Child Visa Subclass 101–Eligibility Criteria, Sponsorship duties & More

July 6, 2023    Immigrationlawyers
Child Visa Subclass 101–Eligibility Criteria, Sponsorship duties & More

Psychologists and child growth experts always put pressure on the cohabitation of parents and children, as it’s proven beneficial for their physical and mental growth. Still, in some cases, parents are compelled to leave their children in one nation and come to another because of war, invasion, job requirements, etc.

However, in Australia, a parent can bring their youngsters to the country and stay with them indefinitely. This permission is called visa subclass 101, which allows parents who couldn’t see their kids to reside with them now. It is beneficial for both the parents and the kids.

Read Also – All You Need To Know About Medical Treatment Visa

Migrating a child is complex but possible. The applicant has to ensure that their claim will be accepted on the first try, as a rejection creates a negative review for later tries. It is possible to bring your children to the country legally in many ways, some of which are listed below:

  • Child Visa (Subclass 801)- Onshore.
  • Adoption Visa (Subclass 102).
  • Orphan Relative Visa (Subclass 117)-Offshore.
  • Child Visa (Subclass 101)- offshore.
  • Dependent Child Visa (Subclass 445).
  • New Zealand Citizen Family Relationship (Temporary) Visa (Subclass 461).

These permissions have an intrinsic list of conditions and regulations essential for the applicant to comply with and present proper evidence. Therefore, engaging the services of the most skilled and dependable child visa lawyer in Perth is worthwhile.

Child Visa Subclass 101 Conditions

As for the subclass 101 visa, you have to ensure that the following conditions are followed in full to ensure a successful application:

  • The visa is available for children below 18 years who wish to live with their parents in Australia. It is a permanent visa for the child who gets sponsorship from their parents.
  • The visa allows the children to live in Australia indefinitely and conditional permission to travel to one destination and back for five years.
  • The children applying for this visa must be single. They must also be a full-time student if their age has crossed the 18-year mark, but it can be up to 25 years.
  • The child’s parent applying for a subclass 101 visa must be an Australian citizen, an Australian permanent resident visa holder, or an eligible New Zealand citizen.
  • The child must either be younger than 18 years, a full-time student if their age lies between 18 years to 25 years with financial dependence on their parents, or unable to function because of a disability at an age more than 18 years.
  • The applicants must submit their application within Australian borders, and the decision must be made there only.
  • The child and any youngster reliant on them must follow all Australian rules.
  • If the children have siblings who want to apply, they have to send separate applications for each sibling.

Read More – Visitor Visa Cancellation Reasons 

Benefits of Child Visa Subclass 101

The Visa subclass 101 allows certain benefits to the successful applicants, ensuring that the estranged or separated children live and spend time with their parents, step-parents, or guardians. Some of the advantages one gets upon qualifying for this visa are given below:

  • Subclass 101 parents are allowed to cohabit with their children. In addition, the visa holder can continue their studies.
  • They can also work in the country in any profession they like.
  • They can also finance their relatives to come and live in the country.
  • A journey to and from Australia from their native location doesn’t require additional information during the first five years of the visa. The visa holder must get Resident Return (RRV) approval if they wish to continue their visits.

Read – Australian Investor Visa Terms And Conditions

Eligibility Criteria for the Visa –

The Australian government officials will look for certain requirements to be satisfied before the visa subclass 101 is processed. As a rejection for not following the rules is very much possible, and it would affect the subsequent applications from the same source, it is better to take the help of a skilled immigration lawyer’s firm.

The eligibility conditions for the Child Visa Subclass 101 are given below:

  • Full compliance with the personal and physical requirements of Australia.
  • Birth certificate of the candidate.
  • Adoption certificate of the applicant, if applicable.
  • A document states that the applicant has no debt in the country they are applying from.
  • They must provide the name of the financer sponsoring their stay in the country.
  • The candidate must be outside the Australian border while applying for the visa.
  • The candidate shouldn’t have a married or linked romantic partner.

Read this – How to Add Newborn to visa Australia

The sponsorship duties in detail –

The Australian subclass 101 visa requires sponsorship from the parents of the children, and it is important in several aspects. The guardians of the children will have to sign a sponsorship undertaking, which means they must agree to the following:

  • The child will receive proper accommodation and financial assistance, and it will be enough to meet the child’s practical living needs. The assistance should cover the child’s first two years living in Australia.
  • They will be responsible for all the financial obligations to the Australian Government that the child might sustain while in Australia.
  • They will provide information and advice to assist the child in settling in Australia.
  • If the child needs to attend any English classes, the parents will support them to enable it.
  • They will advise the department in writing about any change in circumstances that will affect the sponsor’s fitness to support the child or the child’s eligibility for the visa subclass 101.

Read also – How to get an Australian visa?

In conclusion

The child visa application will be processed quickly if the documentation is in order and given in full. If the department requires further clarification, the subclass 101 processing time will lengthen. It is imperative to know which documents or notices will be the most appropriate and expedite the process. Therefore, you should consult an experienced child visa lawyer firm for the most beneficial guidance.

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