A Dependent Child is defined as:
- A child who is less than 18 years old, or
- A person aged more than 18 and less than 25, and who is dependent on the parent, or who is incapacitated for work because of a physical or mental disability.
- a Natural child, adopted child, or stepchild of a sponsor (sponsor must be an Australian Citizen or permanent resident) can apply for a permanent residency visa.
The child must:
- Have been adopted under the laws of a country other than Australia, and the adoptive parent must have been living outside Australia for more than 12 months at the time of the application, or
- Have been adopted under the Adoption Convention - meaning that an Australian State or Territory adoption authority supports the adoption (verified in writing), or
- Be intending to come to Australia for the adoption to be completed. In this circumstance the parent must have been approved by the relevant State or Territory welfare authority as a suitable person to adopt the child, or
- Have been allocated to a parent for adoption under the provisions of the Adoption Convention, or a bilateral adoption agreement between Australia and a prescribed country.
A child who has been adopted by Australian sponsors and who is already in Australia should apply for a permanent residency visa via the Dependent Child Visa.
An orphan relative is defined in the Migration Regulations 1994 as a person who:
- Is aged less than 18, and
- Does not have a spouse, and
- Is a relative of an Australian citizen, permanent resident, or an eligible New Zealand citizen.
In addition, the visa applicant must be in a position where he or she cannot be looked after by either parent because both are dead, or permanently incapacitated, or of unknown whereabouts, and it will be in the best interests of the applicant if he or she settles with the relative in Australia.
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