If you are an Australian Citizen or Permanent Resident who wants to sponsor their child to migrate to Australia, the Child Visa might be the right visa for you.
Eligibility Criteria – Sponsor
You can sponsor a child if you are:
1. the parent of a child, or the spouse of a parent of a child;
2. a step-parent who is no longer the partner of the child’s parent but has a legal responsibility to care for the child and the child is younger than 18 years of age; or
3. an adoptive parent who adopted the child before you became an Australian citizen or the holder of an Australian permanent resident visa.
The sponsor does not need to be in Australia at the time of the application. You can still be a sponsoring parent if you:
1. entered Australia in the past but are outside Australia when you lodge the application; or
2. have been granted your Australian permanent resident visa but have not yet entered Australia.
You might be asked to provide an “Assurance of Support” to Centrelink so the child is not a burden to the welfare system.
Eligibility Criteria – Visa Applicant
To get this visa, your child must be:
1. single and younger than 18 years of age;
2. a full-time student between 18 and 25 years of age; or
3. unable to work due to a disability and dependent on you as the sponsoring parent.
Children between 18 and 25
A child between 18 and 25 years of age who does not have a disability that prevents them from working must:
1. never have had, and not now have, a spouse or de facto partner;
2. not be engaged to be married;
3. not be in full-time work; and
4. be a full-time student at the time of the application and be enrolled and participating in a full-time course of study leading to a professional, trade or vocational qualification, and must have started that course since turning 18 or within six months of turning 18 (or finishing school) or a reasonable time after finishing school.
Children with a disability
A child of any age is eligible for this visa if they:
1. have a disability which mean that they have a total or partial loss of their bodily or mental functions, and they are unable to work because of it;
2. are not engaged, married or have a de facto partner;
3. are not engaged in full-time work; and
4. are financially dependent on you as their sponsoring parent.
All children need to pass certain health and character checks to be granted this visa.
Where the application can be lodged
The Child Visa is a permanent residence visa that can be applied for in Australia or outside of Australia. If your child makes their application in Australia, they will be granted a Bridging Visa that will allow them to stay in Australia lawfully whilst their visa application is being processed. They must be in Australia for the visa to be granted.
If your child applies from outside of Australia, they must be outside of Australia for the visa to be granted.
Our experienced immigration lawyers will ensure your application is given the best prospects of success.
We offer all our prospective clients an initial meeting, during which we will thoroughly explain the law surrounding this visa to you and inform you of the process moving forward.
To organize a initial consultation with us, please contact one of our experienced immigration lawyers on (02) 9590 3987.