Checklist – Child Visa (Subclass 802)

1-9;

Please refer to our General Checklist here

https://www.dlegal.com.au/articles/migration/checklists/general-checklist/

10.

Child’s relationship to the parent

Provide evidence the child is related to their parent, such as:

• birth certificate
• marriage certificate
• family status certificate or family book, if officially issued and maintained

If the child was adopted, provide the child’s adoption papers or adoption compliance certificate.

Where an adoption involved an Australian state or territory central adoption authority, including a letter supporting the adoption.

If the child was adopted through an expatriate adoption process, provide evidence that:

• at least one of the adoptive parents lived outside Australia for more than 12 months before the adoption was finalised
• the adoptive parent did not arrange to live overseas so they could avoid Australia’s intercountry adoption laws
• the adoptive parent has full and permanent parental rights, with no remaining legal ties between the child and the birth parents
• the child was adopted in line with the adoption laws of their home country.

11.

Financial documents

If the child is over 18 when the application is made, provide evidence the child is dependent on their parent for basic needs such as food, shelter and clothing, and how long this support has been provided. Evidence could include:

• bank statements
• money transfers
• rent receipts

12.

Applicant circumstances documents

Depending on the child’s situation, we might require other documents.

Applicants aged 18 to 25 years studying full time

Provide evidence the child is enrolled and actively participating as a full-time student in a post-secondary course of study.

Provide a statement to explain any gaps longer than 6 months between their final year of secondary school and further studies.

Applicants aged 18 or older with disability

Provide evidence from a qualified medical practitioner the applicant has a total or partial loss of mental or body function that stops them from working.

13.

Additional documents for applicants under 18

Applicants under 18 years old must give us:

• copies of birth certificates or the family book showing the names of both parents
• copies of the adoption paper, if applicable.

14.

Applicants under 18 parental responsibility documents

You must get consent for any applicant under 18 years of age to visit Australia from anyone who:

• has a legal right to decide where the applicant lives and
• is not coming to Australia with the applicant.

They must complete either:

• Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years (276KB PDF) (276KB PDF), or
• a statutory declaration giving their consent for the applicant to visit Australia on this visa.

Alternatively, you can show us:

• an Australian court order that allows the applicant to visit Australia, or
• that the laws of your home country allow them to visit

Include:

• an identity document that shows the signature and photo of the person who completed the form or declaration, such as a passport or driver’s licence
• adoption papers or other court documents if applicable.

15.

Character & Health documents

Please refer to our general checklist 13 & 14

https://www.dlegal.com.au/articles/migration/checklists/general-checklist/

16.

Prepare your documents

Have all non-English documents translated into English.

Give us original and translated documents in your application.

Translators in Australia must be accredited by the National Accreditation Authority for Translators and Interpreters.

Translators outside Australia do not have to be accredited. However, on each translation, they must include their:

• full name
• address and telephone number
• qualifications and experience in the language they are translating.

These details must be in English.

Note: You do not need to have any documents certified.

Scan or photograph all documents (English and non-English) in colour.

The scans and photos must be clear.

If a document is more than one page, save it all as one file.

1.

Residence and citizenship documents

Provide evidence that you are an Australian citizen, Australian permanent resident or eligible New Zealand citizen such as:

• birth certificate
• evidence you hold an Australian passport or that you are a permanent resident
• an Australian citizenship certificate
• if you are a New Zealand citizen, evidence to show how long you have lived in Australia and your continued links to Australia

2.

Identity documents

Provide the pages of your current passport showing your photo, personal details, and passport issue and expiry dates.

Also provide a copy of your birth certificate showing both your parents’ names. If you don’t have a birth certificate and you can’t get one, provide a copy of the identification pages of one of these:

• family book showing both your parents’ names
• government-issued identification
• court-issued document that verifies your identity

If you have changed your name, provide proof such as:

• marriage or divorce certificate
• change of name documents from an Australian Registry of Births, Deaths and Marriages, or the relevant overseas authority
• documents that show other names you have been known by

3.

Relationship to the applicant documents

You will need to provide:

• birth certificate
• marriage certificates
• death certificates
• evidence from the relevant central authority that the child can leave the overseas country for adoption purposes or can leave in your custody
• family status certificates or family books if officially issued and maintained

If you are the child’s adoptive parent, provide evidence of the adoption process.

If you are the child’s stepparent and their parent’s current partner, provide proof you are married or in a de facto relationship with their parent.

If you are the child’s stepparent but you are no longer in a relationship with the child’s parent, provide evidence of all the following:

• you were the partner of the child’s parent
• you have legal parental responsibility for the child
• the child’s biological or adoptive parentage
• that the child is younger than 18 years of age

4.

Financial documents

You might need to give us:

• income records
• tax records
• other proof showing you can support the applicant

If you pay child support or have provided an assurance of support for anyone else, you must provide a statement that shows:

• your relationship with the person you support.
• when you submitted any other sponsorship applications or assurances of support
• how much and how often you make any support payments
• If the department ask you to provide an assurance of support for the child, you will have to provide evidence your assurance was accepted by the Secretary of Social Services.

5.

Police check documents

The department might ask you to provide an Australian state or territory police certificate if you have lived in an Australian state or territory for any length of time.

If you have lived in an overseas country for at least 12 months, the department might ask you to provide a police certificate from that country.

The department will only accept complete disclosure National Police Certificates issued by the Australian Federal Police. They don’t accept standard disclosure certificates or national police certificates issued by Australian state or territory police.

You must also provide these documents for your partner if you have one.

6.

Form 40CH Sponsorship for a child to migrate to Australia

Complete https://immi.homeaffairs.gov.au/form-listing/forms/40ch.pdf