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What visas are available to Children?
You would think the answer to this question would be straightforward – the Child Visa! But actually, it’s a little more complicated. This is because there are also the Dependent Child Visa and possibly even a Subsequent Entrant visa that is more appropriate.
So which visa do I apply for?
To determine which visa is the best to apply for, there are a number of questions that need to be asked first:
Age and Dependency
As a parent, and by nature of the family tree – a child is a person who is connected to their parent and will remain this way for all time. But by law, there is an age when a child becomes an adult and has their own identity as such. In Australia it is generally recognized that a child has changed their status to an adult at the age of 18 years. It is at this age that the person is now permitted to hold a full drivers license, drink alcohol legally and vote in elections.
For the purposes of a Child Visa – most applicants will be under the age of 18 years. However, for many 18 year olds, they may not be completely independent from their parents as yet. This is especially true for a child who has continued studying beyond the age of 18 years; seeking further education at trade school or university. They have not entered the workforce as full-time workers and are still dependent on their parents to provide many things for them. Most notably the essentials such as their living arrangements, transport, clothing and meals. The visa criteria does accommodate for this scenario and allows for this category of child to still be eligible to apply for the visa until they are 25 years of age. What about the child who is dependent on their parent for other reasons - not because of being a student?
It is understandable that not all children leave the nest to create their own lives after their studies are complete. This is where the reason for the child’s dependency on their parent is taken into consideration also. The visa criteria also allows for the child that is dependent on their parent due to an ongoing disability. In this case the age and schooling criteria are no longer factored.
The Parents’ Visa or Citizenship StatuS
Not all migration pathways are straight-forward where the family applies for the visa all at the same time. There are times when a parent will lodge for their own visa process without including their child. This could be because there are legal issues still being considered about custody of the child; the child-parent relationship was unknown until later in life; or initially the parent was the only person travelling to Australia temporarily and now wants to be joined by their other family members.
The visa or citizenship status of the parent and at which processing stage will determine which Visa is most suitable. ChildREN VISA OPTIONS1. Child Visa
This is a Permanent Residency visa for a Child that can be applied for within Australia or from overseas. The sponsoring parent must be an Australian citizen, permanent resident or eligible New Zealander.
Why wouldn’t a child who has an Australian parent or Permanent Resident parent be deemed Australian automatically? An example where this is not the case is when a child is born outside of Australia whilst their parent was holding a permanent resident visa. A child can only claim Australian Citizenship by Descent if their parent was an Australia citizen at the time of their birth overseas; or in reverse where a child can only obtain Australian citizenship by birth to permanent resident parents is if they were born in Australia. Other reasons could be that there is no biological connection between the parent and the child such as a step-child or through adoption. 2. Dependent Child Visa
This visa is applied for a child who was not initially included on their parent’s Partner Visa application. The parent will need to have been granted their first stage temporary Partner Visa before they can apply for this child visa. The purpose of this visa is to have the child join their parent in Australia and be added on to the Partner Visa for the second stage permanent residency.
The sponsor to the child will be the same person who sponsored for the Partner Visa, not their actual parent. The child will still need to be under 18 years of age; or if over 18 years of age they will need to show their financial dependency on their actual parent (not the sponsor); or their level of disability. 3. Subsequent Entrant Visa
This visa does not have a specific subclass like those mentioned above. They are reliant on which temporary visa the parent is holding.
Common subsequent entry visas are for the Student Visa; the TSS 482 work sponsored visa and regional 2 stage PR visas such as Regional Employer Sponsor Visa and the Skilled Work Regional visa. Basically, most visas that are temporary will allow for family members to be added afterwards, however the threshold for the age and dependency of the child on their parent will vary.
If you find that your family is separated, it is highly recommended you have a consultation with a registered migration agent to determine your best migration pathway to reuniting you with your children.
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AuthorAs the principal Registered Migration Agent for Great Australian Migration, Emily Surina (MARN 2318036) wants to empower people to make their own migration journey's easier. Hopefully reading this blog will help you feel more in control and with the right support, make your Great Australian Migration a reality! Archives
October 2024
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