Child Offshore Visa 101

101 Visa Australia

This Visa is a permanent Visa that allows a child to travel to and remain in Australia, with their parent who is also their sponsor. The parent must be an Australian citizen, permanent resident or an eligible New Zealand citizen.

You will find information below about the Child Offshore Visa 101. If you need assistance or guidance, simply get in touch and request a consultation.
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Child Offshore Visa Australia

This Visa is a permanent Visa that allows a child to travel to and remain in Australia, with their parent who is also their sponsor. The parent must be an Australian citizen, permanent resident or an eligible New Zealand citizen.

The parent acts as a sponsor for the child and can lodge the Visa application on behalf of the child.

Who Is This Visa For?

This Visa is for a child under 25 years of age who wants to migrate to Australia.

What Does The 101 Visa Let The Visa Holder Do?

This Visa allows the Visa holder to:

  • live permanently in Australia
  • travel to and from Australia for five years from the date the Visa is granted.

The Visa includes five streams:

  • Business Innovation stream: for people with business skills who want to establish, develop and manage a new or existing business in Australia. Applicants must be nominated by a state or territory government.
  • Investor stream: for people who want to make a designated investment of at least AUD 1.5 million in an Australian state or territory and maintain business and investment activity in Australia. Applicants must be nominated by a state or territory government.
  • Significant Investor stream: for people who are willing to invest at least AUD 5 million into complying significant investments in Australia and want to maintain business and investment activity in Australia. Applicants can be nominated by a state or territory government or Austrade on behalf of the Australian government.
  • Premium Investor stream: for people who are willing to invest at least AUD 15 million into complying premium investments in Australia and want to maintain business and investment activity in Australia. Austrade will make the initial contact with suitable candidates for nomination on behalf of the Australian government.
  • Entrepreneur stream: for people who have a funding agreement from a third party for at least AUD 200 000 to undertake a complying entrepreneur activity that is proposed to lead to either the commercialisation of a product or service in Australia or the development of a business in Australia. Applicants must be nominated by a state or territory government.

This Visa allows you to:

  • establish a new business or develop an existing business in Australia (the Business Innovation stream)
  • make a designated investment with an Australian state or territory government (the Investor stream)
  • invest at least AUD $5 million in Australia (the Significant Investor stream).

Responsibilities

Key responsibilities relating to obtaining and using a Child Visa are summarized in the table below.

PersonResponsibility
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.

 

Application Forms

Active Migration Australia will assess each application individually and provide extensive checklists consisting of instructions to help you successfully complete the forms required.

How To Lodge Your 101 Visa Application

For this Visa the child must be outside Australia at the time the application is lodged and at the time the Visa is granted.

Applicant Eligibility

Sponsorship

The applicant must be the child or stepchild of their sponsor, who must be either an Australian citizen, the holder of an Australian permanent Visa, or an eligible New Zealand citizen.

Stepchildren

A stepchild can only be included in the Child Visa category if the stepchild is under 18 years of age and the sponsoring step-parent is no longer the partner of the child’s parent but has a legal responsibility to care for the child.

Adopted Children

Adopted children applying outside Australia must have been adopted before their parent became an Australian citizen, the holder of an Australian permanent Visa, or an eligible New Zealand citizen.

If the child was adopted after the sponsoring parent became an Australian citizen, the holder of an Australian permanent Visa, or an eligible New Zealand citizen, they should apply in the ‘Adoption’ Visa category.

Dependency

The child must be dependent on their sponsor. A child under 18 years of age is considered to be dependent. If a child who has turned 18 years of age has to be considered dependent, then they must rely more on their sponsor than on any other person or source of financial support in either one of the circumstances below:

  • to meet their basic needs of food, shelter and clothing, and they must have relied on this support for a substantial period (usually 12 months)
  • because of a disability that prevents them working to support themselves.

Note: Disability means that the child has total or partial loss of their bodily or mental functions, and they are unable to work because of it.

Age

The child must be under 25 years of age when the Visa application is lodged. If the child has turned 18 years of age, they must also be a full-time student and financially dependent on their sponsoring parent.

To be considered a full-time student, the child must:

  • be validly enrolled, and actively participating, in a full-time post-secondary course of study leading to a professional, trade or vocational qualification
  • have been undertaking that course since turning 18 years of age, or have commenced studies within six months or a reasonable period of completing secondary education
  • not be in full-time employment.

Note: The only exception to this age limit and full time student requirement is where the child has a disability that stops them from working.

Relationship Status

The child must be single. They must not be married, in a de-facto relationship or engaged to be married.

Note: If the child has turned 18 years of age, the child must not only be single, but they must never have been married nor had a de facto partner.

Health Requirements

The child must meet health requirements.

Character Requirements

Applicants who have turned 16 years of age must be of good character to enter or remain in Australia.

Sponsorship Limitation And Best Interests Of The Child

If the applicant is 18 years of age, the sponsorship cannot be approved (except in very limited circumstances) where the sponsor or the sponsor’s spouse or de facto partner has a conviction or an outstanding charge for an offence against a child. The applicant will also need to satisfy the requirement that there is no compelling reason to believe that the grant of the Visa would not be in the best interests of the applicant.

In order to assess the sponsorship application and the best interests of the child requirement, sponsors of children under 18 years of age, and their spouse or de facto partner, are required to submit an AFP National Police Check and/or foreign police certificate/s, depending on the their circumstances.

Reliance On Social Security

If the applicant, or their sponsor, is likely to become a high user of Australia’s social security system, an Assurance of Support (AoS) from an Australian citizen or Australian permanent resident may be required. If required, the department will advise how an Assurance of Support can be obtained.

Australian Values Statement

If you are aged 18 years or over, you are required to sign an Australian values statement. The statement is included in your Visa application form and all applicants aged 18 years and over will need to sign on it. This is required to confirm that they will respect the Australian way of life and obey Australian laws. Before signing this statement you are required to read, or you might have been explained about the book ‘Life in Australia book’.

The Life in Australia book provides more information on the values that Australians share and their way of life.

Sponsor Eligibility

Sponsors must meet the following requirements to be eligible to sponsor an applicant for this Visa.

ELIGIBILITY CRITERIA

Sponsors must be one of the following:

  • an Australian citizen
  • the holder of an Australian permanent Visa
  • an eligible New Zealand citizen

Note: A sponsor who is an eligible New Zealand citizen must also meet health and character requirements.

A sponsor must also:

  • be the parent or step-parent to the child
  • be 18 years of age or over

Note: If the sponsor is under 18 years of age, their cohabitating partner may act as sponsor if they have turned 18 years of age and are one of the following:

  • an Australian citizen
  • the holder of an Australian permanent Visa
  • an eligible New Zealand citizen

Custody Of Children Under 18 Years Of Age

Sponsors must satisfy one of the following custody requirements when applying to sponsor children less than 18 years of age:

  • they must have the sole legal right to determine where the child shall live, or to remove the child from their home country
  • if another person can legally determine where the child can live, the sponsor must obtain a statutory declaration from this person or people, granting permission for the child to migrate
  • they must possess a valid court order allowing them to permanently remove the child from the child’s home country
  • they must have a court order issued by the Family Court of Australia, and the grant of the Visa must be consistent with that order

Sponsorship Limitation And Best Interests Of The Child

If the applicant is under 18 years of age, the sponsorship cannot be approved (except in very limited circumstances). Even when the sponsor or the sponsor’s spouse or de facto partner (if they have one) has a conviction or an outstanding charge for an offence against a child the sponsorship may not be approved. The applicant will also need to satisfy the requirement that there is no compelling reason to believe that the grant of the Visa would not be in the best interests of the applicant.

In order to assess the sponsorship application and the best interests of the child requirement, sponsors of children under 18 years of age, and 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. If the sponsor, or their partner, has spent a total of 12 months or more in Australia since turning 16 years of age, that person must provide an AFP National Police Check. They must also provide police certificates from each country in which they have spent a total of 12 months or more in the last 10 years since turning 16 years of age.

If this Visa is granted, the following requirements must be met.

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.

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.

Need Clear & Professional Guidance From A Registered Migration Agent?

Here at Active Migration we are here to help you with all your Child Offshore Visa 101 needs. Our team of migration agents can provide you with advice and guidance so you can put forth the best application possible for any Visa you are going for.
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