5.1 Child Visas (Subclasses 101, 802, 102 Adoption) and Dependency Definitions
Key Takeaways
- Subclass 101 is the offshore Child visa, subclass 802 is the onshore Child visa, subclass 102 is the offshore Adoption visa, and subclass 445 is a temporary route for a dependent child connected with a provisional Partner-visa holder.
- For subclasses 101 and 802, an applicant who has turned 18 but not 25 ordinarily must remain a full-time student, not work full time, and be financially dependent; an applicant incapacitated for work follows a distinct limb without the student age ceiling.
- A Child-visa applicant cannot be or have been married, engaged to marry, or in a de facto relationship, and every age, dependency, location, sponsorship, health, character, and decision-time criterion must be checked separately.
- Subclass 102 ordinarily requires the child to be under 18 at adoption, application, and decision and outside Australia at application and decision; Hague or bilateral, central-authority, and expatriate-adoption pathways have different evidence.
- For a primary child applicant, PIC 4017 addresses lawful removal, consent, or an Australian child order and PIC 4018 addresses best interests; PIC 4015 and 4016 are the parallel criteria for an additional applicant.
5.1 Child Visas, Adoption, and Dependency
Child matters require several legal layers to be kept separate. A person may satisfy the regulation 1.03 definition of dependent child but fail a subclass-specific age, student, sponsorship, location, health, or public-interest criterion. Build a criterion sheet for the exact subclass and test both application-time and decision-time requirements.
Main pathways
| Subclass | Core function | Location control |
|---|---|---|
| 101 Child | Permanent visa for an eligible child sponsored by an eligible Australian parent or the parent’s spouse or de facto partner | Applicant ordinarily outside Australia at application and decision |
| 802 Child | Permanent onshore counterpart | Applicant ordinarily in Australia at application and decision |
| 102 Adoption | Permanent visa for a child adopted, or being adopted, through a qualifying intercountry or expatriate pathway | Child outside Australia at application and decision |
| 445 Dependent Child | Temporary visa connecting an eligible dependent child with a parent whose provisional Partner matter is still progressing | Apply the subclass 445 location and family criteria to the actual case |
A child born after a combined Partner application or omitted from an earlier application needs careful procedural analysis. A granted provisional Partner visa cannot simply be edited to add a child. Where subclass 445 is appropriate, the family must also take the required step to add the child to the permanent Partner stage before that stage is decided. Do not describe the subclass 445 visa as permanently “co-terminous” without checking the cessation provisions and the parent’s matter.
Child, dependency, age, and study
Regulation 1.03 defines a dependent child by relationship status and alternative age, financial-dependency, or incapacity limbs. Subclasses 101 and 802 add their own requirements. In practice, separate three cohorts:
- Under 18: prove the qualifying child or step-child relationship and all subclass criteria. Being a minor does not waive sponsorship, custody, health, or decision-time requirements.
- Turned 18 but not 25, student pathway: the applicant must satisfy the current full-time-study rule at the relevant times, must not work full time, and must be financially dependent on the parent within regulation 1.05A. The course must lead to a professional, trade, or vocational qualification. Study normally begins after turning 18 or within the permitted or reasonable interval after completing school; explain gaps with evidence rather than relying on a fixed policy shortcut.
- Turned 18 and incapacitated for work: establish total or partial loss of bodily or mental functions and the resulting incapacity for full-time work with appropriate evidence. This is distinct from the student pathway and is not subject to its under-25 ceiling.
The applicant cannot be or have been married, engaged to marry, or in a de facto relationship. Confirm this at both relevant visa events. For financial dependency, trace who actually supplies food, clothing, and shelter over the substantial period immediately before the relevant time. Bank transfers alone are incomplete: compare them with living costs, other income, employment, scholarships, and support from other people.
Step-child cases need particular care. The current Child-visa material limits the former-partner step-child route to a child under 18 where the Australian step-parent has parental responsibility. Obtain the relationship history and operative parenting, guardianship, or custody records rather than assuming a former marriage is enough.
Subclass 102 Adoption
The child generally must be under 18 when adopted, when applying, and at decision, and must remain outside Australia for application and decision. Identify the legal route before collecting evidence:
- an intercountry adoption or arrangement involving an Australian State or Territory central authority;
- a qualifying Hague Convention arrangement between countries other than Australia; or
- an expatriate adoption.
For an expatriate adoption, at least one adoptive parent must have resided outside Australia for more than 12 months immediately before the visa application. The evidence must also show the residence was not arranged to avoid Australia’s intercountry-adoption laws, the adoption complied with the home-country law, and the parent acquired full and permanent parental rights with the former legal ties ended as required. A foreign adoption order by itself does not guarantee subclass 102 eligibility. Check whether the child may instead have an Australian citizenship route after a qualifying Hague or bilateral adoption.
Removal, consent, and best interests
Use the correct Schedule 4 pair. For the primary applicant, PIC 4017 is satisfied if the Minister is satisfied of one of its alternatives: the home-country law permits removal, every person who can lawfully determine where the child lives consents, or grant is consistent with an Australian child order. PIC 4018 asks whether there is no compelling reason to believe grant would not be in the child’s best interests. PIC 4015 and 4016 express the parallel tests for an additional applicant.
This is not a formula requiring both home-country permission and consent in every case, and a foreign order is not a separately stated PIC 4017 limb. In a live matter, obtain current custody and parental-responsibility evidence, identify every person with decision-making authority, consider Form 1229 or equivalent written consent, and examine the effect of any Australian or foreign order under the applicable limb and law.
Sponsorship also has child-protection controls. Pending charges and convictions for registrable offences can affect sponsorship approval. Apply the current regulations and evidence to the sponsor and relevant partner; do not replace the statutory discretion with a categorical statement that every criminal history produces refusal.
File method
Create a table with one row for each application-time and decision-time criterion. Record the legal source, person to whom it applies, evidence, expiry or age date, unresolved conflict, and review date. Recheck age, student enrolment and attendance, work, financial support, relationship status, custody, sponsor status, health, and character immediately before decision.
A 22-year-old applies for a subclass 101 Child visa. Which combination best describes the ordinary adult-student pathway?
What is central to an expatriate-adoption subclass 102 case?
Which statement correctly assigns the primary child applicant’s Schedule 4 criteria?