How to Apply for Child Visa subclass 101?

February 27, 2024    Migration Lawyer Perth
How to Apply for Child Visa subclass 101?

Child Visa Subclass 101 –

There can be various instances when a child is living separately in a different country from parents who are residents of Australia. This can be due to job requirements that keep the parents posted or relocations due to custody.

In any of these or other cases, the child may need to relocate to Australia as a permanent resident for their well-being. The Child Visa of Subclass 101 specifically caters to enabling children to come and live in Australia with their parents.

This article covers all the steps involved in the Child Visa Subclass 101 Application process.

Benefits of Opting for Child Visa Subclass 101?

A child visa, like any other travel permit, allows children of parents who already reside in Australia to move and live here indefinitely. This applies to biological children, step-children, and adopted children. With this, the child can:

  • Live and pursue education in Australia.
  • Access to healthcare and protection under Medicare.
  • Apply for an Australian citizenship.

Each child should have a separate visa application process if there are multiple children or siblings.

Application Process for Child Visa Subclass 101 –

1. Gather relevant documents

The child visa of subclass 101 has certain unique requirements that you must present documents to prove while applying through the 47 CH Child Migration Application form.

a. Being dependent on parents who must meet certain criteria

To avail of this visa, the child must necessarily be dependent on parents who are:

  • Citizens of Australia
  • Hold permanent visas to Australia
  • In certain cases, they can also be citizens of New Zealand

The child/children can be adopted, step-children, or biological offspring; however, each has different eligibility criteria:

  • Adopted:

The child must have been adopted before age 18 by a parent who was not a permanent resident or citizen of Australia at the time. If the parent were a permanent resident or citizen of Australia during adoption, the child would be eligible for an Adoption visa.

  • Step-child:

They must be the offspring of the former partner of their step-parent. Further, the step-parent must have a parenting order from Australia, making them eligible to look after the child. They must also have child custody according to Australian or other countries’ laws. In case the child’s step-parent is presently the partner or a part of a de facto relationship with the child’s biological or adoptive parent, the child cannot be deemed a dependent.

  • Biological offspring:

Biological children can opt to apply for a visa by descent. This can be done if the child was conceived overseas or if one of the parents was an Australian citizen during birth.

b. Be sponsored

The child must have an eligible sponsor to secure their stay in Australia. This can be the parent, their spouse, or a de facto partner of the parent. This must be proved through the 40 CH Sponsorship Form.

c. Meet these age requirements

The dependant child can apply for this visa in 3 age categories:

  • Be below the age of 18
  • Be over the age of 18 and disabled where they have lost partial or full bodily function and are unable to work
  • Be over 18 but below 25 while being a full-time student, unable to work, and financially dependent on parents.

d. Not have any partner

Under no conditions can the child have a partner, be married, or be in a de facto relationship.
Once you’ve produced these documents, you must apply for the visa on paper, post, or by courier and send it to the Child and Other Processing Center in Perth.

2. Prepare the following measures after the application

You will be notified once the visa application is received. After that, it is necessary to prepare for the child’s travel, health examinations, and biometrics in certain cases. You must also inform us of any document errors as soon as possible.

3. Wait for the outcome

With the previous steps completed, you must wait for the outcome of the visa. If granted, you shall receive the grant number, the visa starting date, and the latest date the child should enter Australia.

Summing up

Applying for a child visa in Australia involves various steps and documents and can often be complicated to navigate. Contact the best child visa lawyer Perth to help make your child’s big journey as smooth and uncomplicated as possible.

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