Your teenager is studying in Melbourne on a student visa while the rest of the family is overseas, and someone at school says to “just apply for the offshore child visa.” Location at lodgement is not a detail you can fix later; it decides whether Subclass 101 or 802 is even open.
Both are permanent Child visas for a dependent child of an eligible Australian parent, but 101 is the offshore pathway, and 802 is the onshore pathway. Lodging the wrong subclass can delay reunion by months or lead to refusal, even when the family relationship is clear.
This article helps sponsors match 101 or 802 to the child’s current location, visa status, and circumstances without repeating every dependency rule (see Subclass 802 dependent child eligibility and dependent child criteria).
Should you lodge Subclass 101 or 802 for your child?
Use a simple location test first:
- Child outside Australia when you apply (and when the visa is granted, unless a rare exception applies) → Subclass 101.
- Child already in Australia on a valid basis to apply for 802 → Subclass 802.
If both seem possible, stop and check where the child must be at decision; you cannot usually treat 101 as an onshore application or 802 as an offshore one. When the parent is on a partner visa with a child to add, Subclass 445 may apply instead of 101/802 alone (comparison of four subclasses).
What do Subclass 101 and 802 have in common?
Before comparing location, note what does not change between 101 and 802:
| Shared element | Summary |
| Outcome | Permanent residence for the child when granted (Medicare and citizenship pathways subject to law) |
| Sponsor | Eligible Australian citizen, permanent resident, or eligible New Zealand citizen (parent or qualifying partner sponsor) |
| Dependent child | Same reg 1.03 concept age, dependency, incapacity; 802.212 / 101.211 and 802.214 / 101.213 mirror for 18+ study/work rules |
| Age cap | Not turned 25 at application (with incapacity exceptions) |
| Health & character | Standard migration requirements |
| Fees | Same visa charge tier for main applicant on current visa pricing; confirm at lodgement |
The subclass number is about where the child is, not a “better” or “faster” permanent visa.
When Subclass 101 is the correct child visa
Subclass 101 (Child offshore) fits when:
- The child is outside Australia when the application is lodged.
- The child is outside Australia when the visa is granted. In normal cases, the offshore pathway expects the child to enter after grant (or as directed), not to wait in Australia on a bridging visa for a 101 grant.
- The case is a standard dependent child of the sponsor, not primarily an adoption matter (102) or a 445 partner-linked child.
Typical families: child lives overseas with the other parent or relatives; child finishes school offshore while the Australian parent sponsors permanent migration.
While 101 processes: the child usually needs a valid temporary visa (or other lawful means) to visit Australia if visits are planned; 101 itself does not authorise living in Australia during processing the way an onshore 802 with bridging might.
When Subclass 802 is the correct child visa
Subclass 802 (Child onshore) fits when:
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- The child meets requirements to apply onshore, typically holding a substantive visa (student, visitor, dependent on partner visa, etc.) or another valid pathway described in current instructions.
- The child will remain in Australia while the application is processed; a bridging visa may keep lawful status after lodgement when criteria are met.
Typical families: child already studying in Australia on a student visa; child entered on a visitor visa and a permanent route is now viable; child lawfully in Australia with the sponsoring parent.
802 is not a shortcut for a child who lives overseas full time; that remains 101. Getting the child into Australia for 802 requires a separate temporary visa strategy first.
What if your child’s location changes during processing?
Location at lodgement and decision both matter. Scenarios sponsors ask about:
- Child in Australia on 802, travels overseas; departures can affect bridging and 802 criteria; get advice before long trips.
- Child overseas on 101, enters Australia on a temporary visa mid-process does not automatically switch the case to 802; you may need a new strategy (sometimes withdraw/re-lodge fact-specific).
- Turning 18 or 25 during processing: dependency and study rules can change at decision on both subclasses (802 eligibility explained).
Subclass 101 vs 802 at a glance
| Question | Subclass 101 | Subclass 802 |
| Child at application | Outside Australia | Inside Australia (valid application basis) |
| Child at grant (usual) | Outside Australia | Inside Australia |
| Permanent outcome? | Yes | Yes |
| Bridging while waiting | Not applicable offshore | Often yes onshore |
| Dependency/age rules | 101.211 / 101.213 | 802.212 / 802.214 (parallel structure) |
| Best first check | Passport stamps + lodgement location | VEVO + current visa |
When neither 101 nor 802 is the right visa
| Situation | Look instead |
| Adoption outside Australia (not standard biological/step child 101 case) | Subclass 102 Adoption |
| Child of parent on provisional partner visa (309/820) | Subclass 445, then partner permanent stage |
| Orphan relative criteria | Subclass 117 (offshore) / 837 (onshore) different tests |
| Child not a dependent child under reg 1.03 | Other family or temporary visas: professional assessment |
Choosing 101 when 445 is required (or 102 for adoption) wastes time and can jeopardise partner timelines.
How to decide in three steps
- Write down where the child is today: physical location + current visa (if any). Run VEVO if they are in Australia.
- Match location to subclass outside → 101 · inside with valid onshore basis → 802 · partner pipeline → 445 · adoption → 102.
- Confirm dependency age, study, incapacity, relationship evidence (dependent child criteria) before lodgement, not after a Request for Information.
Speak to a MARA-registered agent to confirm 101 vs 802 against your dates and visas.
Common mistakes when choosing 101 or 802
- Lodging 101 while the child is living in Australia as if location were flexible
- Lodging 802 for a child who is primarily overseas without a lawful onshore story
- Ignoring 445 when the sponsor holds 820/309
- Using 101/802 for adoption instead of 102
- Assuming a permanent partner already granted means 445 is unnecessary for a later-added child; facts differ
- No plan for lawful status if 802 bridging ends or 101 child visits during processing
For example (illustrative only, not a real case): a sponsor lodges Subclass 101 while the child has been living in Australia on a student visa for two years; the case fails because the onshore pathway was 802, not an offshore 101.
If the wrong subclass may have been lodged, book a child visa consultation with passports, VEVO, and any refusal letter.
