Bringing your child to live permanently in Australia is one of the most meaningful steps a parent can take. The Child Visa Subclass 802 allows children who are already in Australia to stay and live permanently with their eligible parent. But what if the child is your stepchild or an adopted child? Are they eligible too?
Also read about- The Best Child Visa Subclass 802
The good news is yes—under the right conditions, both stepchildren and adopted children can qualify for the Subclass 802 visa. However, the rules can be a little more complex compared to biological children.
In this article, we explain the eligibility criteria, required documents, and key things to keep in mind when applying for a Child Visa 802 for stepchildren and adopted children in 2025.
✅ Stepchildren: Are They Eligible?
Yes, stepchildren may be eligible for the Subclass 802 visa if certain conditions are met.
To qualify, the child must:
Be the child of your current or former partner, and
Be under 18 years old, and
The sponsor (you) must be the partner or former partner of the child’s biological parent, and
The sponsoring relationship must still exist in a meaningful way (if former partner, legal obligations or ongoing guardianship must apply).
Additional points:
If the biological parent is not migrating or residing in Australia, the sponsor must usually show legal responsibility or custody for the child.
The Department of Home Affairs will assess whether the step-parent genuinely acts in a parental role.
???? What Documents Are Needed for Stepchildren?
Proof of relationship (e.g. marriage certificate or de facto relationship registration with the biological parent)
copyright of the child showing the biological parent’s name
Evidence of custody or legal responsibility (especially if the biological parent is not involved)
Form 1229 (Consent form from non-migrating parent)
Family Court orders (if applicable)
✅ Adopted Children: Are They Eligible?
Yes, adopted children can also apply for the Subclass 802 visa, but the adoption must meet Australian legal standards.
Key eligibility rules:
The adoption must be legal and fully recognised under Australian or overseas law.
The adoption must have occurred before the child turned 18.
The sponsor (adoptive parent) must be an Australian citizen, copyright, or eligible New Zealand citizen.
The child must be in Australia at the time of application and visa decision.
???? What Documents Are Needed for Adopted Children?
Legal adoption order or certificate
copyright or identity document showing both adoptive parents’ names
Proof of Australian citizenship or permanent residency of the sponsor
Form 1229 (if both biological/adoptive parents are not migrating)
Evidence of ongoing relationship and dependency
Note: If the adoption was facilitated by the Australian government, the Department will review whether it complies with international adoption laws.❗ Important Considerations
1. Parental Consent and Custody
If the child is under 18 and not all legal parents are migrating to Australia, you must provide evidence of:
Written consent from the non-migrating parent, or
Court orders giving you full parental responsibility.
2. Child’s Marital Status
Stepchildren and adopted children must be:
Unmarried,
Not engaged, and
Not in a de facto relationship.
3. Age Limit
Typically under 18 years,
Or under 25 years and financially dependent full-time student,
Or over 18 with a disability that prevents work and requires ongoing support.
???? Application Process in Brief
Ensure the child is in Australia on a valid visa.
Gather all supporting documents, including proof of relationship and parental consent.
Submit the application online to the Department of Home Affairs.
Wait for the outcome while the child remains on a Bridging Visa A.
Final Thoughts
Both stepchildren and adopted children can absolutely apply for the Child Visa Subclass 802, provided all legal, relationship, and custody requirements are met. The key is ensuring your documents clearly show that the child is under your care, dependent on you, and legally permitted to live in Australia.
If your situation involves complex custody, overseas adoption, or shared parenting arrangements, it’s wise to seek advice from a registered migration agent to avoid delays or refusals.