Child Visas

Child Visas: Child (Migrant) (Class AH) and Child (Residence) (Class BT)
The Child (Migrant) (Class AH) visa includes the subclasses 101 (Child) and 102 (Adoption) and 117 (Orphan Relative).
The Child (Residence) (Class BT) visa includes the subclasses 802 (Child) and 837 (Orphan Relative).

Item 1108 Child (Migrant) (Class AH)

101.21 Criteria to be satisfied at time of application
101.211
(1) The applicant:
(​a) is a dependent child of:
(i) an Australian citizen; or
(ii) the holder of a permanent visa; or
(iii) an eligible New Zealand citizen; and
(b) subject to subclause (2), has not turned 25; and
(c) either:
(i) is:
(A) the child(other than an adopted child); or
(B) the step-child within the meaning of paragraph (b) of the definition of step-child;
of the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in paragraph (a); or
(ii) was adopted overseas by a person who, at the time of adoption, was not an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen, but later became an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen.
(2) Paragraph (1)(b) does not apply to an applicant who, at the time of making the application, was a dependent child within the meaning of subparagraph (b)(ii) of the definition of dependent child.
101.212
The applicant is sponsored by a person who:
(a) has turned 18; and
(b) is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and
(c) is:
(i) the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in subclause 101.211(1); or
(ii) the cohabiting spouse or de facto partner of the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in subclause 101.211(1).
101.213
(1) If the applicant has turned 18:
(a) the applicant:
(i) is not engaged to be married; and
(ii) does not have a spouse or de facto partner; and
(iii) has never had a spouse or de facto partner; and
(​b) the applicant is not engaged in full-time work; and
(c) subject to subclause (2), the applicant has, since turning 18, or within 6 months or a reasonable time after completing the equivalent of year 12 in the Australian school system, been undertaking a full-time course of study at an educational institution leading to the award of a professional, trade or vocational qualification.
(2) Paragraph (1)(c) does not apply to an applicant who, at the time of making the application, is a dependent child within the meaning of subparagraph (b)(ii) of the definition of dependent child.

Australia Child Visa

Australia Child Visa

102.2 - Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
102.21 Criteria to be satisfied at time of application
102.211
(1) The applicant meets the requirements of subclause (2), (3), (4) or (5).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant has not turned 18; and
(b) the applicant was adopted overseas by a person who:
(i) was, at the time of the adoption, an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and
(ii) had been residing overseas for more than 12 months at the time of the application; and
(c) the Minister is satisfied that the residence overseas by the adoptive parent was not contrived to circumvent the requirements for entry to Australia of children for adoption; and
(d) the adoptive parent has lawfully acquired full and permanent parental rights by the adoption.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant has not turned 18; and
(b) the applicant is resident in an overseas country; and
(c) either:
(i) a person who is not in a married relationship or de facto relationship, and who is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen has undertaken in writing to adopt the applicant; or
(ii) spouses or de facto partners, at least one of whom is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen, have undertaken in writing to adopt the applicant; and
(d) a competent authority in Australia:
(i) has approved the prospective adoptive parent as a suitable adoptive parent for the applicant; or
(ii) has approved the prospective adoptive parent and the spouse or de facto partner of the prospective adoptive parent as suitable adoptive parents for the applicant.
(4) An applicant meets the requirements of this sub-clause if:
(a) the applicant has not turned 18; and
(b) the applicant is resident in an overseas country; and
(c) a competent authority in the overseas country has allocated the applicant for prospective adoption by a person who is an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen, or such a person and that person's spouse or de facto partner; and
(d) either:
(i) arrangements for the adoption are in accordance with the Adoption Convention; or
(ii) the adoption is of a kind that may be accorded recognition by regulation 5 of the Family Law (Bilateral Arrangements - Inter-country Adoption) Regulations 1998; and
(e) a competent authority in Australia:
(i) has approved the prospective adoptive parent as a suitable adoptive parent for the applicant; or
(ii) has approved the prospective adoptive parent and the spouse or de facto partner of the prospective adoptive parent as suitable adoptive parents for the applicant.
(5) An applicant meets the requirements of this sub-clause if:
(a) the applicant has not turned 18; and
(b) the applicant was adopted in accordance with the Adoption Convention, in an Adoption Convention country, by a person who was an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen when the adoption took place, or by such a person and that person's spouse or de facto partner.
102.212
The applicant is sponsored by a person who is:
(a) an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and
(b) in the case of an applicant who is a child for adoption — a prospective adoptive parent of the child; and
(c) in the case of an applicant who is an adopted child — an adoptive parent of the child.
102.213
The laws relating to adoption of the country in which the child is normally resident have been complied with.

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