Australian Migration Lawyers for Child Visa (Subclass 101 & 802)

Daniel Moya

Founder of Moya Migration Law

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Our Child Visa (Subclass 101 & 802) Services

Child Visa Eligibility & Pathway Assessment

We assess your child’s eligibility for a Subclass 101 (offshore) or 802 (onshore) visa, focusing on relationship, age, and dependency requirements.

Application & Documentation Guidance

Our lawyers guide you in preparing your Child Visa application, ensuring all identity, relationship, health, and character documents are complete.

Sponsorship & Application Lodgement

We assist sponsoring parents in meeting their obligations and manage the preparation and lodgement of the paper-based Child Visa application.

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We encourage a free 15-minute call to discuss your situation & map out a path to securing your Subclass 101 & 802 Child Visa.

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Which Child Visa Applies: Onshore or Offshore?

The Child Visa allows eligible children to live permanently in Australia with their Australian citizen, permanent resident, or eligible New Zealand citizen parent. Subclass 101 is for children applying from outside Australia, while Subclass 802 is for those already onshore.

Both pathways require the child to be a dependent and meet age criteria, often under 18, or up to 25 if a full-time student and financially reliant. Navigating the correct subclass and detailed eligibility for your child’s specific situation is a crucial first step where expert guidance can prevent errors.

Child Visa: Meeting Eligibility & Documentation

A Child Visa application demands substantial supporting documents, submitted by post, to prove the child’s relationship to the sponsoring parent, identity, and dependency (if over 18). Health and character checks are also mandatory.

Written consent from all individuals with legal custody is essential. Incomplete paper applications or missing information can lead to significant processing delays. Ensuring all criteria are meticulously met and evidence is correctly presented often benefits from professional assistance.

Why Choose Moya Migration Law for Your Child's Visa?

Applying for a Child Visa (Subclass 101 & 802) is a vital step to unite your family in Australia. Moya Migration Law offers experienced legal guidance, a compassionate client-focused approach, and meticulous preparation of your child’s visa application.

Decades of Experienced in Child Visa Applications

Our lawyers have a deep understanding of Child Visa (subclass 101 & 802) eligibility, documentation requirements, and the paper-based application process.

Client-Focused & Family-Oriented Support

We provide personalised, supportive guidance, understanding the importance of family unity and the unique needs of child visa applicants.

Meticulous Application & Evidence Preparation

We develop tailored strategies to build a robust Child Visa application, meticulously gathering all necessary evidence to meet Department criteria.

In-Depth Knowledge of Family Migration Law

Our profound understanding of the Migration Act and specific family visa provisions ensures your child’s application is expertly handled.

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15-Min Consultation

Our 5-Step Child Visa (Subclass 101 & 802) Application Process

Securing a Child Visa to unite your family in Australia requires careful preparation. Moya Migration Law provides a clear, structured process, offering expert guidance and supportive assistance at every stage to build a strong application.

1

Initial Consultation & Eligibility Assessment

Our process begins with a consultation to understand your family’s circumstances, assess your child’s eligibility for a Subclass 101 or 802 visa, and outline a tailored strategy.

2

Detailed Document & Evidence Gathering

We work closely with you and the sponsoring parent to meticulously gather all necessary identity, relationship, and dependency documents.

3

Comprehensive Application Preparation

Our experienced lawyers complete the paper-based Child Visa application forms and prepare detailed written submissions, ensuring all criteria are addressed.

4

Application Lodgement & Department Liaison

We manage the entire submission by post to the Department of Home Affairs, ensuring accuracy, completeness, and handle subsequent communications.

5

Ongoing Support & Outcome Guidance

We provide ongoing support throughout the processing period, respond to any Department requests, and guide you on the visa decision and next steps.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Family Migration Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally guides families through the Child Visa (Subclass 101 & 802) application process. With over two decades in Australian migration law since 2002, Daniel offers expert and compassionate assistance to unite children with their parents in Australia.

Daniel is committed to providing clear, plain-English advice and meticulously preparing your child’s visa application to achieve a successful outcome. He understands the profound importance of these family visas. Daniel also offers legal assistance in Spanish.

Frequently Asked Questions about Child Visas (Subclass 101 & 802)

What is a Child Visa (Subclass 101 & 802)?

These visas allow an eligible child to live permanently in Australia with their parent(s) who are Australian citizens, permanent residents, or eligible New Zealand citizens. Subclass 101 is for offshore applications, and 802 is for onshore.

Who can sponsor a Child Visa?

The child must be sponsored by their parent (or parent’s partner) who is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.

What is the age limit for a Child Visa applicant?

Generally, the child must be under 18. However, they may be eligible if aged 18-25 and a full-time student financially dependent on the parent, or over 18 with a disability preventing work.

Can stepchildren or adopted children apply?

Yes, eligible stepchildren and adopted children can apply, provided they meet specific criteria regarding the relationship with the sponsoring parent and, for adoptions, when the adoption occurred relative to the parent’s Australian status.

What is the difference between Subclass 101 and 802 Child Visas?

Subclass 101 is for children applying from outside Australia and they must be offshore when the visa is granted. Subclass 802 is for children applying from within Australia and they must be onshore for the grant.

Can parents apply on the child’s behalf?

Yes, applications for children under 18 are ordinarily completed by the child’s eligible sponsoring parent on their behalf.

What are the travel rights on a Child Visa?

Once granted, these are permanent visas allowing the child to travel in and out of Australia for five years. After this, a Resident Return Visa (RRV) may be needed to re-enter as a permanent resident.

What are the main documents required for a Child Visa?

Key documents include identity proof (passport, birth certificate), evidence of relationship to the sponsoring parent (e.g., adoption papers if applicable), and health and character documents.

How long does a Child Visa application take to process?

Processing times vary (e.g., 6 to 25+ months) and can be longer if applications are incomplete or paper-based. Submitting a complete, well-prepared application is crucial to avoid delays.

Our Services

Administrative Review Tribunal (ART) AppealsART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in AdelaideNotary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review)Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.