Subclass 101 / 802:
These visas confer permanent residency to step-children and dependent children of Australian citizens, permanent residents or eligible New Zealand citizens who satisfy the primary and sponsorship criteria. An applicant for a Subclass 101 visa must be offshore, whereas a Subclass 802 visa requires an applicant to be inside Australia, at the time of application.
Primary Criteria for Grant
A child applicant who is over 18 but less than 25 years old must be dependent, which are demonstrated by the following factors:
- The applicant, since turning 18, or within 6 months or a reasonable time after completing the equivalent of year 12 in the Australian school system, has been undertaking a full-time course of study at an educational institution leading to the award of a professional, trade or vocational qualification; or
- The applicant is incapacitated physically or mentally.
Relevant Public Interest Criteria:
Subclass 802: 4001, 4002, 4003, 4004, 4007, 4020, 4019 (if applicable), 4017 and 4018 (if applicable).
8502: The holder of the visa must not enter Australia before the entry to Australia of a person specified in the visa.
8515: The holder of the visa must not marry or enter into a de facto relationship before entering Australia.
There are no conditions associated with a subclass 802 visa.