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Child, Adoptive and Orphan Relative Visas
Bring your child to Australia. Our migration lawyers advise on Child, Adoption, Dependent Child, and Orphan Relative visas — and make sure you apply under the right subclass the first time.
Child Visas Overview
Australia's family migration program includes several visas that allow a child to join a parent or relative in Australia. Which one applies depends on the relationship between the child and the sponsor, the age and circumstances of the child, and whether the child is inside or outside Australia when the application is lodged. Choosing the wrong subclass is a common and costly mistake, because visa application charges are generally not refunded if an application is refused.
Subclass 101 / 802 Child Visa
Permanent residence for the dependent child of an Australian citizen, permanent resident, or eligible New Zealand citizen — Subclass 101 is applied for outside Australia and Subclass 802 from within Australia.
Subclass 102 Adoption Visa
Permanent residence for a child adopted overseas, or in the process of being adopted, by an Australian citizen, permanent resident, or eligible New Zealand citizen.
Subclass 445 Dependent Child Visa
A temporary visa allowing the dependent child of a parent who holds a provisional partner visa to join that parent in Australia while the permanent stage is decided.
Subclass 117 / 837 Orphan Relative Visa
Permanent residence for a child under 18 whose parents have died, are permanently incapacitated, or cannot be located, sponsored by an eligible Australian relative.
Understanding the Different Child Visas
Each child visa subclass has its own relationship, age, and sponsorship requirements. Understanding the differences before you lodge is the single most effective way to avoid a refusal or a long delay.
Child visa (Subclass 101 and 802)
The Child visa is the most common pathway and is available to a child who is the biological, adopted, or step-child of the sponsoring parent. The child must be under 18, or aged 18 to 24 and financially dependent on the parent while studying full time, or 18 or over and unable to work because of a disability. The child must also be single — that is, not married, engaged to be married, or in a de facto relationship. Subclass 101 is lodged while the child is outside Australia; Subclass 802 is lodged while the child is in Australia and holds a substantive visa.
Adoption visa (Subclass 102)
The Adoption visa covers children adopted outside Australia through a recognised adoption arrangement, or who are in the process of being adopted. The adoption must be lawful in the country where it took place and recognised under Australian law, which generally means it has been arranged through a state or territory central authority or falls within the expatriate adoption rules.
Dependent Child visa (Subclass 445)
This visa is designed for the child of a parent who has applied for a partner visa and holds the temporary stage (Subclass 309 or 820) but has not yet been granted permanent residence. It is a temporary visa that lets the child join the parent in Australia, and the child is then added to the permanent partner visa application before it is decided. Timing matters here — the application must be made before the parent is granted the permanent visa.
Orphan Relative visa (Subclass 117 and 837)
An Orphan Relative visa is available where a child under 18 has no parent able to care for them because the parents have died, are permanently incapacitated, or their whereabouts are unknown. The child must be sponsored by an eligible relative in Australia, such as a sibling, grandparent, aunt, uncle, or cousin who is an Australian citizen, permanent resident, or eligible New Zealand citizen. Subclass 117 is applied for offshore and Subclass 837 onshore.
How to Know Which Visa Is Right for Your Child
The right subclass usually becomes clear once you work through a handful of questions about the relationship to the sponsor, age and dependency, and where the child is currently located.
Is the child the biological, adopted, or step-child of an Australian citizen, permanent resident, or eligible New Zealand citizen?
A Child visa (Subclass 101 offshore or 802 onshore) is usually the right pathway — provided the child is single and meets the age and dependency requirements.
Is the child being adopted from overseas?
The Adoption visa (Subclass 102) applies, but only where the adoption is recognised under Australian law. Speak with us before the adoption is finalised — the order in which steps are taken affects eligibility.
Is the parent still waiting on the permanent stage of a partner visa?
The Dependent Child visa (Subclass 445) allows the child to join the parent in Australia now and be included in the permanent partner visa decision later.
Has the child lost both parents, or are the parents unable to care for them?
An Orphan Relative visa (Subclass 117 or 837) may be available where an eligible Australian relative can sponsor the child.
Is the child already in Australia?
This determines whether you apply onshore or offshore. Onshore applications (802, 837) generally require the child to hold a substantive visa and carry different bridging visa consequences.
Two further points often decide the outcome. First, the child must generally still meet the age and dependency requirements at the time of decision, not just at the time of application — so delays can affect eligibility for older children. Second, where another person has a legal right to determine where the child lives, written consent or a court order will usually be required before a visa can be granted.
Book a Child Visa ConsultationAdoption Visa Pathways and Options
Adoption is the most technically demanding of the child visa pathways, because Australian migration law only recognises adoptions completed in particular ways. Broadly, there are two routes.
Adoption arranged through a state or territory central authority. Australia is a party to the Hague Convention on Intercountry Adoption and has bilateral arrangements with a number of other countries. Where an adoption is arranged through your state or territory adoption authority under one of these programs, the child can be sponsored for a Subclass 102 Adoption visa once the adoption process is complete or sufficiently advanced.
Expatriate adoption. Where an Australian citizen or permanent resident has been living overseas for at least 12 months for reasons other than adopting a child, they may be able to adopt under the law of that country and then sponsor the child. The Department examines these applications closely to confirm that the period of residence overseas was genuine and not arranged in order to avoid the central authority process.
A third possibility is often overlooked: where a child has already been adopted and the adoption is fully recognised in Australia, a Subclass 101 or 802 Child visa may be the more appropriate application rather than an Adoption visa. Getting this distinction right at the outset avoids a refusal and the loss of the application charge.
Because the sequence of steps matters so much in adoption matters, we strongly recommend obtaining advice before an adoption is finalised overseas. Our migration team can map out the pathway, coordinate with the relevant adoption authority, and prepare the visa application so that it aligns with the adoption process rather than cutting across it.
Child Visas — Frequently Asked Questions
What is the age limit for a child visa to Australia?
A child must generally be under 18 at the time of application. A child aged 18 to 24 may still qualify if they are financially dependent on the sponsoring parent and studying full time, and a child aged 18 or over may qualify if they cannot work because of a disability. The child must also be single — not married, engaged, or in a de facto relationship.
Can I add my child to my partner visa application instead of applying separately?
Often yes. A dependent child can usually be included as a secondary applicant on a partner visa application, which is generally simpler and cheaper than a separate Child visa. If your temporary partner visa has already been granted and your child is overseas, the Subclass 445 Dependent Child visa is typically the correct route. We can assess which option is faster and lower risk in your circumstances.
Does my child need to be sponsored?
Yes. Child, Adoption, and Dependent Child visas require sponsorship by the parent (or the partner of the parent), and the sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen. Orphan Relative visas are sponsored by an eligible Australian relative. Sponsors may also need to meet character requirements.
Do I need consent from the other parent?
Generally yes. Where another person has a legal right to determine where the child lives, the Department requires their written consent, or a court order or law permitting the child to migrate. Contested parenting arrangements are one of the most common causes of delay in child visa applications, so it is worth getting advice early.
How long does a child visa take to process?
Processing times vary by subclass and change regularly. The Department of Home Affairs publishes current global processing times for each visa subclass on its website and updates them monthly. We will give you a realistic estimate based on the subclass, where the application is lodged, and how complete the supporting evidence is.