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Child Visa (Subclass 802 and 101)

Child Visa (Subclass 802 and 101)

Family Based Permanent Residency Visas

  • Child Visa (Subclass 802 and 101)
  • Contributory Parents Visa (Subclass 864 and 183)

Australian Permanent Residency Family Visas

It is possible to bring in children and parents to Australia using an Australian Permanent Residency Visa.

Children

The visas applies to a child who is not already a permanent resident in Australia and want to stay in Australia permanently.

Eligibility

  • The child needs to be sponsored by the parents or the partner or a parent.
  • The child needs to be under the age of 18 and not adopted.
  • If the child is adopted, the child needs to be under the age of 18 when it was adopted.
  • This can apply to a student between the ages of 18 and 25.
  • If the young person is over the age of 18 and is dependent upon the sponsoring parent due to a disability.
  • If child has his or her own children, they can be included in this visa.

Adopted Children

They must have been under 18 when they were formally adopted. One of the following criteria must also apply:

  • There is an active Adaptation Compliance Certificate in force and the proper Adoption Conventions have been followed.
  • The child has been adopted by a parent who is now, or was, a permanent Australian citizen, and permanent Australian resident or a New Ze al and citizen.
  • This was an Australian expatriate adoption.

The Child must be:

This is the parent’s biological child, or the parent’s adopted child.

Health Requirements

The child or children will have to undergo a mescal examination. Australia does have a very good health record and wishes to maintain this. Tuberculosis or TB is one of the key thing the medical examination will be looking for..

Australian Health Insurance

Australia is covered in the most part by Australian Medicare. The country you and the child are coming from, may have a reciprocal arrangement with. However, this may not cover everything that might be needed. It would be wise to look into getting further health insurance. This will definitely be the case if the country, you and the child are coming from, does not have a reciprocal arrangement with Australia regarding Australian Medicare.

Character Requirements

This really means polices checks. These are needed for anyone wanting temporary or permanent residency in Australia over the age of 16.

This covers prison sentences of 12 months or more or combinations of sentences adding up to 12 month. Any offenses regarding detention centres. If you have associations with any criminal gangs. If you are known to the Australian Security Intelligence Organization.. This covers any crimes of molesting , intimating and stalking. Plus sexual crimes committed against young children.

You will need to present valid police documentation from each country your child has lived in for 12 months or more.

Disability

This is defined as a child has a partial or full loss of mental functions and or bodily functions. The child will not be able to work and will be dependent upon the parent for financial support. They should not have a partner as such, be engaged or married.

Education pay fees if permanent?

It seems probable that you will have to pay school fees for any dependent children in Australia. However, there are a number of exceptions and special cases. This seems to vary state by state along with territories, across Australia.

For example in Queensland, there seem to be exceptions available for specific temporary visa holders, for fees being paid. It would be a good idea to discuss this with any advisory who is helping you and your children through the application process.

In Australia children are expected to attend school. This is from the age of 6. Also note, children need to apply by at least the 30th of April for any per-school places for 4 year olds.

The Australian academic year starts on the 276h of April.

Again, a medical note, children will have to have their immunization records with them. This will be from a medical practitioner who is registered or a clinic.

It also seems to be the case that permanent residents with dependent children, will need to pay school and college fees “up front” as well. The period seems to be for 12 weeks.

South Australia

There is specific data on the children of workers on the Subclass 457 Visa. The official Australian web site states that from 2017, each primary schools child needs to pay $5100 AUD, and $6100 for a High School student. There seem to be exemptions with couples and partners having a joint income of less the $61,000 AUD.

May Be Okay?

Again, guidance is really needed in determine what is going on. There does appear to be differences between different states in Australia as well, when it comes to school and college fees, plus the types of work visa that is used. If you look at chat sites online on this subject, it does seem that in a number of cases school fees may not be needed or will be fairly nominal. Donations may be expected.. So it may not be too much of a worry. Again ask for specific help on this from a reliable employment agency, cited your specific circumstances.

Assurance of Support

The Australian Authorities will get in touch with you if they need evidence of your overall financial situation. This is to make sure that your will not be a burden, financially, on the Australian state in general.

Debts to the Australian Government.

All loans and debts must be fully paid up to the Australian government.

Sponsors

Sponsoring are responsible for the following:

  • To support a child financially and provide adequate accommodation. This must be for the first two years.
  • The Child must be helped to settle in Australia.
  • If, needed, the sponsored child should attend an English Language Class.

Sub Class Visa 101

The Sub Class Visa 101 is very similar to the Sub Class Visa 802, in allowing children to live in Australia permanently. The key difference is that this allows children who are outside Australia, to come a live permanently in Australia.

If your child is outside of Australia then how you go about applying for the visa becomes a bit more critical. In Australia this should be a lot more straight forward.

Application Process.

You need documentation.

The reason for all this documentation, and for it to be checked thoroughly, is to do with trying to gain entry to Australia illegally.

Passport Photographs

You should supply two passport port photographs of each child who is coming into Australia. There should be 45 mm x 35 mm in size. These should be taken against a plan back ground and must be head and shoulders only, looking into the camera. The name of the child must be printed neatly at the back of each photograph.

Child Identification

You will need a certified copy of the child’s birth certificate or registration. If you do not have these documents then one of the following will be needed. A certified copy of the relevant pages from:

  • A valid passport
  • A valid family book, with both names of the parents shown.
  • A government issued identification document.
  • A document issued by a court verifying the child’s identity.

If the child’s name has changed or that of the parents or guardians, then there needs to be a certified copy of this. If the child was adopted before the parent became a permanent visa holder, an Australian citizen or a citizen in New Zealand, then complete certified copies of the adaptation papers will be needed.

If the child is a step child, then the sponsor will need the documentation:

  • The child’s parent is in fact the former partner of any sponsoring step parent.
  • Details of the child’s adoptive or biological parentage.
  • If the step parent is the sponsor of the child, it must be shown that the parent has legal responsibility for that child.
  • Valid documentation to show that the child is younger than 18 years old.

Documentation needed for a dependent child 18 years or older.

  • To show that the child is evolved in post secondary education.
  • To explain any gaps of 6 months or more from when the child left secondary school and then started any further study.
  • There needs to be evidence that any child is being supported financially by the sponsor. This includes food clothing, housing and transportation etc. This evidence can include bank statements, rent receipts, money transfers etc.
  • Evidence to show that the the child is suffering from a disability of any kind, physical, mental or both. Show that this prevents them from working. This evidence should come from a medical practitioner who is qualified to undertake these examinations.

Sponsor Documentation

This will include evidence that the sponsor is Australian, or has permanent residency in Australia. Alternatively, the sponsor has permanent residency in Australia. The sponsor could be from New Zealand with links to Australia. This will mean a valid Australian passport or foreign passport. Legal documents

There needs to be documentation to show that the sponsor has the legal right to determine where the child is going to live. This should include:

  • There needs to be certified copies made of any legal documents. These include custody access which has been ordered by the court, and a guardianship order.
  • There has to be a statutory declaration from each of the possible sponsors stating that they do not have any possible objections to the child migrating to Australia.
  • There is the need for consent Form 1229, which grants an Australian visa to a child under the age of 18.
  • Along with the Form 1229 or a statutory declaration, you will need to attach other government identification such as a certified copy of a passport or driving license.

Police Checks

If the child is already in Australia and aged 16 or over but younger than 18, there will be the need for a AFP Police check, to make sure the child has not been in jail for 12 months or more. This will be the same if your child is coming from abroad. There will be the need of a police check from your home country. This will be for any country you have been in 12 months or more, before the child turns 18. You will have to provide original documentation to the Australian Authorities.

Child Support

This is to provide evidence of the relationship between the sponsor and any one involved with support support for the child.

This includes the relationship of the sponsor with the parties that were providing child support. The period this covered or if the child support is still current. The amount of payments made and the frequency of child payments made, along with evidence for this, receipts bills etc.

General Documents

You will need to obtain and complete Forms 47CH and 40 CH, application for s child going to Australia and the sponsorship of a child who wants to go to Australia. These forms must be in English.

Third Parties

You can appoint a third party to receive correspondence from the Australian authorities for you. This is Form 956a. You will need to sign this.

Note if you need (English)

Payment (cost)

This can be done using a credit card, American Express, Visa, MasterCard, JCB and Dinners Card. There will be a small interest charge. It is also a good idea to contact your bank first, if you live outside Australia, to explain the situation so that payment is not declined. If you don’t your payment may be declined, and this could block your visa application.

You can also pay online. In addition to these credit cards, you can use prepaid credit cards, B pay and PayPal. Again there may be surcharges for using these.

Living inside Australia, Subclass Visa 802 Payment Methods

This allows for the same set of credit cards to be used in addition to PayPal and pre-paid credit cards. Bank cheques and a money order from Australian Post only, made payable to “ Department of Immigration and Border Protection”.

Living Outside Australia, Subclass Visa 101 Payment Methods

If you live outside of Australia you can pay by using an International money order, or an international cheque. This is paid in Australian dollars, the method you use must be linked to an Australian bank. Again, the cheque or money order is made payable to the “Department of Immigration and Border Protection”.

For more detailed information on all of this please talk to your representative guiding your child through the visa application process.

Translation if English is not your first Language.

If you live in Australia you should use the accredited National Accreditation Authority for translators and interpreters. Outside of Australia, then the translator should write down his or her full details, address, email, qualification and experience.

Preparing the Application

The web and email applications can be used. It is important to fill out Form 1193.

Please Note

This can also be used by a registered migration agency.

Applications can also be sent via mail to the the Australian Government Department of Immigration and Border Protection by a recognized registered mail service.

 

What to do next

 

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