A parent who has separated from their partner, while their child lives overseas with the other parent, often assumes that Australian citizenship alone is enough to bring the child over. For a child who has turned 18, that is not the case. The law sets several strict requirements, and the most important is financial dependency. In this article, Dr. Sirous Ahmadi, Registered Migration Agent (MARA 0854826), walks through the legal pathway for a 21-year-old child step by step and shows where cases involving separated parents are most vulnerable.
The short answer
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. Several requirements must be met at the same time. The application must be lodged before the child turns 25. The child must not be married, engaged or in a de facto relationship. From the age of 18, the child must have studied full-time and continuously. For food, clothing and shelter, the child must also depend on the sponsoring father more than on anyone else, including the mother. Health and character requirements must be met as well.
What does the law say?
Visa type: On subclass 101, the Department of Home Affairs says: This visa allows a child outside Australia to come to Australia to live with their parent. The child must be dependent on a parent who is an Australian citizen, an eligible New Zealand citizen or an Australian permanent resident. For a child who is inside Australia, the subclass 802 visa allows the child to remain in Australia and live with their parents. The child applies for the visa using Form 47CH, and the sponsoring parent lodges the sponsorship using Form 40CH (Sponsorship for a child to migrate to Australia). The two forms are submitted together.
Definition of “dependent child”: Under regulation 1.03 of the Migration Regulations 1994, a “dependent child” is a child or stepchild of a person, other than a child who is engaged to be married or who has a spouse or de facto partner. Marriage, engagement and a de facto relationship are therefore each a barrier.
The dependency test (regulation 1.05A): This is the most important part of the case. A person is treated as “dependent” when at the time of assessment, and for a substantial period before it, they were wholly or mainly reliant on the financial support of that person to meet the basic needs of food, clothing and shelter. In addition, their reliance on that person must be greater than their reliance on any other person or source for those same needs. This is a comparative test. The father’s support must exceed the mother’s and that of any other source, it must have continued over a long period, and it must cover all three needs.
Age requirement and the incapacity exception: According to the official explanatory statement to the 1999 amendment, an applicant for the subclass 101 visa must be under 25 years of age at the time of application. This requirement does not apply to an applicant who is wholly or mainly unable to work because of the total or partial loss of bodily or mental functions. If the child turns 25 while the application is being processed, that is not a problem. The rule exists so that an applicant who turns 25 during processing is not refused a visa merely because of the change in age.
Study requirement (clause 101.213): The text as made in 1999 states that if the applicant has turned 18, the applicant must not be engaged to be married, must not have a spouse and must never have had a spouse, must not be in full-time employment, and must, since turning 18, or within 6 months or a reasonable time after completing the Australian equivalent of Year 12, have undertaken a full-time course at an educational institution leading to a professional, technical or vocational qualification. This requirement also does not apply to an applicant who is unable to work because of a physical or mental disability. The study requirement must still be satisfied at the time of the decision.
The mother’s consent: On Form 47CH, the other parent’s consent is given on Form 1229 (Consent to grant of an Australian visa to a child under the age of 18 years) or by statutory declaration. This requirement relates to the custody of children under 18. For a 21-year-old child, therefore, custody consent from the mother is not required.
Key requirements for a 21-year-old child’s visa
- Sponsor: An Australian citizen (you). You complete Form 40CH.
- Child’s location: Subclass 101 if the child is outside Australia, and subclass 802 if the child is inside Australia.
- Age: The application must be lodged before the child turns 25.
- Relationship status: The child must not be married, engaged or in a de facto relationship.
- Study: A full-time course leading to a qualification, started at 18 or shortly after finishing secondary school and continued without a break. The child must not be in full-time employment.
- Financial dependency: Substantial, long-term reliance on you for food, clothing and shelter, and greater reliance on you than on the mother or any other source. Form 47CH asks for evidence showing the child’s financial dependency on the parent for the basic needs of food, shelter and clothing, and how long that support has lasted. This evidence can include bank statements, money transfer records, rent receipts and similar documents.
- Gap in studies: According to Form 47CH, if there is a gap of more than six months between finishing secondary school and starting further study, a written explanation of the gap must be provided.
- Incapacity exception: If the child is unable to work because of a physical or mental disability, the age requirement and the study requirement do not apply.
- Health and character: According to the Department of Home Affairs archived page (updated 2018), the child must meet the health requirement and a child over 16 must meet the character requirement.
- The other parent’s consent: Required only for a child under 18, and not relevant to the case of a 21-year-old child.
What does this mean for you?
In cases involving separated parents, the dependency test is usually the most contested issue. Dr. Sirous Ahmadi explains that your child lives with their mother. If the mother provides the child’s housing, your monthly transfers alone are unlikely to be enough to prove dependency. The law asks who carries the greatest share of the child’s food, clothing and shelter, not whether you have sent money. You therefore need to document that you paid the rent or housing costs, tuition fees and day-to-day expenses through a traceable channel, and that this arrangement has continued for a substantial period.
The second point is continuity of study. A 21-year-old who did not study for a period after secondary school, or who worked full-time, will need precise documents and a convincing explanation. The good news is that because your child is over 18, you do not need the mother’s cooperation for custody consent. Your case depends above all on how well organised and strong your financial and study evidence is. In the experience of Dr. Sirous Ahmadi, Registered Migration Agent, a successful case is built before it is lodged. You need to assess the history of financial support, identify any gaps, and lodge the application well before the child’s 25th birthday.
Sources
- Family Migration program – About child visas (Department of Home Affairs, updated 2026)
- Subclass 101 Child visa (Department of Home Affairs)
- Child visa (subclass 101) – Department of Home Affairs archived page (updated 2018)
- Form 47CH – Application for migration to Australia by a child
- Form 40CH – Sponsorship for a child to migrate to Australia
- Migration Regulations 1994 – Reg 1.05A Dependent
- Migration Regulations 1994 – Reg 1.03 Definitions
- Explanatory Statement – Migration Amendment Regulations 1999 (No. 13)
- Migration Amendment Regulations 1999 (No. 13) – Schedule 2
Have your case assessed before you lodge
You are bringing your child to Australia at an important stage of their life, between study and independence. This case needs to be built correctly from the very beginning. If you want to know how your financial support measures up against the dependency test, and whether your child’s study history meets the continuity requirement, Dr. Sirous Ahmadi, Registered Migration Agent (MARA 0854826), can review your family’s particular circumstances and give you a clear plan for gathering evidence and timing your application.
Frequently asked questions
Can an Australian citizen bring their 21-year-old child to Australia?
Yes. This is possible with a Child visa (subclass 101), or subclass 802 if the child is in Australia. The requirements are these: the application must be lodged before the child turns 25, the child must not be married, engaged or in a de facto relationship, the child must have studied full-time and continuously since turning 18, and the child must depend financially on the sponsoring parent more than on anyone else.
If my child lives with their mother, is sending money enough?
Usually not. Under regulation 1.05A, the child’s reliance on you for food, clothing and shelter must be greater than their reliance on any other person, including their mother, and it must have continued for a substantial period. If the mother provides the housing, money transfers alone are usually not enough.
Is the mother’s consent required for a 21-year-old child?
No. Custody consent on Form 1229 is required for children under 18 and is not relevant to the case of a 21-year-old child.
What happens if my child turns 25 while the application is being processed?
If the application was lodged before the child turned 25, turning 25 during processing is not in itself a barrier to the visa being granted. However, the full-time study requirement and the other requirements must still be met at the time of the decision.
Is there an exception for a child with a disability?
Yes. If the child is unable to work because of the total or partial loss of bodily or mental functions, the age requirement of 25 and the full-time study requirement do not apply to them.
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.