1. What is the purpose of a Family-Child Visa to Australia?
The purpose of a Family-Child Visa to Australia is to allow a child who is not an Australian citizen to come and live permanently in Australia with their parent or parents who are Australian citizens, permanent residents, or eligible New Zealand citizens. It allows families to be reunified and for children to have access to the benefits and opportunities available in Australia.
2. What are the different types of Family-Child Visas available for Australia?
There are several types of Family-Child Visas available for Australia, including:
1. Child Visa (subclass 101): This visa is for children who are outside of Australia and whose parent(s) is an Australian citizen, permanent resident or eligible New Zealand citizen.
2. Adoption Visa (subclass 102): This visa is for children who have been adopted by an Australian citizen, permanent resident or eligible New Zealand citizen and are outside of Australia.
3. Orphan Relative Visa (subclass 117): This visa is for orphaned children under the age of 18 whose parent(s) were Australian citizens, permanent residents or eligible New Zealand citizens at the time of their death.
4. Dependent Child Visa (subclass 445): This temporary visa is for children whose parent(s) hold a temporary Partner visa and wish to join them in Australia.
5. Remaining Relative Visa (subclass 835): This visa is for people who have no close relatives remaining in their home country except for their child who is living in Australia as an Australian citizen, permanent resident or eligible New Zealand citizen.
6. Carer Visa (subclass 116): This visa allows someone to move to Australia to provide care and support to a relative with a medical condition that requires substantial assistance from a caregiver.
7. Protection Visa (subclass 866): In certain circumstances, a child who has suffered harm or risks suffering harm if returned to their home country may be granted this refugee and humanitarian visa.
8. Special Category Visa (subcategory 444): This temporary visa grants residency rights to non-citizen children born in Australia to non-citizen parents while they remain minors.
9. Student Guardian Visa (subclass 590): This temporary visa allows someone to accompany a student under the age of 18 studying in Australia on a student visa as their guardian.
10. Working Holiday Maker program: Children aged between 18 and 30 years from eligible countries can apply for a Working Holiday visa (subclass 417) or a Work and Holiday visa (subclass second or third-year extended stay).
11. Distinguished Talent Visa (subclass 858): This permanent visa is for children who have an internationally recognizable record of exceptional and outstanding achievement in the arts, sport, research, academe or professional life.
12. Refusals and Cancellation: Children whose parent(s) are Australia visa holders who have been refused a substantive Australian visa may apply to also be granted their parent’s temporary Partner class migration visa.
13. Establishing Parental Responsibility: Unmarried fathers of Australian citizen children born overseas should establish evidence of their child’s overseas residence, so their child will gain permanent residency.
14. Domestic Adoption Visas: There are strict residency conditions associated with domestic adoptions as well as those from overseas countries including inter-country adoption procedures between your nation and Australia.
15. Intercountry Adoption Immigration Programs: To adopt from another country you need to meet the adoption criteria set out by that country along with establishing the step-parent or adoptive parent’s relationship with their own biological parents within various applications such as offshore Chinese CCCWA Hague Convention approval relating to orphaned abandoned children
However, it is recommended to check the official Australian government website for up-to-date information on Family-Child Visas.
3. Can I sponsor my child for an Australian visa if they are over 18 years old?
Yes, you can sponsor your child for an Australian visa if they are over 18 years old. However, the eligibility criteria and requirements may vary depending on the type of visa you are applying for.For example, if you want to sponsor your child for a student visa, they must be enrolled in a full-time course at a registered education institution. If you want to sponsor them for a work visa, they must have relevant skills and qualifications that are in demand in Australia.
You will also need to provide evidence of your relationship with your child and your financial ability to support them during their stay in Australia.
It is recommended that you seek advice from a professional migration agent or refer to the Department of Home Affairs website for specific requirements and guidelines.
4. How do I prove my relationship as a parent to my child for an Australian visa application?
1. Birth Certificate: The most common and accepted way to prove your relationship as a parent is by providing the child’s birth certificate which lists you as the parent.
2. Marriage Certificate: If you are legally married to the child’s mother or father, you can provide a marriage certificate as evidence of your relationship to your child.
3. DNA Testing: In some cases, DNA testing may be required to establish a biological relationship between you and your child. This method is usually used when there are no other documents available or if there is doubt about the relationship.
4. Legal Custody Documents: If you have legal custody of the child, provide court documents or custody agreements that show this. This can also include adoption papers if applicable.
5. Photographs: If traveling with your child, include photographs of yourself with your child at different ages to demonstrate shared experiences and a familial bond.
6. Parental Consent Form: If the other parent has given their consent for the child to travel with you or live in Australia with you, provide a notarized letter from them stating this.
7. Affidavit from Family Members/Relatives: You can also obtain an affidavit from relatives or family members who can attest to your relationship with the child and confirm that they are aware of the situation.
8. School/ Medical Records: Presenting official documents such as school records or medical records showing both of your names listed as parents can also be helpful in establishing your relationship to the child.
9. Joint Bank Account Statements/ Financial Support Documents: If financial support has been provided for the child, providing bank statements or receipts showing joint ownership of accounts or payments made towards their care can help prove your relationship.
10.Mobile Phone Records/Social Media Activity: In some cases, mobile phone records and social media activity can also be used as proof of communication and shared activities between parent and child.
It is important to include all relevant and official documents in your application to avoid any doubt about your relationship with your child. If you are unsure about which documents to provide, you can seek advice from an immigration lawyer or contact the Australian Embassy for further guidance.
5. Are there any age restrictions for children applying for an Australian visa under the Family stream?
There are no specific age restrictions for children applying for a visa under the Family stream. However, they must meet the standard eligibility criteria and be listed as a dependent on their parent’s or guardian’s visa application.
6. Can I include my step-child in my Australian visa application as part of my family unit?
Yes, you can include your step-child in your Australian visa application as part of your family unit if they meet certain eligibility criteria. This includes being under 18 years old and unmarried at the time of application, and being a step-child to either you or your spouse or partner.
In addition, the child’s other parent must have given consent for them to migrate to Australia or have legally lost their parental responsibilities. The child must also be included in your household and dependent on you or your spouse/partner for their basic needs.
It is important to provide evidence of the relationship between yourself and the child, such as birth certificates, marriage certificate of the biological parents, adoption papers, and any legal documentation regarding custody or guardianship.
If the child does not meet these eligibility criteria, they may still be eligible for a separate visa depending on their circumstances. It is recommended to seek professional advice from a registered migration agent when preparing a visa application that includes a step-child.
7. Is there a processing fee for a Family-Child Visa to Australia and how much is it?
Yes, there is a processing fee for a Family-Child Visa to Australia. As of 2021, the application fee for a Subclass 101 Child Visa is AUD$2,665. This fee is subject to change and may vary depending on the current exchange rate at the time of payment. Additionally, there may be additional fees for biometrics and health assessments. It is best to check the official Australian Government website for current and accurate fees.
8. Do I need to have specific financial requirements to sponsor my child for an Australian visa?
Yes, you must meet certain financial requirements in order to sponsor your child for an Australian visa. You must be able to provide evidence that you are able to support your child financially during their stay in Australia, including providing accommodation, food, clothing, and any other necessary needs. Additionally, you must also be able to cover the costs of your child’s return journey to their home country if necessary. These financial requirements may vary depending on the type of visa you are sponsoring your child for and the length of their stay in Australia. It is important to consult with an immigration lawyer or the Australian Department of Home Affairs for specific information on financial requirements for your child’s visa application.
9. Are there any English language requirements for children applying under the Family stream of visas to Australia?
Yes, there are English language requirements for children applying under the Family stream of visas to Australia. Children over the age of 18 who are included in their parent’s application must meet the same English language requirements as their parents, which varies depending on the type of visa being applied for.
For Partner visas (subclass 801/820), Parent and Child (subclass 864/804), and Remaining Relative (subclass 835/115) visas, there is no separate English requirement for dependant children under 18 years old.
For Aged Dependent Relative (subclass 838/114) and Contributory Aged Parent (subclass 864/884) visas, children over the age of 18 must prove functional English by scoring at least a “functional” level on an approved English test or by obtaining a certificate from a designated Adult Migrant English Program provider.
For Carer visas (subclass 836/116), children over the age of 18 must also prove functional English by meeting the same requirements as outlined above.
If a child does not meet these requirements, they may be eligible to undertake an immigration-approved English language course or provide evidence of other acceptable arrangements, such as actively studying at a recognised education provider.
It’s important to note that if a child is under the age of six or has impaired hearing or vision, they are generally exempt from these English language requirements.
10. What documents do I need to provide as proof of custody or legal guardianship for a child applying for an Australian visa under the Family stream?
The specific documents required may vary depending on the individual case, but typically the following documents are required as proof of custody or legal guardianship for a child applying for an Australian visa under the Family stream:
1. Birth certificate of the child to establish the relationship with the sponsoring parent or legal guardian.
2. Court-issued custody order or divorce decree, if applicable.
3. Parental consent from both parents or legal guardians for the child’s travel and residence in Australia, if applicable.
4. Death certificate and/or will of a deceased parent, if applicable.
5. Adoption papers, if the child has been legally adopted by their sponsor.
6. Proof of financial support and accommodation arrangements by the sponsoring parent or legal guardian.
7. Any other relevant documents that demonstrate that the child has been entrusted to the care and responsibility of their sponsor, such as school enrollment records or medical records proving ongoing parental involvement.
It is important to provide clear and authentic documents that clearly establish the relationship between the sponsoring parent or legal guardian and the child, as well as their current circumstances and living arrangements in Australia.
11. Is it possible to apply online for a Family-Child Visa to Australia?
Yes, it is possible to apply online for a Family-Child Visa to Australia. The Department of Home Affairs offers an online application system called ImmiAccount for individuals and families to apply for over 130 visa types, including Family-Child Visas. Applicants can create an online account, complete the required forms and submit their application, and track the status of their application through ImmiAccount. However, certain eligibility criteria may need to be met before applying online for this visa.12. How long does it take to process a Family-Child Visa application for Australia?
The processing time for a Family-Child Visa can vary and is dependent on a number of factors, including the country from which you are applying, the completeness of your application, and the current visa processing times. Generally, it can take anywhere between 6-12 months for a Family-Child Visa to be processed. It is recommended to check the current processing times for your specific visa subclass and location on the Department of Home Affairs website.
13. Can immigration authorities request additional information or documents during the processing of a family-child visa application?
Yes, immigration authorities have the right to request additional information or documents during the processing of a family-child visa application. This could include proof of financial support, proof of relationship with the child, or other necessary documents to verify eligibility for the visa. It is important to comply with these requests in a timely manner in order to avoid delays or potential denial of the visa application. 14. Does the age of the child affect their eligibility as well as their parents’ income and assets in sponsoring them under this scheme?
The age of the child can affect their eligibility for sponsorship under this scheme. While there is no age limit for sponsored children, they must still meet certain criteria in order to be eligible.Additionally, the parents’ income and assets may also affect the child’s eligibility for sponsorship. If the parents have a high income or significant assets, it may be more difficult for them to prove that the sponsorship is necessary and that the parents are unable to support the child on their own.
Overall, each case is evaluated individually and all factors, including the child’s age, are taken into consideration when determining eligibility for sponsorship under this scheme.
15.Have there been any recent changes in the eligibility criteria, fees or processing times for this type of visa?
As an AI, I do not have access to recent changes in eligibility criteria, fees, or processing times for visas. It is recommended to check with the official government website of the country you are applying for a visa to get accurate and updated information on any changes.
16.What type of health checks or medical exams are required for children applying under the family stream?
The health checks or medical exams required for children applying under the family stream may vary depending on the specific circumstances, such as the age of the child and their country of origin. In general, children are required to have a medical exam to ensure they meet Australia’s health requirements. This may include tests for infectious diseases, physical exams, and vaccinations. Some children may also need to undergo psychological or developmental assessments. The specific requirements will be outlined by the Department of Home Affairs during the visa application process.
17.How long does the validity period last once granted with approval on this type of visa?
The validity period for this type of visa varies depending on the country and individual circumstances. Generally, it can last anywhere from 1 year to multiple years. It is important to check the specific validity period on your visa approval documentation or consult with the relevant consulate or embassy for more information.
18.Are there any restrictions on employment rights in Australia once approved with this type of sponsorship by parents and dependents who come via this route?
There are no specific restrictions on employment rights for individuals sponsored by their parents or dependents in Australia, as long as the individual holds a valid work visa (such as a subclass 457 visa) and meets all other requirements. However, it is important to note that any changes to visa conditions or employment arrangements must be reported to the Department of Immigration and Border Protection in order to ensure compliance with Australian immigration laws. Furthermore, sponsored individuals may face some limitations on their employment options if they hold certain types of visas, such as student visas, which have restrictions on the number of hours they can work. It is important for individuals to review their visa conditions and consult with relevant authorities before taking up any employment opportunities in Australia.
19.Can I sponsor other family members, such as siblings or nieces/nephews, under a Family-Child Visa to Australia?
No, you cannot sponsor siblings or nieces/nephews under a Family-Child Visa to Australia. This visa category only allows for the sponsorship of immediate family members, such as parents, spouses, and dependent children. If you would like to sponsor other family members for migration to Australia, you may need to explore other visa options, such as the Contributory Parent visa or the Skilled Independent visa.
20.What are the reasons for a Family-Child Visa application to be refused or rejected by Australian immigration authorities?
1. Failure to meet eligibility criteria: The primary reason for a family-child visa application to be refused or rejected is if the applicant does not meet the eligibility criteria set by the Australian immigration authorities.
2. Inadequate documentation: Another common reason for rejection is inadequate documentation. This includes incomplete or missing forms, supporting documents, and fees.
3. Lack of genuine relationship: The immigration authorities may reject a family-child visa if they believe that the relationship between the sponsor and the applicant is not genuine.
4. Health or character issues: Applicants must meet certain health and character requirements to be granted a family-child visa. If these requirements are not met, the visa application can be rejected.
5. Financial instability: The sponsor must provide evidence that they can financially support their family member in Australia. If this requirement is not met, then the application may be refused.
6. Previous visa violations: If an applicant has previously violated their visa conditions or overstayed their visa, it may result in their current application being refused.
7. Parental custody issues: If there are unresolved custody or legal guardianship issues relating to the child, it may result in a refusal of the visa application.
8. Falsified information: Providing false or misleading information in the visa application can lead to immediate rejection.
9. Failure to pass English proficiency test: Some family-child visas require applicants to demonstrate their English language proficiency level through tests such as IELTS or TOEFL. Failure to achieve the required score can result in a visa refusal.
10. National security concerns: Any suspicions about an applicant’s background or intentions may result in a security check which could lead to a delay or refusal of the visa application.