Child visa (subclass 101)

Sunday 5 November 2023

Sponsor Eligibility

To be eligible to sponsor your child for the Child Visa (Subclass 101), you must meet the following criteria:

  • You must be an Australian citizen, eligible New Zealand citizen, or holder of an Australian permanent visa.
  • You must be 18 years of age or older.
  • You must be the child's parent, or the parent's current spouse or de facto partner.
  • If you are no longer the partner of the child's parent, but you have legal responsibility for the child, you can still sponsor them.
  • If you are the child's adoptive parent, you can sponsor them if you adopted them before becoming an Australian citizen or eligible New Zealand citizen, or the holder of an Australian permanent visa.

Application Process

Before you apply for the Child Visa (Subclass 101), make sure that your child is eligible for the visa and that you meet the sponsor eligibility criteria. Once you have gathered all the necessary documents, follow these steps to complete the application process:

  1. Gather Your Documents:
    • Provide identity documents such as your passport and proof of name change if applicable.
    • Give evidence of your relationship to the child, such as birth certificates, marriage certificates, or adoption certificates.
    • Provide proof of your residence and citizenship status, such as an Australian passport, citizenship certificate, or evidence of permanent residency.
    • Submit financial documents to demonstrate your ability to support the child, including income records, tax records, and any child support or assurance of support payments.
    • Obtain police check documents for yourself and your spouse or de facto partner if applicable.
  2. Complete Form 40CH:
  3. Fill out Form 40CH, which is the Sponsorship for a Child to Migrate to Australia. Make sure to provide accurate and complete information.

  4. Submit the Application:
  5. Submit the completed Form 40CH, along with all supporting documents, to the Child and Other Family Processing Centre in Perth. Remember to pay the application charge before sending your application.

  6. Wait for a Decision:
  7. Once you have submitted the application, wait for the Department of Home Affairs to process it. The processing time can vary, and the department might request additional information or documents if needed.

  8. Visa Outcome:
  9. If the Child Visa (Subclass 101) is granted, you will receive written notification with the visa grant number, start date of the visa, any conditions attached to the visa, and the date by which the child must enter Australia if they were outside the country when the visa was granted. If the visa is refused, you will be informed of the reasons for the refusal and whether there is a right to review the decision.

Obligations as a Sponsor

As a sponsor, you have certain obligations for the first two years that the child is in Australia on the visa. These obligations include providing accommodation and financial support to the child and any dependent children who are granted the visa. Failure to comply with these obligations may result in the cancellation of the visa.

Conclusion

The Child Visa (Subclass 101) provides an opportunity for parents living in Australia to bring their children to live with them. By meeting the eligibility criteria and following the application process, you can sponsor your child for this visa and give them the opportunity to join you in Australia. Make sure to fulfill your obligations as a sponsor to ensure the successful settlement of your child in Australia.

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