There are three types of Children Visas for Australia. These are the Child visa (subclass 802), there is also the Child visa (subclass 101) and the more common one in Thailand being the Dependent Child visa (subclass 445). When dealing with minor children, always consult an attorney in Thailand for advice and guidance. The following is a brief explanation of the visas. See the GAM website for information on an Australian visa for a Thai girlfriend.
Child visa (subclass 802):
This visa allows a child to stay on in Australia who is already in Australia with their parent. The parent needs to be either an Australian citizen, the holder of an Australian permanent resident visa or an eligible New Zealand citizen. This visa is sponsored by an eligible parent. The parent of the child can apply on behalf of a child younger than 18 years of age.
Note the following: “Children born in Australia are automatically granted Australian citizenship if at least one parent is either an Australian citizen or the holder of an Australian permanent resident visa.”
Note also that if the child is born in Thailand then the child has to apply for a permanent visa to live in Australia (if neither parent is an Australian citizen), or apply for Australian citizenship (if at least one parent is an Australian citizen).
Further note that there must be a family connection such as a biological child or adopted child of a parent (there are special requirements for adopted children); or a stepchild who has not turned 18 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.
The following is a brief breakdown of the age groups in this visa category:
Children younger than 18 years of age
- 1. They cannot have a spouse or de facto partner;
- 2. They cannot be engaged to be married.
Children between 18 and 25 years of age
- 1. They must never have had, and not now have, a spouse or de facto partner;
- 2. They must not be engaged to be married;
- 3. They must not be in full-time work;
- 4. They must be a full-time student.
*** Note the difference between Child Visa (802) and Child Visa (subclass 101). The same conditions apply however for (802) the child is already in Australia whereas (101) the child is still in Thailand.
Dependent Child visa (subclass 445)
More common in Thailand as your Thai wife or Thai fiancée takes the children with her to Australia. They are normally identified with their birth certificates in the spouse visa application or the fiancée visa application. You need to speak to an attorney in Thailand about this as the child is to be added to a permanent Partner visa application after a temporary Partner visa has been granted to their parent.
Always seek legal advice when dealing with minor children and complex immigration matters.