Do you know the difference between the subclass 101 child visa and the subclass 802 child visa?
A subclass Child Visa 101 and Child Visa 802 allow children from non-English speaking countries to live in Australia with their parents or guardians. The two visas are different in their requirements, the visa holder’s age, and the visa holder’s relationship to their sponsor (or parent).
A Child Visa Subclass 101 requires the visa holder to be under 18 years of age at the time of application and allows them to apply for Australian citizenship after four years of holding the visa.
Major Differences between Subclass 101 and 802
1. Subclass 101 is for children outside of Australia, while subclass 802 is for children already in Australia.
2. Subclass 101 allows children to live, study, and work in Australia indefinitely. Subclass 802 only allows children to live in Australia until they turn 18.
3. Subclass 101 requires that the child have a parent or guardian who is an Australian citizen, permanent resident, or eligible citizen. Subclass 802 does not require this condition.
4. Subclass 101 can be applied from inside or outside Australia and does not require parental consent if the applicant is at least 16 years old.
5. There are different requirements for applying for Child Visa 802, which must be applied from inside Australia by parents with legal guardianship over their child and parental consent given before age 16.
Subclass 801: sponsored by a parent or grandparent
The subclass 801 visa is for children sponsored by a parent or grandparent. This visa lets the child live, study and work in Australia indefinitely. The child must be under 18 years of age, single, and have no dependent children.
They must not be a spouse of an Australian citizen, an Australian permanent resident, or an eligible citizen. They cannot already hold another type of Australian visa.
The application process includes documents such as birth certificate, marriage certificate (if applicable), custody papers (if applicable), and evidence that their sponsor can support them financially.
Subclass 802: sponsored by an Aged Parent
The subclass 802 visa is for children sponsored by an aged parent. This parent must be an Australian citizen, permanent resident, or eligible New Zealand citizen. The child must be under 25 years old, single, and have no dependent children of their own. They must also meet all health and character requirements.
For this visa to be granted, the sponsor must have a close familial relationship. It needs to be assessed that without sponsorship, it would not reasonably be expected that the child could adequately maintain themselves financially or emotionally as they continue to reside in Australia indefinitely.
Who Can Apply For These Child Visas?
Subclass 101 is for unmarried children under 18 years of age. They must be sponsored by a parent or guardian who is an Australian citizen, permanent resident, or eligible citizen.
Child Visa 802 is for married or unmarried children over 18 years of age. They must be sponsored by a parent or guardian who is an Australian citizen, permanent resident, or eligible citizen.
The holder of a subclass 802 visa may sponsor their own child. In contrast, holders of a subclass Child Visa 101 cannot sponsor their own child (unless they are also Australian citizens).