802 Visa Child (Onshore)

Visa Overview 

802 visa is a permanent visa for a dependent child of an Australian citizen, permanent resident or eligible New Zealand citizen. 802 visa is for a child who is currently onshore and can only be applied while in Australia. The visa will also apply to an onshore adopted child if their adoptive parents became an Australian citizen, permanent resident or eligible New Zealand citizen before they are adopted.

Benefits

  • Remain in Australia permanently

  • Work and study rights

  • Enrol in the public healthcare system of the country (Medicare)

  • Sponsor eligible relatives to come to Australia

  • Travel outside and re-enter Australia as many times within the first five years upon their visa grant

  • Become eligible to apply for Australian Citizenship if all requirements are met

Eligibility and Requirements

Sponsor:

  • An Australian citizen, permanent resident or an eligible New Zealand citizen

  • They are the parents, step-parents or adoptive parents of the child.

    • A step-parent who has separated from the child’s parent but has a legal responsibility to take care of the dependent child, or;

  • An adoptive parent who adopted the child before becoming an Australian citizen

  • Can provide reasonable financial support to meet the child’s needs.

  • Can support the child to take English language class to enhance the child’s proficiency in the Language.

  • Have written consent from people who can claim legal rights to decide where the child should live.

  • Have legal permission from the child’s home country to grant the migration.

Applicant:

  • Under 18 years old

    • If the child is over 18 years or older, they:

      • can’t be engaged to be married; and

      • can’t be or ever have been in a de facto relationship

      • must be a full-time student when they apply and when the visa application is decided

      • can’t work full time

      • must be financially dependent on their parent

      • enrolled in a full-time course that leads to a professional, trade or vocational qualification

      • attending classes

    • The child should have started studying after turning 18 years of age or within 6 months (or a reasonable time) of finishing school. Any gaps of more than 6 months between their final year of school and the start of their further studies must be explained.

    • If the child is 18 years or older with a disability, they:

      • must have totally or partially lost their bodily or mental functions

      • can’t work full time

      • must be financially dependent on their parent

  • Dependent, adopted or stepchild of an Australian citizen, permanent resident or an eligible New Zealand citizen

  • Single and dependent on the sponsoring parent

  • Have the consent to migrate to Australia

    • Written consent from everyone who can legally decide where the child will live

    • The child’s home country allows them to leave

    • The child’s migration is consistent with any Australian child order

  • The child is currently in Australia when the application is submitted and while the department is making the decision.

Adopted children

If the child was adopted after their parent became an Australian citizen, Australian permanent visa holder or eligible New Zealand citizen, they must have been adopted:

  • Through an intercountry adoption with the involvement of an Australian state or territory central authority, or

  • Through an intercountry adoption by arrangement between two countries (other than Australia) that are parties to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (the Hague Adoption Convention), or

  • If no Australian state or territory central authority was involved, through an expatriate adoption by an Australian citizen, an eligible New Zealand citizen or the holder of an Australian permanent visa who has been living outside Australia for more than 12 months before the adoption was finalised.

Stepchildren

To be eligible for this visa, a stepchild must:

  • Be the child of their parent’s former partner

  • Be aged under 18

The step-parent must also have either:

  • An Australian parenting order in force that says the child is to live with them and be looked after by them, or

  • Guardianship or custody of the child under an Australian law or the law of another country

How it works

Step 1: Prepare all the necessary documents, such as; identity documents, travel documents, relationship evidence and character documents.

Step 2: Lodge the Visa Application online.

Step 3: Update the Department when there are changes in contact details, addresses and passports.

Step 4: Applicants will be informed by writing from the Department about the visa outcome. If the application has been refused, information such as the reason why it was refused and if there’s a chance for a review of the decision will be included in the letter.

Processing Time:

75% of applications: 11 months
90% of applications: 17 months

Our Services 

At Think Visa, we are experienced in managing all visa applications under the Child migration category. Our Migration Action Plan will include:

  • Assessing your situation and tailor-make a plan that suits your circumstances

  • Preparation for the Child visa

  • Full guidance on the documents and statements needed

  • Reviewing and lodging your Child visa applications

  • Preparing a legal submission (if required)

  • Monitoring your Child visa application promptly

  • Managing your bridging visas (if required)

  • Any correspondence with the Department until a decision is made on the application

 We can also provide you with successful strategies depending on your circumstances:

  • Previous visa refusals/cancellations

  • Tribunal appeals

  • Packaged visas to achieve ultimate migration goal

Migration law is complex and is constantly changing. Let Think Visa do the thinking for you!

 Cost 

  • Department fee: $2,710

Accreditation

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Let us solve your migration problems. We provide:

  • Trusted legal advice with peace of mind for your migration journey

  • Prepare, lodge and liaise with the Department on behalf of you and your family

  • Project-manage the application until the visa is granted and bring you to Australia