Offshore Child Visa to Australia, Subclass 101 Guide, Answers

Australia offshore child visa sublcass 101Offshore Child Visa to Australia, Subclass 101 is for children from overseas who are the child or stepchild of an Australian citizen or Australian permanent resident or eligible New Zealand citizen. The child must be outside of Australia both at the time of lodging and approval of the subclass 101 visa application. Children born in Australia with one parent as Australian citizen or permanent resident are automatically granted the Australian citizenship and thus do not require any visa to enter the country. However, children born outside Australia will need a visa if neither of the parents is an Australian citizen.

1. Eligibility:

In order to be eligible to apply for Australian offshore child visa subclass 101, you must be single and younger than 18 years of age and have been sponsored by your parent.If you are between 18 and 25 years then you must be studying full time at an educational institution. Disabled children who are 18 years or older and dependent on sponsoring parent can also apply for subclass 101 visa.

Step child of a step-parent who is no longer the partner of the child’s parent but has a legal responsibility to care for the child is also eligible for subclass 101 visa.

2. Entitlements:

You as a subclass 101 visa holder are entitled to:

  • Travel to and stay in Australia indefinitely
  • Work and study in Australia
  • Enroll in Medicare, Australia’s scheme for health-related care and expenses
  • Apply for Australian citizenship (if eligible)
  • Sponsor eligible relatives for permanent residence
  • Travel to and from Australia for five years from the date the visa is granted – after that time you will need another visa to enter Australia.

3. Gather Documents:

You as the applicant and your sponsoring parent must provide the following completed application forms and supporting documents along with processing fee.

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i. The Child being Sponsored:

  • Form 47CH Application for migration to Australia by a child
  • Form 40CH Sponsorship for a child to migrate to Australia.
  • Original Police clearance certificate for everyone included in the visa application who is 16 years of age or older.
  • Two recent passport-sized photographs (45 mm x 35 mm) of the child (four photos if health examinations have not been completed) with a plan background.
  • Certified copy of the child’s birth registration showing both parents’ names.
  • If the child’s name has changed or the name of anyone included in the child’s application has changed: a certified copy of evidence of the name change.
  • If the child is a step child of the sponsor, documents to show all of the following:
    • the child’s parent is the former partner of the sponsoring step-parent
    • the child’s biological or adoptive parentage
    • the step parent (sponsor) has legal parental responsibility for the child
    • the child is younger than 18 years of age.
  • If the child is enrolled as a full-time student: evidence of their enrolment and active participation in a post-secondary course of study and financial dependence on sponsor such as bank statements must be provided.
  • If the child is claiming to have a disability: evidence from a qualified medical practitioner that the child has total or partial loss of bodily or mental functions and this stops them from working must be submitted with the application

ii. The sponsor:

The sponsoring parent must submit the following documents to prove identity and evidence to meet the requirements of subclass 101 visa:

  • Birth certificate
  • An Australian passport or foreign passport containing evidence of permanent residence or Australian citizenship certificate
  • For New Zealand citizens, evidence of length of residence in Australia and of continuing links with Australia.
  • Evidence that the sponsor has the legal right to decide where the child is to live, such as:
    • certified copies of official legal documents, such as a court-issued custody, access or guardianship order
    • a statutory declaration from each person with a legal responsibility to the child stating that they have no objection to the child’s migration
    • Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years.

4. Arrange Health Examination:

You will be required to meet certain health requirements. The results are usually valid for 12 months. This also applies to any dependent family members included in your application, whether they are migrating or not.

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5. Pay Processing Charges:

The charges for Subclass 101 visa are $2730. The charges can change without notice, so always check with the Department of Australian immigration for the latest application charges.

6. Submit Application:

The completed application and documents can be submitted at any of the immigration offices outside of Australia which deals with the country of residence of the sponsored child. You can find the concerned immigration offices outside Australia and find out more about the country specific documents required to support your application as well as the payment method for the processing fee.

7. Visa Decision

If your subclass 101 visa application is approved, you will be informed about the visa grant number, any conditions attached and when you can use the visa to travel to Australia to reunite with your parents.

In case visa is denied, visa office will let you know the reasons and deadline to apply for the review of the decision if any.

 

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