Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p1
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 1/9)
Character Range: 2076394–2079161

Schedule 2—Provisions with respect to the grant of Subclasses of visas

Subclass 802—Child
802.1—Interpretation

802.111
  In this Part:
letter of support means a letter of support provided by a State or Territory government welfare authority that:
 (a) supports a child's application for permanent residency in Australia; and
 (b) sets out:
 (i) the circumstances leading to the involvement of a State or Territory government welfare authority in the welfare of the child; and
 (ii) the State or Territory government welfare authority's reasons for supporting the child's application for permanent residency in Australia; and
 (c) describes the nature of the State or Territory government welfare authority's continued involvement in the welfare of the child; and
 (d) shows the letterhead of the State or Territory government welfare authority; and
 (e) is signed by a manager or director employed by the State or Territory government welfare authority.
Note: eligible New Zealand citizen is defined in regulation 1.03.
802.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. However, if an application for a visa is supported by a letter of support from a State or Territory government welfare authority, no member of the family unit is able to satisfy the secondary criteria unless regulation 2.08 applies.
802.21—Criteria to be satisfied at time of application

802.211
  If the applicant is a person to whom section 48 of the Act applies, the applicant:
 (a) has not been refused a visa or had a visa cancelled under section 501 of the Act; and
 (b) since last applying for a substantive visa, has become a dependent child of:
 (i) an Australian citizen; or
 (ii) the holder of a permanent visa; or
 (iii) an eligible New Zealand citizen.

802.212
 (1) The applicant:
 (a) is a dependent child of a person who is an Australian citizen, holder of a permanent visa or eligible New Zealand citizen; and
 (b) subject to subclause (2), has not turned 25.
 (1A) If the applicant is a step‑child of the person mentioned in paragraph (1)(a), the applicant is a step‑child within the meaning of paragraph (b) of the definition of step‑child.
 (2) Paragraph (1)(b) does not apply to an applicant who, at the time of making the application, was a dependent child within the meaning of subparagraph (b)(ii) of the definition of dependent child.

802.213
 (1) If the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in subclause 802.212(1) is an adoptive parent of the applicant, the applicant:
 (a) was under 18 when the adoption took place; and
 (b) meets