As borders gradually reopen, PRs and citizens who gave birth overseas — or soon-to-be PRs still awaiting their visa grant — may be planning to bring their child back to Australia, sothe child’s entryvisa — how do you apply for it?
There are a few different scenarios
First, let’s work through a quick calculation
Children born in Australia:
PR + PR = Australian citizen PR + any other visa = Australian citizen PR + Australian citizen = Australian citizen (PR + any status — a child born in Australia will always be an Australian citizen)
Australian citizen + Chinese national (non-PR) = child may choose their own citizenship Australian citizen + Australian citizen = Australian citizen
Children born in China
PR + PR = Chinese citizen PR + Australian citizen = child may choose their own citizenship
If a child is born while parents are still awaiting their PR, the child’s visa status follows the parents’ visa type. Once the parents’ PR is granted and reported to the Department of Home Affairs, the child can also obtain PR along with the parents.
Subclass 101 Child (Outside Australia) visa
Subclass 101 Child (Outside Australia) visais for Australian citizens, permanent residents, or eligible New Zealand citizensto sponsor their biological children under 25 years of age living outside Australia,adopted children, or step-children, as a permanent visa allowing them to live in Australia.
This visa requires the child to be outside Australia both when the application is lodged and when it is granted.
This visa allows the holder to legally study and work in Australia, access Medicare and social welfare benefits, and travel to and from Australia freely during the visa period,apply for Australian citizenship once residency requirements are met,and enter New Zealand without a visa.
Requirements for the applicant (sponsored child)
May be the sponsor’s biological child, step-child, or adopted child; under 25 years of age,
if the applicant is under 18 years of age, they must be single(unmarried, not in a de facto relationship, and not engaged)
if the applicant is aged 18 to 24, they must be single(unmarried, not in a de facto relationship, and not engaged) and must be financially dependent or enrolled as a full-time student
Step-children:Under 18 years of age — may also apply for the Subclass 101 visa when the sponsoring step-parent has ended their relationship with the applicant’s biological parent, provided the step-parent still has a legal responsibility for the applicant.
Adopted children:The adoption must have taken place before the adoptive parents became Australian citizens, permanent residents, or eligible New Zealand citizens (if after, the adoptive parent must apply for a Subclass 102 visa instead). At the time of adoption, the child must have been under 18 years of age, single (unmarried, not in a de facto relationship, and not engaged), and must meet health requirements. At the time of application, the adoptive parents must be the applicant’s sponsors.
Requirements for the sponsor
– The sponsor must be the applicant’s biological parent, step-parent, or adoptive parent
– Must be an Australian citizen, permanent resident, or eligible New Zealand citizen, and must be of good character
– If the sponsored applicant is under 18 years of age, the sponsor must satisfy at least one of the following conditions:
The sponsor holds written consent from all of the applicant’s guardians authorising the applicant to leave their country of residence
The laws of the applicant’s country of residence permit the applicant to relocate overseas with the sponsor
Not in breach of any Australian Family Law court orders
Processing times and visa fees
Processing times (indicative only):
75% of applicants: 21 months. 90% of applicants: 30 months.
Visa application charge:
Primary applicant: AUD $2,710
Secondary applicant (18 years and over): AUD $1,355
Secondary applicant (under 18 years): AUD $680
(The above policies and fees are subject to the Department of Home Affairs’ latest information.)
For assistance or enquiries about your child’s visa to return to Australia
Contact us directly for more details!
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