If your child is in Australia and you’ve already lodged an offshore Child visa (Subclass 101), you might be wondering whether it’s possible to “convert” it to an onshore Child visa (Subclass 802) instead. Perhaps you’re hoping to save on visa application charges, speed up processing, or simply take advantage of the fact that the child is already in Australia.
Unfortunately, the short answer is no — you can’t convert a Subclass 101 to a Subclass 802. But there are still important things to understand about each pathway and what your options are.
What’s the Difference Between a Subclass 101 and 802?
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Both the Subclass 101 (Child) and Subclass 802 (Child) visas allow a dependent child to join their parent in Australia permanently. The key difference is where the child must be at the time of application and at the time of decision:
- Subclass 101 (Offshore): The child must be outside Australia when the visa is granted
- Subclass 802 (Onshore): The child must be in Australia when both the application is lodged and when the visa is granted
Can You Switch From a 101 to an 802?
No. There is no mechanism to convert or transfer an offshore child visa application to an onshore one. They are separate visa subclasses with separate applications and separate visa application charges. If you’ve lodged a Subclass 101 and want to pursue a Subclass 802 instead, you would need to lodge an entirely new application — and pay the visa application charge again. There is no refund available for the original 101 application.
What About Processing Times?
Processing times for child visas can be lengthy. Offshore child visa applications lodged through Australian diplomatic missions overseas have been taking a considerable amount of time, and unfortunately there’s no guaranteed way to speed up the process. Onshore applications (Subclass 802) may also take time, though some applicants have reported faster acknowledgement.
One key advantage of lodging onshore is that a valid Subclass 802 application generally triggers a Bridging Visa A (BVA), which allows the child to remain lawfully in Australia while the application is being processed. However, there have been cases where the BVA grant was delayed even after acknowledgement — in those situations, you can follow up through the Department’s online forms or contact the Child and Orphan Relative Visa Processing Centre.
Which Option Is Right for Your Family?
The right approach depends on your specific circumstances, including where the child currently is, their existing visa status, and how urgently you need the visa granted. Some key considerations:
- If the child is already in Australia on a valid visa, a Subclass 802 may be the better option as it allows them to stay in Australia throughout processing
- If the child is overseas, the Subclass 101 is the appropriate pathway
- If you’ve already lodged a 101 and the child has since come to Australia, you’ll need to weigh up whether lodging a separate 802 application is worthwhile given the additional cost
- In all cases, ensure the child has a valid visa or bridging visa to remain lawful while any application is being processed
Need Help With a Child Visa Application?
Child visa applications can be complex, especially when deciding between offshore and onshore pathways. We can help assess your situation and recommend the best approach for your family.
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Disclaimer: This blog post provides general information only and is current at the time of publishing. It is not intended as legal or migration advice specific to your situation. For personalised advice, please book a consultation with one of our registered migration agents.
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