Child Born Overseas to an Australian Parent in 2026: Subclass 802 vs Citizenship by Descent

If your child was born outside Australia and one parent was an Australian citizen at the time of the birth, the Australian Department of Home Affairs states that the child may apply for Australian citizenship by descent instead of a visa to travel to Australia. The Child visa (Subclass 802) is the alternative path: a permanent visa for a child who is dependent on a parent who is an Australian citizen, an eligible New Zealand citizen, or an Australian permanent visa holder. This article follows the Department of Home Affairs Child visa (Subclass 802) official page, as of August 2026, and treats the two routes as a choice between becoming a citizen first and becoming a permanent resident first. It is general information for readers comparing options, not advice tailored to any one family, so the official pages and a qualified practitioner remain the reference point for an actual case.

Can my child skip the visa and go straight to citizenship by descent?

The Subclass 802 page answers this directly with two conditions. The child may apply for Australian citizenship by descent instead of a visa if the child was born outside Australia, and one of their parents was an Australian citizen at the time of their child's birth.

Both conditions have to be read at the moment of birth, not at the moment of application. A parent who became an Australian citizen after the child was born does not satisfy the second condition on the face of the 802 page, which is exactly when the visa path becomes relevant.

The 802 page sets out only these two gateway conditions and then points to the Department's citizenship by descent page for the full criteria. Anything beyond these two conditions — forms, evidence, or further requirements — belongs to that separate citizenship process and is not covered by the child visa material.

Who can the Subclass 802 child visa be based on?

The child must be dependent on a parent who is an Australian citizen, an eligible New Zealand citizen, or an Australian permanent visa holder. That parent relationship can be biological, adoptive, or a stepchild relationship, but only where the child is 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. For adopted children, the adoption must have been finalised before the child turned 18, and adoptions made after the parent became an Australian citizen, permanent visa holder or eligible New Zealand citizen must fall into one of the intercountry or expatriate adoption routes described on the official page.

A stepchild must be the child of the step-parent's former partner and be aged under 18, and the step-parent must hold an Australian parenting order in force saying the child is to live with and be looked after by them, or have guardianship or custody under Australian law or the law of another country.

Does my child's age change which path applies?

Age is one of the clearest dividing lines in the 802 rules. The child must be under 18, or over 18 and under 25 and studying full time, or over 18 with a disability.

• Under 18: dependent on an eligible parent, and the grant also depends on consent to migrate.
• 18 to 24: must be a full-time student 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. The course must lead to a professional, trade or vocational qualification and the child must be attending classes. Study should have started since turning 18 or within 6 months (or a reasonable time) of finishing school, and gaps of more than 6 months must be explained.
• 18 or older with a disability: must have totally or partially lost bodily or mental functions, cannot work full time, and must be financially dependent on the parent.

The child also cannot be married or in a de facto relationship, and cannot be engaged to be married; if over 18, they must never have been married or had a de facto partner. These dependency and relationship conditions sit on the visa side of the choice — they are conditions of the 802 application, not of the two citizenship-by-descent gateway conditions above.

What else has to be cleared before an 802 visa can be granted?

Beyond the parent, age and relationship tests, the Department lists a set of requirements that apply to the child and, in some cases, to people connected to them.

• Sponsorship: the child must be sponsored by an eligible parent or that parent's spouse or de facto partner, and the sponsorship must be approved before the visa can be granted. Sponsorship will be refused if the sponsor, or their spouse or de facto partner, has a pending registrable offence charge; a registrable offence conviction can only be approved in very limited circumstances.
• Health: the child, and any dependent children applying with them, must meet the health requirement. Dependent children who are not applying may also need to meet it.
• Character: children aged 16 and over must meet the character requirement.
• Debt: any money owed to the Australian Government by the child or a family member must be repaid or covered by a formal arrangement to repay.
• Values statement: children aged 18 or older must have read, or had explained to them, the Life in Australia booklet and sign the Australian Values Statement.
• Immigration history: a cancelled visa or refused application can affect eligibility.
• Consent and best interests: for a child under 18, the visa is granted only with the written consent of everyone who can legally decide where the child lives, or where the home country's laws allow the child to leave, or where it is consistent with an Australian child order. The Department may also refuse if granting would not be in the best interests of an applicant under 18.

Where does the child have to be when the 802 application is lodged?

The child must be in Australia, and not in immigration clearance, both when the application is submitted and when the Department makes its decision. A child cannot apply for this visa while in Australia on another visa that carries a no further stay condition.

This is a practical fork in the decision. A family whose child is still living overseas is looking at the citizenship-by-descent question first, or at a different visa in the child visa family, because 802 itself is decided and lodged onshore.

What does the 802 visa actually give the family?

Subclass 802 is a permanent visa. The child can stay in Australia indefinitely and becomes a permanent resident on the day the visa is granted.

With the visa the child can work and study in Australia, enrol in the public healthcare scheme Medicare, sponsor relatives to come to Australia, attend free English language classes under the Adult Migrant English Program if eligible, and apply for Australian citizenship if eligible. The visa is digitally linked to the child's passport rather than issued as a label.

The child's dependent children can be included in the application when it is lodged, or at any time before a decision is made, and those dependent children must meet the health requirement. Siblings who also want to apply need separate applications, and no family member can be added after the application has been decided — a later family member requires a new visa application.

How do travel rights differ between the two paths?

On 802, the child can travel to and from Australia as many times as they want for 5 years from the date the visa is granted, as long as the travel facility remains valid. The end date of that facility can be checked in VEVO.

After the initial 5-year travel facility, the child needs to apply for and be granted a Resident Return visa (subclasses 155 and 157) to re-enter Australia as a permanent resident. The Department's own framing on the page is that the family may also want to consider Australian citizenship at that point, because an Australian citizen does not require a visa to re-enter Australia.

That difference is the heart of the sequencing question for families planning across more than one jurisdiction: citizenship by descent removes the travel-facility question at the start, while 802 defers it and adds a later decision about a Resident Return visa or naturalisation.

If the child takes the 802 route, when does the clock start for citizenship?

For citizenship purposes, the child's permanent residence starts on the day the 802 visa is granted. The Department states that after a certain time the child might be eligible for Australian citizenship, and refers readers to the becoming-a-citizen material for the eligibility requirements and current processing times.

What does the 802 path cost, and how long does it take?

The official page does not present a single headline figure for the main applicant; it directs applicants to the Visa Pricing Estimator to work out what the visa will cost, and notes that the estimator does not include other costs. There is a charge for each dependent child who applies with the main applicant, and there may be separate costs for health exams, police certificates and biometrics.

From 1 July 2026, a lower visa application cost applies to eligible Pacific Island and Timor-Leste citizens who lodge a valid application, based on holding a valid passport from a listed country; family members are also eligible for the lower cost, based on the primary applicant's passport.

For timing, the Department points to the visa processing time guide tool, which shows times for recently decided applications and is described as a guide only, not specific to an individual application. Processing can take longer if the form is not filled in correctly, documents are missing or further information is needed, information takes time to verify, or the visa application charge is not paid in full at lodgement. Applicants should receive an acknowledgement, with any associated bridging visa advice, within approximately one month of lodgement.

How should a family sequence the decision?

1. Check whether the child was born outside Australia.
2. Check whether one parent was an Australian citizen at the time of that birth.
3. If both are true, read the Department's citizenship by descent criteria before spending anything on a visa.
4. If the parent was not an Australian citizen at the time of birth, assess the 802 parent link: Australian citizen, eligible New Zealand citizen, or Australian permanent visa holder.
5. Confirm the child's age bracket and whether the study, disability, dependency or relationship conditions are met.
6. Confirm the child will be in Australia, and not in immigration clearance, at lodgement and at decision.
7. Work out the cost through the Visa Pricing Estimator and plan for health exams, police certificates and biometrics.
8. Weigh the 5-year travel facility of 802 against the no-visa re-entry that comes with citizenship.

Assume a child born overseas whose Australian-citizen parent naturalised two years after the birth. The second descent condition is not met on the face of the 802 page, so the family would be looking at the visa route, with the child in Australia at lodgement and decision, and with permanent residence starting on the grant date for any later citizenship step.

Assume instead a child born overseas to a parent who was already an Australian citizen at the birth. The 802 page puts citizenship by descent on the table as an alternative to a visa, and the family's decision shifts from "which visa" to whether the citizenship criteria are met — a question answered on the Department's citizenship by descent page, not on the child visa page.

Frequently Asked Questions

Can my child skip the 802 visa and apply for citizenship by descent?

Yes, potentially, if the child was born outside Australia and one parent was an Australian citizen at the time of the birth. The Department of Home Affairs says the child may apply for Australian citizenship by descent instead of a visa to travel to Australia in that situation. The full criteria for descent are set out on the Department's citizenship by descent page rather than on the child visa page.

Is my child automatically an Australian citizen if I am one?

The 802 page does not describe citizenship as automatic. It says a child born outside Australia to a parent who was an Australian citizen at the time of the birth may apply for Australian citizenship by descent, which is an application process. The Subclass 802 visa is the route for children who need a visa instead.

Does the child have to be in Australia for the 802 application?

Yes. The child must be in Australia, and not in immigration clearance, when the application is submitted and when the Department decides it. A child in Australia on another visa with a no further stay condition cannot apply for this visa.

What happens to travel rights after five years on the 802 visa?

The child can travel to and from Australia freely for 5 years from the grant date, as long as the travel facility remains valid. After that, the child needs to be granted a Resident Return visa (subclasses 155 and 157) to re-enter as a permanent resident. The Department notes that Australian citizenship is the other option, because citizens do not need a visa to re-enter.

When does permanent residence start if the child gets the 802 visa?

The child becomes a permanent resident on the day the visa is granted, and for citizenship purposes their permanent residence starts on that same day. After a certain time, the child might become eligible for Australian citizenship. The official page does not set out that period, so the becoming-a-citizen material is the reference.

Can I include my other children in one 802 application?

No, not siblings — each sibling who wants to apply needs a separate application. The child's own dependent children can be included when the application is lodged or at any time before a decision is made, and they must meet the health requirement. No family member can be added after the application has been decided.

Can a stepchild qualify for the 802 visa?

A stepchild can qualify only as the child of the step-parent's former partner, and must be under 18. 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. 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.

References

• Australian Department of Home Affairs — Child visa (Subclass 802)