An Australian citizen can sponsor their 21-year-old child for a Child visa (subclass 101). If the child is already in Australia, the relevant visa is subclass 802. The child must be single, apply before turning 25, and study full-time on a continuing basis. The child must also depend on the sponsoring father for food, clothing and shelter more than on anyone else, including the mother.
This is a very common question among parents whose child lives with the other parent after separation. Dr. Sirous Ahmadi, Registered Migration Agent (MARA 0854826), explains that in these cases proving “dependency” is, above all, what decides the outcome.
The right visa and the role of the sponsor
The legal pathway for an Australian citizen to bring a child over 18 is the Child visa (subclass 101). If the child is in Australia at the time of application, subclass 802 applies. The citizen father is the child’s sponsor and lodges the sponsorship undertaking on Form 40CH. The child must also meet the health and character requirements.
The dependency test: the hardest part of the case
According to Dr. Ahmadi, the dependency criterion is defined in regulation 1.05A and is a comparative assessment. For a substantial period, the child must have been wholly or substantially reliant on the father’s financial support for all three basic needs: food, clothing and shelter. That reliance must be greater than the child’s reliance on the mother or any other person or source.
Where the child lives with the mother and she provides their accommodation, money transferred by the father alone is unlikely to be enough. The father’s support must outweigh the mother’s in amount, in continuity, and in covering all three needs.
The study requirement and the age limit
A child aged 18 or older must be studying full-time on a continuing basis. That study must have continued since the age of 18, or have started within a reasonable period after the child completed a course equivalent to Australian Year 12. For a 21-year-old, any gap in study after school matters a great deal. The application must also be lodged before the child turns 25.
The age limit and the full-time study requirement do not apply to a child who is wholly or substantially unable to work because of a total or partial loss of bodily or mental functions.
Is the mother’s consent required?
The questions about custody and parental responsibility on Form 47CH relate to children under 18. For a 21-year-old child, a custody consent from the mother therefore does not appear to be required. The details of the single-status requirement are also best checked directly against the legislation in an individual assessment of the case.
Every family’s circumstances are different. If you want to know, before lodging, how strong your child’s dependency evidence and study records are, a calm and careful conversation with Dr. Sirous Ahmadi can clarify the path to bringing your child to join you.
Read the full legal breakdown ←
This answer reflects the law and policy as verified on November 10, 2026. Immigration rules change frequently — confirm the current position before acting.
Dr. Sirous Ahmadi Registered Migration Agent 0854826
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.