If you have a child living overseas, you may sponsor him or her for an Australia offshore child visa (Class AH) (Subclass 101) to live permanently in Australia with you.
You and your spouse or de facto partner must not have been charged or convicted of a registrable offence (click here to learn more about reg. 1.20KB sponsorship limitation).
You may be eligible to sponsor your child or your spouse or de facto partner’s child if you are over 18 and is an Australian citizen or permanent resident or an eligible NZ citizen after your child was born or adopted. If you have an over 18 spouse or de facto who is Australian citizen or permanent resident or an eligible NZ citizen, he or she may also sponsor your child.
The child you want to sponsor can be your adopted child. But you must have adopted your child before you became an Australian citizen or permanent resident or an eligible NZ citizen. If your child was adopted after you became an Australian citizen or permanent resident or eligible NZ citizen, you should sponsor your adopted child for an Adoption (Subclass 102) visa (click here to learn more).
Sponsoring adult child
Your child must be under 18 or if has turned 18 is dependent on you or your spouse or de facto partner or is unable to work due to a medical condition. If your child is a dependent, he or she must be wholly or substantially reliant on you or your spouse or de facto partner for his or her basic needs for food, clothing and accommodation. Your child’s dependence on you or your spouse or de facto partner must be greater than reliance on any other person or organisation.
You can still sponsor your adult child if he or she is under 25 and is studying full-time. Your child must be financially dependent on you or your spouse or de facto partner or is unable to work because of a medical condition. In addition, your child must never have been married or had a de facto relationship or be engaged to be married.
If after lodging the Australia offshore Child Class AH Subclass 101 visa application, your child turned 25 before the Department of Immigration makes its decision, your child will still be assessed, but must continue to satisfy relationship, work and study requirements. Click here to learn more.
Having criminal history or record
You may not be able to sponsor your child if you have an unresolved criminal charge or a criminal conviction, or have a registerable offence, example, sexual or physical assault of a child, child pornography and child prostitution. The Department may waive this limitation if the conviction occurred more than 5 years ago and there are compelling circumstances affecting you and/or your child.
In order for the Department to process and grant your child an Australia offshore child visa Class AH Subclass 101, he or she must be outside Australia at the time of application and at the time of decision (click here to learn more about Onshore Child Class BT Subclass 802 visa). You may also be required to provide an Assurance of Support (click here to learn more).
Australian migration law is complex and difficult to understand, contact our immigration lawyer for a free 15 minutes consultation to help you decide if you are eligible to sponsor your child (click here to find out how an immigration lawyer or registered migration agent can help you). You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.
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This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.