Subclass 802 in 2026: how 'dependent child of a citizen, PR or eligible NZ citizen' is assessed

For the Child visa (Subclass 802), the decisive question is whether the applicant is a "dependent child" of a parent who is an Australian citizen, an Australian permanent visa holder (PR), or an eligible New Zealand citizen. That test comes from clause 802.212 of Schedule 2 to the Migration Regulations 1994, read with the regulation 1.03 definition of "dependent child" and applied through the Department of Home Affairs' PAM3 (Procedures Advice Manual) guidance. Based on the Australian Department of Home Affairs' Child visa (Subclass 802) official page as at August 2026, a decision-maker first fixes the child–parent relationship and the parent's status, then applies the age-based dependency rules: under 18, aged 18 to 24 and a full-time student who is financially dependent, or 18 or over and unable to work because of disability. In practice, applications fail less often on the parent's status than on evidence gaps — unproven financial dependence, breaks in full-time study, and step-child or adoption files that do not match the regulatory definitions. This article is general information only and does not constitute personalised professional advice; your circumstances should be checked against the official latest published requirements or a professional opinion.

How does clause 802.212 frame the "dependent child" test?

Clause 802.212(1) requires the applicant to be a dependent child of a person who is an Australian citizen, the holder of a permanent visa, or an eligible New Zealand citizen, and, subject to subclause (2), to have not turned 25. Subclause (1A) adds that a stepchild applicant must meet the step-child definition, and subclause (2) provides that the age limit does not apply where the applicant is a dependent child relying on the incapacitated-for-work limb of the definition. The Australian Department of Home Affairs' Child visa (Subclass 802) official page describes the same parent categories and relationship types.

Who counts as the qualifying parent?

The parent must be an Australian citizen, an Australian permanent visa holder, or an eligible New Zealand citizen. The child can be the parent's biological child, adopted child, or stepchild, but a stepchild only counts if they are the child of the step-parent's former partner. A child does not meet the dependency requirement if the stepparent is the current spouse or de facto partner of the child's biological or adopted parent.

What does "dependent child" mean under regulation 1.03?

Regulation 1.03 treats a child under 18 as dependent without further enquiry. From 18, the child must be financially dependent on the parent, and at 25 or over the dependency can generally only continue through the disability limb — incapacity for work. The Home Affairs page translates this for the 18-to-24 group into three cumulative elements: the child must be a full-time student when applying and when the application is decided, must not work full time, and must be financially dependent on the parent more than any other person. For the over-18 disability group, the child must have totally or partially lost bodily or mental functions, cannot work full time, and must be financially dependent on the parent.

How do decision-makers test dependency by age group?

Under 18: relationship and consent, not financial dependence

For applicants under 18, dependency is presumed once the qualifying parent relationship is established, so the evidential focus moves elsewhere. The Home Affairs page requires consent to migrate: either the written consent of everyone who can legally decide where the child lives, or the child's home country laws allowing them to leave, or consistency with an Australian child order. The department may also refuse the visa if granting it would not be in the best interests of an applicant under 18.

Aged 18 to 24: full-time study, no full-time work, financial dependence

The child must be a full-time student both when applying and when the application is decided, cannot work full time, and must be financially dependent on the parent more than any other person. A full-time student is enrolled in a full-time course leading to a professional, trade or vocational qualification and is attending classes. Study should have started since turning 18, or within 6 months (or a reasonable time) of finishing school; any gap of more than 6 months between the final year of school and the start of further studies must be explained. PAM3 guidance treats full-time work as about 35 hours or more a week of paid work and expects the course to be at least equivalent to a TAFE certificate level, supported by enrolment and participation records such as transcripts.

Aged 18 or over with a disability

The child must have totally or partially lost their bodily or mental functions, cannot work full time, and must be financially dependent on the parent. This limb is what allows the clause 802.212(2) age limit to be displaced, so the medical evidence of incapacity for work carries the whole dependency argument. The official page does not set a separate upper age for this group beyond the disability and financial-dependence requirements.

Which relationships satisfy the child–parent link, and where do files fail?

Biological, adopted and step-child cases

Biological relationship is normally shown by a birth certificate, and PAM3 records DNA testing as a last-resort option where documents are missing and the parties cooperate voluntarily. For adopted children, the adoption must have been finalised before the child turned 18. If the parent was already an Australian citizen, Australian permanent visa holder or eligible New Zealand citizen at the time of the adoption, the adoption must be an intercountry adoption with the involvement of an Australian state or territory central authority, an intercountry adoption under a Hague Adoption Convention arrangement between two countries other than Australia, or 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. For stepchildren, the child must be the child of the step-parent's former partner and be under 18, and the step-parent must have 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.

The evidence gaps that most often break a Subclass 802 claim

Financial dependence not proven for the 18-to-24 group. The test is dependence on the parent more than any other person, so remittances, bank statements, accommodation and living-cost evidence are needed, not only a parental statement.
Study not continuous or not qualifying. A course that does not lead to a professional, trade or vocational qualification, part-time enrolment, or an unexplained gap of more than 6 months after the final year of school.
Full-time work alongside study. Paid work at or above PAM3's benchmark of about 35 hours a week contradicts the requirement not to work full time.
Marital or partnership history for over-18 applicants. The child cannot be married, in a de facto relationship or engaged, and if over 18 must never have been married or had a de facto partner.
Step-child cases where the parents' relationship has not ended, or where the step-parent has no parenting order or custody.
Adoption finalised at or after 18, or an expatriate adoption without the required 12 months of residence outside Australia before finalisation.
Sponsorship not approved, or the sponsor and/or their spouse or de facto partner has a pending registrable offence charge, which requires refusal, or a registrable offence conviction, which can be approved only in very limited circumstances.

Can the dependency test be displaced by a welfare authority letter?

Under clause 802.215, sponsorship is normally by the eligible parent or the parent's spouse or de facto partner, and the Home Affairs page confirms sponsorship must be approved before the visa can be granted. The Migration Regulations and PAM3 also describe a separate pathway: if the application is supported by a letter of support from a State or Territory government welfare authority, clause 802.216 provides that the clause 802.211 to 802.214 conditions — including the clause 802.212 dependency and age test — do not have to be satisfied, and clause 802.226A applies instead. PAM3 presents this pathway as intended for vulnerable children and requires the letter to meet the definition, including the agency's seal and a manager or director-level signature with details of the agency's involvement and continuing role.

Frequently Asked Questions

What is the age limit for Subclass 802, and does turning 25 during processing end the application?

The applicant must not have turned 25 at the time of application, unless the dependency claim relies on the incapacitated-for-work limb in regulation 1.03 and clause 802.212(2) applies. If the applicant was already 18 or over when applying, clause 802.221(2) allows the application to continue to be assessed against the 18-to-24 rules after turning 25, provided the study and no-full-time-work conditions in clause 802.214 continue to be met. The Home Affairs page describes the age routes as under 18, over 18 and under 25 and studying full time, or over 18 with a disability.

Does an 18-year-old child need to prove financial dependence?

Yes, if the child is 18 to 24 and relying on the student route, the official page requires financial dependence on the parent more than any other person, together with full-time study. A child under 18 is presumed dependent and does not need to meet that financial-dependence evidence. For the disability route at 18 or over, financial dependence on the parent is also required, alongside incapacity for work.

Can a stepchild qualify if the parent is still in a relationship with the child's other parent?

No. The official page states a stepchild must be the child of the step-parent's former partner and be under 18, and dependency is not met if the stepparent is the current spouse or de facto partner of the child's biological or adopted parent. The step-parent must also have an Australian parenting order in force, or guardianship or custody under Australian or foreign law.

What study evidence is needed for the 18-to-24 full-time student group?

The child must be enrolled in and attending a full-time course leading to a professional, trade or vocational qualification, both when applying and when the application is decided. Study should have begun since turning 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 further study must be explained. The child also cannot work full time.

Does an adoption that happened after the parent became a citizen or permanent resident have extra conditions?

Yes. The adoption must still have been finalised before the child turned 18, and if the parent already held Australian citizenship, permanent residence or eligible New Zealand citizenship at the time of the adoption, the adoption must fall within one of the listed routes: an intercountry adoption involving an Australian state or territory central authority, a Hague Adoption Convention arrangement between two other countries, or an expatriate adoption by a person who lived outside Australia for more than 12 months before finalisation. Evidence of the route and of the required residence is where such cases most often fail.

Can a child who is engaged, or who has never married, still apply?

The child cannot be married or in a de facto relationship and cannot be engaged to be married. If the child is over 18, the official page adds that they must never have been married or had a de facto partner, so a past marriage or de facto relationship disqualifies an adult applicant. This condition is separate from the financial-dependence and study tests.