(i)Child Visa (Subclass 101):-
This visa allows a child to live with their parents within Australia, whose Parents migrate to Australia on a PR basis. With this visa, the child can move to Australia as a permanent resident, study, and access Medicare, and apply for Australian citizenship if required.
For this visa, the child must have a parent or step-parent who is an Australian citizen, a qualified New Zealand citizen, or a permanent Australian visa holder. The child must be under 18 years of age, a full-time student between 18 and 25 years of age and financially dependent on the parent, or over 18 years of age, and be unable to function due to a disability.
The child must be single or dependent on the parent or step-parent and when the application is made and they make a decision on the request must be from Australia. The child and any dependent must follow all Australian rules. If the child has siblings who also want to apply, send different applications for each sibling.
Who Can Sponsor for Child Visa (Subclass 101)?
In addition to other sponsorship-based visas, only a qualified parent may sponsor applicants. To be considered a qualified parent, they must be the child’s parent (or partner) or step-parent, be over 18 years of age, and be a settled Australian citizen, a permanent Australian resident, or an eligible New Zealand citizen.
The Department also allows step-parents to become a sponsor of the child who is no longer the parent of the child but has legal responsibility for the care of the child under 18. Furthermore, adoptive parents who adopted the child before they became an Australian citizen, a permanent resident of Australia, or a qualified citizen of New Zealand.
How Does Child Visa (Subclass 101) Work?
Key responsibilities relating to obtaining and using a Child visa :
-> Sponsor (parent):- Sponsors the child and any of the child’s family members also included in the application and who are migrating with the child. If a Child visa is granted, the sponsor must provide support for the child, including accommodation and financial assistance required to meet the child’s reasonable needs during their first two years in Australia.
-> Applicant (child):- Lodge a complete application including all application forms, supporting documentation, and application fees.Note: Usually the sponsor does this on behalf of the child.
Who Apply for This Visa?
-> This visa is intended for a child under the age of 25 who wants to move to Australia.
What are the Benefits of This Visa?
This visa allows the visa holder to:
-> Visa holder can Live permanently in Australia
-> Travel to and from anytime from Australia for the next five years from the date of visa granted.
Requirement for Applicant Eligibility?
The applicant must be their sponsor’s child or stepchild, who must either be an Australian citizen, an Australian permanent visa holder, or a qualified citizen of New Zealand.
A) Step Child
A stepchild can only be included in the class Child Visa if the stepchild is under the age of 18 and the sponsoring step-parent is no longer the parent of the child but has a legal responsibility to care for the child.
B) Adopted children
Adopted children applied outside Australia must have been adopted prior to becoming an Australian citizen, an Australian permanent visa holder, or a qualified New Zealand citizen.
If the baby is adopted after becoming an Australian citizen, an Australian permanent visa holder, or a qualified New Zealand citizen, they must apply for the’ Adoption’ visa.
The child has to rely on its sponsor. It is known that a child under the age of 18 is dependent. If a child who is 18 must be considered dependent, then in either of the following circumstances they must rely more on their sponsor than on any other individual or source of financial support:
A) To order to meet their basic needs for food, shelter, and clothes, they must have relied on this support for a substantial period of time (usually 12 months)
B) Due to an impairment that prohibits them from working to support themselves. Note: Impairment means that the child has a complete or partial loss of physical or mental function and is unable to work because of it.
While applying for a visa, the baby must be under 25 years of age. If the child is 18, they also have to be a full-time student and financially dependent on their sponsoring family.
A) Be validly enrolled and actively involved in a full-time post-secondary program leading to technical, academic, or vocational qualifications.
B) This course has been completed since the age of 18 or has started training within six months or a reasonable period of completion of secondary education.
C) Not in full-time work.
-> Sponsorship limitation:-
If the applicant is 18 years of age, the sponsorship can not be approved (except in very limited circumstances) if the sponsor’s sponsor or wife or de facto partner has a conviction or an outstanding penalty for a child offense. The applicant will also have to fulfill the condition that there is no fair reason to believe that the visa request is not in the best interests of the applicant.
Sponsors of children under the age of 18 or their spouse or de facto partner are required to submit an AFP National Police Check and/or foreign police certificate / s, depending on their circumstances, to determine the sponsorship application and the best interests of the child requirement.
-> Australian Values Statement:-
If you are 18 years of age or older, you should sign a statement of Australian principles. The statement is included in the application form for a visa and must be signed by all applicants aged 18 years and over. This is required to confirm the Australian way of life will be upheld and Australian laws obeyed.
Conditions And Obligations For Child Visa (Subclass 101):
If this visa is granted, the following requirements must be met.
A. Applicant obligations
The child must comply with all Australian laws and any conditions imposed on their visa.
Example: The applicant must not marry before arriving in Australia.
B. Sponsor obligations
As the sponsor, the parent must sign a sponsorship undertaking. On signing this undertaking, the parent must:
-> Be responsible for all financial obligations to the Australian Government that the child might incur while they are in Australia
-> Ensure that adequate accommodation and financial assistance is available as required to meet the child’s reasonable living needs. This assistance would cover the child’s first two years in Australia
-> Provide information and advice to help the child settle in Australia.
-> Provide support as required to enable them to attend any required English language classes.
-> Advise the department in writing if their circumstances change in a way that may affect the child’s eligibility for a Child visa, or the sponsor’s eligibility to sponsor the child.