Subclass 189 - GSM - Skilled Independent Visa in Australia

Q: Can the child apply for Subclass 101 when inside Australia?

On 27 February 2021, changes to the Migration Regulations 1994 came into effect. These allow the Department to grant a child a visa in Australia if: they are in Australia at any time during the COVID-19 concession period, and applied for the Child (subclass 101) visa before the end of the COVID-19 concession period; and they meet all visa criteria. The end date of the concession period is yet to be determined.

Subclass 101 – Child visa

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Subclass 101 – Child visa

Subclass 101: Child visa

The 101 visa allows a child who lives outside Australia to move permanently to the country to live with their parents.

With this visa, you can:

Migrate to Australia as a permanent resident
Sponsor another eligible family member
Apply for Medicare.
Apply for Citizenship, once eligible.

Subclass 101 - Child visa Eligibility

To be eligible for a Subclass 101 - Child visa, you must:

Be dependent on their parents

The child must be dependent on the parent who is either an Australian citizen, permanent resident or an Eligible New Zealand citizen

The child can be a:

biological child
adopted child
stepchild (only from a former partner)

ADOPTED CHILDREN

To be eligible for this visa, an adopted child must have been adopted before they turned 18 by a parent who was not an Australian citizen, permanent visa holder or eligible New Zealand citizen at the time of adoption.

A child adopted before they turned 18 by a parent who was already an Australian citizen, permanent visa holder or eligible New Zealand citizen at the time of adoption might be eligible for an Adoption visa (subclass 102).

STEP CHILDREN

To be eligible for this visa, a stepchild must:

be the child of their step-parent’s former partner
be aged under 18.

The step-parent must also have either:

an Australian parenting order in force that says the child is to live with them and be looked after by them, or
guardianship or custody of the child under an Australian law or the law of another country

Have a sponsor

The child should be sponsored by an eligible parent or their parent’s spouse or de facto partner.

Meet the age requirement

The child must either be:

under 18 years old, or
over 18 and under 25 years and studying full time, and financially dependent on the parent or
over 18 years with a disability

If the child is over 18 and under 25 years and studying full time

If the child is over 18 and under 25 years old they:

must be a full-time student when they apply and when the visa application is decided
can’t work full time
must be financially dependent on their parent more than any other person

The child is a full-time student if they are:

enrolled in a full-time course that leads to a professional, trade or vocational qualification
attending classes

The child should have started study since turning 18 years of age or within 6 months (or a reasonable time) of finishing school. Any gaps of more than 6 months between their final year of school and the start of their further studies must be explained.

If the child is over 18 years with a disability

If the child is 18 years or older with a disability, they:

must have totally or partially lost their bodily or mental functions
can’t work full time

Should be outside Australia

The child must be outside Australia when the application is made.

Should not have a partner

The child should not have:

married or engaged to be married
in a de facto relationship

Hold a consent to migrate to Australia

This visa is granted to a child younger than 18 years if either:

the child has the written consent of everyone who can legally decide where they live, or
the laws of the child’s home country allow them to leave their home country, or
it is consistent with any Australian Child order about the child

Meet the Department's health/character requirements.

You and family members aged 16 years and over who apply for the visa with you must meet the Department’s health and character requirements.

Should be in the best interest of the child

This visa may not granted if it is not in the best interests of an applicant under 18.

Steps to apply for a Child Visa

Check if the child has a valid passport

Gather the required documents

Apply for visa

Liaise with the Department

Wait for the visa outcome

Check if the child has a valid passport

Gather the required documents

Apply for visa

Liaise with the Department

Wait for the visa outcome

Summary of cost estimates for your application

We have summarised a cost estimate for a Subclass 101 - Child visa application as below.

Something else ?

FAQ

We are happy to answer
any queries you may have

What is the difference between Subclass 101 and Subclass 802?

The child should be outside the country to apply for a Subclass 101 visa while the child should be inside the country to apply for Subclass 802 visa.

What is citizenship by descent?

The child may choose to apply for Australian Citizenship by Descent instead of a visa to travel to Australia, if:

the child was born outside Australia
one of their parents was an Australian citizen at the time of their child’s birth.

Can the child over 18 years have a gap in their studies?

Can the child apply for Subclass 101 when inside Australia?

On 27 February 2021, changes to the Migration Regulations 1994 came into effect. These allow the Department to grant a child a visa in Australia if:

they are in Australia at any time during the COVID-19 concession period, and
applied for the Child (subclass 101) visa before the end of the COVID-19 concession period; and
they meet all visa criteria.

The end date of the concession period is yet to be determined.

How long can the child stay in Australia with this visa?

This is a permanent visa. It lets you stay in Australia indefinitely. The visa has a travel component that expires 5 years after the date of visa grant.

When does the visa travel validity expire?

After 5 years, you will need a Resident Return (RRV) visa (subclass 155 or 157) to re-enter Australia as a permanent resident.

Melbourne-based migration agency (MARN: 0004935, 0322956, 0100058) with over 25 years of experience across a wide range of Australian migration matters.