Subclass 802 step-child cases in 2026: clause 802.212(1A) and when to apply with the parent instead

A stepchild can be granted the Child visa (subclass 802) only in one narrow fact pattern. According to the Australian Department of Home Affairs' official Child visa (subclass 802) page, checked as of August 2026, the child must be the child of the step-parent's former partner, must be 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 of the child under Australian law or the law of another country. If the step-parent is still the spouse or de facto partner of the child's biological or adopted parent, the child does not meet the dependency requirement at all — and the realistic route is to include the child in that parent's own migration case instead of filing a standalone subclass 802 application.

What does clause 802.212(1A) actually require?

Subclass 802 sits in the Migration Regulations 1994. Clause 802.212(1) asks whether the applicant is a dependent child of an Australian citizen, an Australian permanent visa holder or an eligible New Zealand citizen, and, subject to subclause (2), whether they have turned 25. Clause 802.212(1A) then adds a gate: if the applicant is a stepchild, the step-child definition has to be met.

The Home Affairs procedures guidance (PAM3) reads that clause the same way the official page does, but states the test in operational terms — the child's biological parent and the step-parent have separated, and the step-parent has obtained legal responsibility for the child through a court. Because the two formulations come from different documents, the official page's wording is the one to measure a case against; the PAM3 wording is useful for understanding what a decision-maker will look for in the file.

Why is the step-child test drawn so narrowly?

Read as a whole, the criteria treat dependency as something that runs through a single qualifying parent. Where the biological or adopted parent is still in a spousal or de facto relationship with the step-parent, the child's connection to Australia is expected to travel through that parent's own status and application, not through the step-parent. That is also why the official page spells the exclusion out explicitly rather than leaving it to interpretation: a child does not meet the dependency requirement if the step-parent is the current spouse or de facto partner of the child's biological or adopted parent.

The narrowness is not an accident of drafting. It removes the incentive to use a subclass 802 application as a faster or separate track for a child who is already part of a family unit being migrated together through another application.

Does an Australian parenting order have to be in force, or is overseas guardianship enough?

The official page accepts either of two things:

an Australian parenting order in force that says the child is to live with the step-parent and be looked after by them; or
guardianship or custody of the child under Australian law or the law of another country.

The words "in force" matter. An expired, interim or discharged order does not carry the criterion, and an order that deals with contact or child support but not with who the child lives with and who looks after them does not map onto the wording either. PAM3 lists the absence of a court order as one of the standard reasons step-child cases fail, alongside the situation where the parents have not separated.

What if the biological parent is still my partner?

Then the subclass 802 dependency limb fails, regardless of how strong the day-to-day relationship with the child is. PAM3 is direct about the consequence: in these cases the application should not be granted, but the child can be considered as a member of the family unit in the parent's partner visa application.

One detail is worth separating out, because it trips people up. The sponsorship rule on the official page allows the child to be sponsored by an eligible parent or by that parent's spouse or de facto partner. So a step-parent who is the current partner can be the sponsor in principle. What sponsorship does not do is repair the dependency limb — those are two different requirements, and satisfying one does not satisfy the other.

Does the child's age close the door?

For a stepchild, yes at the point of application: the official page requires the stepchild to be under 18. The older-child pathways on the same page — over 18 and under 25 while studying full time, or over 18 with a disability — are routes for a child who qualifies as a dependent child on another basis, not a way around the step-child criteria.

Age at decision is handled differently. Under clause 802.221 of the Migration Regulations 1994, an applicant who was under 18 when they applied continues to satisfy clause 802.212 even if they turn 18 before the decision, except where the only reason for no longer meeting it is age itself. In practice, lodgement timing is the variable a family can control; decision timing is not.

What else does a step-child file still have to show?

The step-child rule is only one limb. The same official page sets out the rest:

Sponsorship. An eligible parent, or that parent's spouse or de facto partner, must sponsor, and the sponsorship must be approved before grant. A pending registrable offence charge means the sponsorship and the visa application must be refused; a registrable offence conviction can be approved only in very limited circumstances.
Consent to migrate. For a child under 18, the visa can be granted only with the written consent of everyone who can legally decide where the child lives, or where the home country's law allows the child to leave, or where grant is consistent with any Australian child order. This is often the hardest item in a step-child case, because a second legal parent may be outside the household.
Best interests of the child. The visa might not be granted if granting it would not be in the best interests of an applicant under 18.
Health and character. The health requirement applies; the character requirement applies to a child aged 16 or over.
Other standard items. Any debt to the Australian Government must be repaid or formally arranged; the child's immigration history is considered, and a cancelled visa or refused application can affect eligibility; children aged 18 or older must sign the Australian values statement.
Location. Under the regulations, the applicant must be in Australia and not in immigration clearance when applying, and must be in Australia at the time of grant.

The regulations also describe subclass 802 as a permanent residence visa with a five-year travel facility.

Where step-child applications usually fail

The recurring failure points are structural rather than documentary: the parents have not separated, or they have separated but the step-parent holds no order giving them responsibility for the child. After that, the common problems are evidence-driven — a relationship breakdown that cannot be evidenced, an order that does not say what the criteria require, a child who has already turned 18, or missing consent from another person with legal authority over where the child lives.

This is general information about published criteria rather than advice on any individual family's case, and the criteria are applied on the evidence actually placed before the decision-maker, so the official pages should be treated as the reference point and a registered migration agent or lawyer consulted where a case sits close to the line.

Frequently Asked Questions

Can I sponsor my stepchild for subclass 802 while still married to their biological parent?

No. The official page states that a child does not meet the dependency requirement if the step-parent is the current spouse or de facto partner of the child's biological or adopted parent. The stepchild route is only open where the child is the child of the step-parent's former partner.

Does a parenting order made outside Australia count?

The official page accepts guardianship or custody under the law of another country as an alternative to an Australian parenting order. What it does not accept is a step-parent with no order or guardianship at all, which is one of the standard reasons these applications are refused.

My stepchild turns 18 while the application is pending — is the case lost?

Not automatically. Clause 802.221 of the Migration Regulations 1994 provides that an applicant under 18 at the time of application continues to satisfy clause 802.212 even after turning 18, except where age alone is the reason for no longer meeting it. What matters is being under 18 on the day the application is lodged.

If subclass 802 is not available, what happens to the child?

PAM3 indicates that where the parents are still together, the child can be considered as part of the parent's partner visa application rather than a separate subclass 802 case. Whether any other category fits depends on the child's own circumstances and the criteria published for that category.

Who has to consent to a stepchild under 18 migrating?

The official page requires the written consent of everyone who can legally decide where the child lives, unless the home country's law allows the child to leave or the grant is consistent with an Australian child order. In a step-child family that can include a biological parent who is not part of the sponsoring household.

Do stepchildren have to meet health and character requirements?

Yes. The health requirement applies to the child, and the character requirement applies where the child is aged 16 or over. Grant also depends on the sponsorship being approved and on the best-interests assessment for an applicant under 18.