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Child Visa Onshore

Child Visa Onshore

The Child Onshore Visa (Subclass 802) provides a pathway for children of Australian citizens, permanent residents, or eligible New Zealand citizens to remain in Australia permanently. This visa is for children who are currently in Australia, allowing them to stay with their sponsoring parent indefinitely and enjoy the benefits of Australian residency.

Key Features of the Child Visa Onshore (Subclass 802)

✔️ Permanent Residency: Enables the child to stay in Australia indefinitely.

✔️ Full Access to Education and Healthcare: Allows the child to access Medicare and public schooling.

✔️ Multiple Entry Travel: The child can travel to and from Australia for up to 5 years.

✔️ Pathway to Citizenship: Provides an eventual path to Australian citizenship after meeting residency requirements.

Eligibility Criteria for the Child Visa Onshore (Subclass 802)

To qualify for the Child Onshore Visa, the child and the sponsoring parent must meet specific requirements:

1. Be the Parent’s Dependent Child

The child must be the biological child, adopted child, or step-child of the sponsor.

Stepchildren must have the sponsor as their legal guardian under Australian law.

2. Adopted Children

The visa is available to adopted children, provided the adoption process complies with Australian immigration and adoption laws.

3. Have a Sponsor

The sponsoring parent must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

Child Visa Onshore Age Requirements

To be eligible, the child must meet one of the following age conditions:

✔️ Under 18 years: The child is automatically eligible as a minor.

✔️ Between 18 and 25 years and studying full-time: The child must be financially dependent on the sponsoring parent and enrolled in full-time education.

✔️ Over 18 years with a disability: If over 18, the child must be dependent on the sponsor due to a physical or mental disability and unable to work.

Additional Requirements for the Child

✔️ No Partner: The child must not be married, engaged, or in a de facto relationship.

✔️ Health Requirements: The child must meet the standard Australian health requirements.

✔️ Character Requirements: If over 16, the child may need to provide a police clearance.

✔️ Debt to the Australian Government: The child must have no outstanding debt or have arranged repayment if any debt exists.

✔️ Australian Values Statement: Children over 18 must sign this statement to affirm their commitment to Australian values.

✔️ Visa Cancellations or Refusals: The child must not have had a previous visa canceled or application refused.

Costs Associated with the Child Visa Onshore (Subclass 802)

✔️ Application Fee: The cost of the visa varies and additional charges may apply for health checks, biometrics, and police certificates.

✔️ Additional Expenses: There may be extra fees for medical exams, document translations, and other application requirements.

Processing Times for the Child Visa Onshore

Processing times for the Child Visa (Subclass 802) can vary depending on individual factors, such as the completeness of the application and the child’s country of origin. It’s advisable to check the latest processing times directly with the Department of Home Affairs.

What This Visa Allows the Child to Do

With the Child Onshore Visa (Subclass 802), the child is entitled to:

✔️ Permanent residency: Indefinitely reside in Australia.

✔️ Study and work: Access full work and study rights.

✔️ Public healthcare: Receive Medicare benefits.

✔️ Multiple entries: Travel to and from Australia for up to 5 years.

Child Visa Onshore Length of Stay

The Child Onshore Visa is a permanent visa that allows the child to remain in Australia indefinitely. However, the child will need to renew their travel facility every five years if they wish to travel outside Australia and return as a permanent resident.

Sponsorship Requirements and Obligations

The Sponsoring Parent

✔️ Eligibility to Sponsor: Only Australian citizens, permanent residents, or eligible New Zealand citizens can sponsor the child.

✔️ Financial Responsibility: The sponsor must be willing and able to financially support the child in Australia.

Sponsorship Limitations

Sponsors may face restrictions on the number of family members they can sponsor, especially if they have previously sponsored other family members. Sponsorship commitments typically remain for two years following the visa grant date.

Traveling on the Child Visa Onshore

The Child Onshore Visa (Subclass 802) includes a 5-year travel facility, allowing the child to leave and re-enter Australia as needed. After five years, the child may need to apply for a Resident Return Visa (RRV) if they wish to continue traveling in and out of Australia while retaining permanent residency status.

Obligations of the Child

Once granted the Child Onshore Visa (Subclass 802), the child must:

✔️ Abide by Australian laws.

✔️ Fulfill any additional requirements outlined by the Department of Home Affairs.

✔️ Engage in work or educational activities as appropriate for their age and circumstances.

Applying for the Child Visa Onshore (Subclass 802)

1. Gather Documentation

Prepare essential documents such as birth certificates, proof of relationship, and any legal documents for step-parent relationships.

2. Complete the Application Form

Ensure that all sections are filled out correctly, with supporting documents attached where required.

3. Health and Character Checks

Provide any required health assessments and police certificates if the child is over 16.

4. Pay Any Debts to the Australian Government

The child must settle any outstanding debts or arrange to repay them before applying for the visa.

Checklist for the Child Visa Onshore Application

✔️ Proof of parental relationship.

✔️ Evidence of financial dependency (for children over 18).

✔️ Health and character clearances.

✔️ Sponsor’s citizenship or permanent residency proof.

✔️ Assurance of Support (if required).

Best Interests of the Child

Australian law requires that any visa decisions for minors prioritize the best interests of the child, including their physical, mental, and emotional well-being. The visa application should reflect the positive impact of Australian residency on the child’s future.

The Child Onshore Visa (Subclass 802) is designed to help reunite families permanently within Australia. By meeting the eligibility and sponsorship requirements and ensuring that both the child and sponsoring parent fulfill their obligations, families can secure a stable and supportive future in Australia.

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