Visa for a Child Born to Australian Permanent Resident

Please note that the information we provide in this article about visa for a child born to Australian permanent resident is current as of the date of publication, and the DHA regularly updates rules and regulations. Kindly ensure that you check the official updates before making any decisions, or speak with an immigration lawyer for the most up-to-date information, as laws and conditions are subject to change.

In this article, we will discuss the essentials of getting a visa for a child born to Australian permanent. Having a child with an Australian permanent resident may present two situations: 

1. If the baby was born in Australia or
2. If the baby was born outside Australia.

In the later sections of this write-up, we will expand on the legal implications in relation to Australia’s immigration law of these situations which will help you get a visa for a child born to Australian permanent resident.

What Does Ordinarily Resident in Australia Mean?

Section 3 of the Citizenship Act 2007 provides that a person is “ordinarily resident” or Australian citizens in a country if and only if:

• he or she has his or her home in that country; or
• that country is the country of his or her permanent abode even if he or she is temporarily absent from that country. When is a person not taken to be “ordinarily resident”? This applies if he or she resides in Australia for a special or temporary purpose only. Being an “ordinarily resident” does not mean that the child cannot leave Australia during those 10 years.

Child Born to Australian Permanent Resident

There are two visa situations if you have a child born to Australian permanent resident:

1. If the baby was born in Australia and one parent is an Australian citizen, a permanent residence visa holder, or an eligible New Zealand citizen at the time of the baby’s birth:

• Your baby is an Australian citizen because the law automatically considers a baby born in Australia as a citizen of the country.
• Your baby might also be a citizen of your home country (a dual citizen).
• Your baby must have a passport to be able to leave and enter Australia seamlessly, in case you plan to travel outside the country.
• You must apply for evidence of Australian citizenship to show evidence of your baby’s citizenship.

2. If the baby was born outside Australia and one parent is an Australian citizen, a permanent residence visa holder, or an eligible New Zealand citizen at the time of the baby’s birth:

• Your baby is eligible for Australian citizenship by descent.
• You need the Australian citizenship by descent extract before applying for an Australian passport.
• Your baby can still travel to Australia who has not acquired their citizenship on a passport issued by another country. The visa that you may obtain for this situation is a visitor visa, among others.

Visa for a Child Born to Australian Permanent Resident

If you’re in one of the two situations mentioned above, particularly situation #1 (you had a baby born in Australia and one parent is an Australian permanent resident), then you are qualified to apply for a Subclass 101 (child visa) for your baby.

Eligibility Requirements

To obtain a visa for a child born to Australian permanent resident, you must be comply with the following eligibility requirements:

1. The child must be dependent on an Australian permanent visa holder
2. If the child is adopted, they must have been adopted before they turned 18 by a parent who was not an Australian citizen, permanent visa holder or eligible New Zealand citizen at the time of adoption.
3. If the child is a stepchild,  they must be the child of their step-parent’s former partner and must be under 18. Here, the step-parent must also have either (a) an Australian parenting order in force that says the child is to live with them and be looked after by them or (b) guardianship or custody of the child under an Australian law or the law of another country.
4. The child must be sponsored by an eligible parent or their parent’s spouse or de facto partner. This require’s the Department of Home Affairs’ (DHA) approval. 
5. The child must either be under 18 years old, or over 18 and under 25 years and studying full time, or over 18 years with a disability.
6. The child must not be or ever have been married or engaged to be married or in a de facto relationship.
7. The child must meet the health and character requirements.
8. If the child or any member of their family owes the Australian Government money it must be paid back or there must be a formal arrangement to pay it back.
9. If the child is 18 or older, they must sign the Australian values statement.
10. If the child is younger than 18, they must have the written consent of everyone who can legally decide where they live, or the laws of the child’s home country must allow them to leave their home country, or it is consistent with any Australian child order about the child.
11. The visa application must be for the best interest of the child, if he or she is under 18.

Documentary Requirements

The documentary requirements for getting a visa for a child born to Australian permanent resident can be quite numerous and intricate. Seeking assistance from a migration attorney can help you sort out the necessary documentation.

1. The child’s current passport showing their photo, personal details, and passport issue and expiry dates.
2. 4 recent passport-size photos (45mm x 35mm) of the child. It must be

• passport-size (45mm x 35mm)
• less than 6 months old
• good quality colour. We don’t accept laser copies
• a full-face view of your head and shoulders
• taken against a plain light-coloured background

3. Circumstances documents, such as:

• If the applicant is aged 18 to 25 years and studying:

• Evidence of enrolment of the child as a full-time student and actively participating in a post-secondary course of study.
• A statement to explain any gaps longer than 6 months between their final year of secondary school and further studies.
• If the applicant is aged 18 or older with disability:
  • Evidence from a qualified medical practitioner the applicant has a total or partial loss of mental or body function that stops them from working.

4. Evidence of relationship to the parent, such as:

• a birth certificate
• a marriage certificate
• an adoption certificate
• a family status certificate or family book, if officially issued and maintained.

Other Documentary Requirements

1. Financial documents, if the child is over 18 and they are dependent on their parent for basic needs such as food, shelter and clothing, and how long the parent provides for this support, such as bank statements, money transfers, or rent receipts.
2. Parental responsibility documents include:

• Form 1229 (Consent form to grant Australian visa to a child under 18) OR
• A statutory declaration giving their consent for the child to stay in Australia on this visa OR
• An Australian court order that allows your child to migrate to Australia (alternative only) OR
• Proof that the laws of the child’s home country allow them to leave their home country (alternative only).

3. Character documents (for children over 16, they must complete Form 80)

Important Matters

Here are some important matters that you have to take note and keep in mind when preparing your application:

• The application for a visa for child born to Australian permanent resident is done on paper:

1. Complete Form 47CH and 40CH.
2. Pay the application charge before you post your application.
3. Send your application by post (with correct prepaid postage) or by courier to the Child and Other Family Processing Centre in Perth.

By post:

Department of Home Affairs

Child and Other Family Processing Centre

Locked Bag 7

NORTHBRIDGE WA 6865

By courier:

Department of Home Affairs

Child and Other Family Processing Centre

Wellington Central

836 Wellington Street

WEST PERTH WA 6005

• You don’t need to send the original copies of the documents; certified copies are sufficient.
• This visa lets you stay in Australia permanently.
• Visa cost: From AUD 3,055.00
• For more information about coming to and leaving Australia, check out this website.

Consult a Citizenship Lawyer Today

If you’re an Australian citizen, permanent resident, or eligible New Zealand citizen, and your child is looking to join you in Australia, a child visa might be the key. JB Solicitors’ citizenship and visa lawyers can surely assist you in every step of your immigration status and application process.

We can help you gather and evaluate the documents you’ll need and answer frequently asked questions to support a smooth visa application for a child born to Australian permanent residents.

Contact us today if you need help as a permanent visa holder or a temporary visa holder. Citizen or not, we can help you with your legal matters.