933 to talk through your situation with an immigration lawyer.
