Can I Sponsor My Child for Australia's Subclass 802 Visa in 2026?
Whether you can sponsor your child for Australia's subclass 802 visa in 2026: which parents qualify and what 'dependent child' means.
Yes — you can sponsor your child for the Child visa (subclass 802) if you are an Australian citizen, an eligible New Zealand citizen, or the holder of an Australian permanent visa, and the child is your dependent child. According to the Department of Home Affairs Child visa (Subclass 802) official page, as at August 2026, the child must also be in Australia when the application is made and when it is decided, and the sponsorship itself must be approved before the visa can be granted. Most cases turn on two questions: which category of parent you fall into, and whether your child still meets the "dependent child" test. This article is general information about how those published criteria are framed, not advice on your family's position; because visa settings change, confirm them against the Department's current published page before acting.
Which parents qualify as a sponsoring parent?
The Department's page sets out three qualifying parent categories, and they are alternatives rather than a ranking:
- Australian citizen
- Eligible New Zealand citizen
- Australian permanent visa holder
Holding permanent residency is enough on its own. Waiting for citizenship does not put sponsorship on hold, provided you already hold a permanent visa. The "eligible New Zealand citizen" category is listed separately from citizenship and permanent visa status; its scope comes from the Migration Regulations 1994 rather than from the visa page itself, so treat it as a defined term rather than a description of any New Zealand citizen living in Australia.
The same page also confirms that the parent can be the child's biological parent, adoptive parent, or step-parent — but the step-parent route is narrow, as set out below.
What does "dependent child" actually require?
Dependency is the core threshold, and it is tested through the child's relationship to you, their age, and their circumstances.
| Pathway | Age | Study and work | Financial dependence |
|---|---|---|---|
| Child | Under 18 | No separate study or work test | Treated as dependent without a separate financial test |
| Student | 18 to 24 (has not turned 25) | Full-time student when applying and when decided; cannot work full time | Must depend on the parent more than on any other person |
| Disability | 18 or over | Cannot work full time | Must be financially dependent on the parent |
The upper age limit sits at 25: the Migration Regulations 1994 (subclause 802.212) require that the applicant has not turned 25, subject to an exception where the dependency arises from being incapacitated for work. In that disability case, the regulations also disapply the full-time study requirement.
How is the 18-to-24 student pathway assessed?
A child aged 18 to 24 must be a full-time student both when the application is lodged and when it is decided, must not be working full time, and must be financially dependent on you more than on any other person. "Full-time student" means enrolment in a full-time course leading to a professional, trade or vocational qualification, and actually attending classes.
Timing matters. The Department expects study to have started since the child turned 18, or within 6 months (or a reasonable time) of finishing school, and any gap of more than 6 months between the final year of school and the start of further study has to be explained. Continuous enrolment records and attendance evidence are therefore the practical backbone of this pathway.
What about a child over 18 with a disability?
A child aged 18 or over can qualify on the disability pathway if they have totally or partially lost their bodily or mental functions, cannot work full time, and are financially dependent on the parent. The Department's policy guidance (PAM3) treats this as the "incapacitated for work" case, which is what removes the age ceiling. Because this route depends on medical evidence, it also interacts with the health requirement — the same guidance notes that health assessment can become the deciding issue where significant care costs are involved.
Do adopted children and stepchildren face extra rules?
Yes. Adoption must have been finalised before the child turned 18, and it can have happened either before or after you became an Australian citizen, permanent visa holder or eligible New Zealand citizen. If it happened after, one of the following must apply:
- an intercountry adoption involving an Australian state or territory central authority, or
- an intercountry adoption by arrangement between two countries other than Australia that are parties to the Hague Adoption Convention, or
- where no Australian state or territory central authority was involved, an expatriate adoption by an Australian citizen, eligible New Zealand citizen or permanent visa holder who had been living outside Australia for more than 12 months before the adoption was finalised.
The Department recommends getting independent legal advice in both Australia and the child's country of usual residence before proceeding with an expatriate adoption, given the risks to the child and to the adoptive parents.
Stepchildren are the most commonly misunderstood category. A stepchild must be the child of the step-parent's former partner and be aged under 18, and the step-parent must hold either an Australian parenting order in force saying the child is to live with and be looked after by them, or guardianship or custody under Australian law or the law of another country. Critically, a child does not meet the dependency requirement where the stepparent is the current spouse or de facto partner of the child's biological or adopted parent — in that situation the child is generally expected to be included in the parent's own partner visa application instead.
Who can act as sponsor, and what can block it?
The sponsor must be an eligible parent, or that parent's spouse or de facto partner, and the Department must approve the sponsorship before grant. Sponsorship outcomes are tightly tied to child protection checks: if the sponsor or their spouse or de facto partner has a pending charge for a registrable offence, the sponsorship and the visa application will be refused, and if there is a registrable offence conviction, sponsorship can be approved only in very limited circumstances.
One further point from the regulations and policy guidance that is not restated on the visa page: the sponsor is expected to be at least 18, and, for the child applicant, full-time work is assessed as 35 or more paid hours per week. Details of this kind should be checked against the Department's current published guidance rather than assumed.
Separately, the regulations provide for an application supported by a letter of support from a state or territory government welfare authority (subclause 802.215) instead of a family sponsor; policy guidance indicates this is reserved for protective cases rather than ordinary family sponsorship.
What else does the child have to satisfy?
Beyond dependency and sponsorship, the child must:
- have no partner — not married, not in a de facto relationship and not engaged; if over 18, never married and never had a de facto partner
- meet the health requirement, as must any dependent children applying with them
- meet the character requirement if aged 16 or over
- ensure any debt owed to the Australian Government by them or any member of their family has been repaid, or that there is a formal arrangement to pay it back
- if 18 or over, have read (or had explained) the Life in Australia booklet and signed the Australian Values Statement
- have consent to migrate if under 18 — through written consent from everyone who can legally decide where they live, the home country's law permitting them to leave, or consistency with any Australian child order
The Department also weighs the child's immigration history, so a cancelled visa or refused application can affect eligibility, and it may refuse a grant to an applicant under 18 where that would not be in the child's best interests.
Could citizenship by descent be the better route?
If the child was born outside Australia and one parent was an Australian citizen at the time of the birth, the Department notes the child may be able to apply for Australian citizenship by descent instead of a visa. Where that applies, it removes the visa question entirely.
Once granted, the subclass 802 visa is permanent: the child can stay in Australia indefinitely, work and study, enrol in Medicare, sponsor relatives, attend free English classes through the Adult Migrant English Program if eligible, and later apply for citizenship if eligible.
Frequently Asked Questions
Can I sponsor my child if I hold permanent residency but not citizenship?
Yes. The Department's page lists "Australian permanent visa holder" as a qualifying parent category in its own right, alongside Australian citizen and eligible New Zealand citizen, so citizenship is not a precondition.
My child has just turned 18 — are they still a dependent child?
Only through one of the adult pathways: full-time study up to age 24 with financial dependence on you more than any other person, or the disability pathway if they cannot work full time. Simply living with you is not enough once they turn 18.
Can I sponsor my new partner's child as my stepchild?
Generally no. A stepchild must be the child of the step-parent's former partner, under 18, and covered by an Australian parenting order or guardianship or custody; where you are the current spouse or de facto partner of the child's biological or adopted parent, the dependency requirement is not met.
Does my child need to be in Australia for this visa?
Yes. The official page requires the child to be in Australia both when the application is made and when the decision is made — this is the onshore child visa, distinct from the offshore subclass 101.
Can my child work while studying on this pathway?
They cannot work full time. They must remain a full-time student enrolled in a course leading to a professional, trade or vocational qualification, and attending classes, at both lodgement and decision.
Can the sponsor's criminal record stop the application?
Yes. A pending charge for a registrable offence means the sponsorship and visa application will be refused; a registrable offence conviction means sponsorship can be approved only in very limited circumstances.
What if my child was adopted overseas?
The adoption must have been finalised before they turned 18. If it was finalised after you became a citizen, permanent visa holder or eligible New Zealand citizen, it must fall within one of the intercountry adoption routes — including an Australian state or territory central authority, a Hague Adoption Convention arrangement, or, where no Australian state or territory central authority was involved, an expatriate adoption after more than 12 months living outside Australia.