I want to bring my child to Australia: Applying for a Child Visa

If you are an Australian citizen or permanent resident, you can sponsor your child or children who live overseas to migrate permanently to Australia under a child visa.

The circumstances which may result in parents and their children being separated generally involve complex personal, socio-economic or political factors. Importantly, an application for a child visa can also prepared and lodged while a child is in Australia visiting a parent. We have helped many parents reunite with their children. There is a profound sense of satisfaction being able to bring a family together

The general eligibility requirements for a Child Visa include:

• the child must under 18 years of age; or

• if aged between 18-24 the child must be a full-time student and dependent; or

• if aged over 18, it must be demonstrated that the child is dependent on their parent because of a disability that prevents them from working

In addition to these requirements your child must not:

• be married, engaged or ever had a spouse/de facto partner

• be in full-time work

• be enrolled in full-time study (leading to an award of a professional, trade or vocational qualification that was commenced within 6 months of finishing school or within a reasonable period).

What about if I am not the biological parent?

This is not an uncommon situation. In this type of cases we would require from our clients detailed information that explains how the child came to be in a ‘parent-child relationship’ with the sponsoring parent. In the absence of documents demonstrating ‘legal adoption’, a sponsor would be required to show that he or she has ‘culturally adopted’ the child. While cultural adoption is recognised under migration law, it is necessary to properly support such a claim through a well drafted application that includes all relevant documentation and legal submissions addressing the child’s eligibility for the visa.

Orphan Relative Visa

Another option may be an Orphan Relative visa. This is a visa type that also falls under the Child Class of visas. An Orphan relative visa has its own set of requirements, which include:

• the application must be lodged before the child turns 18 years old

• the child does not have a spouse/de facto

• their parent/s are either dead, permanently incapacitated, or of unknown whereabouts for a period of 7 years;

• they are sponsored by an Australian relative (permanent resident or Australian citizen)

We emphasise to our clients that if they are intending to sponsor an orphan child they must be prepared for close scrutiny of their application by the Department of Home Affairs. The orphan relative visa system has a high percentage of fraudulent applications, so it is critical to engage a reputable and experienced migration lawyer to help you navigate the visa application process.

If you have adopted a child or are thinking of doing so, we can provide you with expert assistance to obtain an adoption visa for your child.

We have helped many parents reunite with their children. There is a profound sense of satisfaction being able to bring a family together

Please do not hesitate to contact us via email on info@cifuenteslaw.com.au or call 0477 269 867 to arrange an initial 30 minutes free consultation.