Immigration Law

First Entry Deadlines and Visa Conditions on a Child Visa (Subclass 101) in 2026

How the Subclass 101 first entry date works, when a late arrival can lead to visa cancellation, and how to check visa conditions in VEVO.

General information only. This guide explains how Australian law usually works. It is not legal advice. For a decision with real consequences, speak to a licensed Australian lawyer.

On a Child visa (Subclass 101), the first entry date is generally set at 12 months from the date the visa was granted, and the date that actually governs travel is the one written in the child's grant letter. According to the Australian Department of Home Affairs' Child visa (Subclass 101) page (as at the August 2026 version), the child must enter Australia before that date. If they don't, they can still travel on an expired first entry arrival date while the visa itself remains valid — but the visa may still be cancelled before arrival or at the border.

What date does the grant letter set, and what law sits behind it?

The obligation comes from clause 101.611 of the Migration Regulations 1994, which requires the visa holder to enter Australia before the date specified by the Minister. In practice that date appears in the grant letter the family receives when the visa is approved, and the Department's own guidance puts the usual setting at 12 months from the date of grant.

Two dates are easy to confuse here: the date the visa was granted, and the first entry date that flows from it. The first entry date is the one that controls when the child is expected to set foot in Australia, so a family waiting on school terms, a passport renewal or a custody arrangement should read the letter rather than count 12 months from memory.

Can the child still travel after the first entry date has passed?

Yes, but not without risk. The Department's position is that a child who has missed the first entry date can still travel to Australia on the expired date if the visa is still valid. Missing the date does not, by itself, switch the visa off.

The residual risk is cancellation. The Department states plainly that the visa may still be subject to cancellation before arrival or at the border, which means the decision point may not be the airline desk or the family's own planning — it may be an officer's assessment at the moment the child presents.

This is general information about how the rule operates, not advice about any particular family's case. Whether a visa is still valid, and what a late arrival means in a given set of circumstances, depends on the official record at the time of travel and on the individual facts.

How do you check whether the visa is still valid?

Use VEVO, the Department's online check of visa details and conditions. It is also the tool the Department points to for seeing when the 5-year travel facility on this visa ends.

VEVO matters more on this visa than on older paper-label grants, because the Department no longer places a visa label in the passport: the visa is digitally linked to the travel document instead. With nothing to look at in the passport, the online record becomes the practical way for a parent to confirm the child still holds a valid visa before booking flights.

Because the visa is permanent, the question is rarely "has it expired" in the ordinary sense — it is whether the visa is still in effect, whether the travel facility is still open, and what conditions are recorded against it.

Which conditions can be attached to a Subclass 101 visa?

Beyond the first entry requirement, clause 101.612 of the Migration Regulations 1994 allows the Minister to attach one or both of two further conditions. Either will be recorded against the visa and should be visible in VEVO.

Condition What it says What it means in practice
First entry requirement (clause 101.611) The holder must enter Australia before the date specified by the Minister The deadline in the grant letter; generally 12 months from grant
8502 The holder must not enter Australia before a specified date Sets an earliest travel date, so arriving too early can breach the condition
8515 After entry, the holder must not change marital or de facto status where that status was the basis for the grant Protects the relationship basis the visa was granted on

Condition 8502 is the one that surprises families, because it works in the opposite direction to the first entry date: it holds travel back until a set date rather than requiring it before one. Condition 8515 is narrower, and only bites where a marital or de facto status was part of the reason the visa was granted.

The Department's general position on this visa is that the child and their family members must meet all visa conditions and obey Australian laws, and that visa details and conditions can be checked in VEVO.

What else keeps the grant safe after it is issued?

Once the visa is granted, the family's obligations continue. The Department requires notification of changes to the child's passport, the birth of a child, and any change of name, and dependants cannot be added to this visa after a decision has been made — which is a hard edge worth knowing before anyone assumes a later family change can be folded into the grant.

Travel rights also run on their own clock. The child can travel to and from Australia as many times as they wish for 5 years from the date the visa was granted, as long as the travel facility remains valid. After that initial travel facility, returning as a permanent resident requires a Resident Return visa (subclasses 155 and 157), or Australian citizenship, which removes the need for a visa to re-enter.

Does the first entry date matter for citizenship later?

It does, in one specific way. For citizenship purposes, the child's permanent residence starts on the day they enter Australia on this visa — not on the day the visa was granted. A long gap between grant and first entry therefore pushes the citizenship residence clock later, even though the visa itself is permanent and allows the child to stay indefinitely once they arrive.

Frequently Asked Questions

Is the first entry date always 12 months?

The Department's guidance says the first entry date is generally set at 12 months from the date of visa grant. The date stated in the grant letter is the one that applies to the individual child, so that letter should be treated as the reference point rather than a general rule.

Will the visa be cancelled automatically if the child arrives late?

No. The Department states that a child can still travel to Australia with an expired first entry arrival date if the visa is still valid. The risk is that the visa may still be cancelled before arrival or at the border, so the visa's current status should be checked before travel.

How can I see which conditions are on the visa?

Visa details and conditions can be checked in VEVO, and the Department also publishes a visa conditions page for this subclass. Checking before booking travel is the practical step, since the visa is digitally linked to the passport and no visa label is issued.

What is condition 8502 in plain terms?

Condition 8502 says the visa holder must not enter Australia before a specified date. It sets an earliest permitted arrival date rather than a latest one, so travelling earlier than the date shown can put the visa in breach.

What does condition 8515 restrict?

Condition 8515 prevents the holder from changing their marital or de facto status after entry, where that status was the basis on which the visa was granted. It applies only where the relationship status formed part of the reason for the grant.

Does the child get a visa label in the passport?

No. The Department digitally links the visa to the passport and does not issue a label. This is why VEVO is the reliable way to confirm the visa, its conditions and the end date of the travel facility.

Do government payments apply immediately after arrival?

As a newly arrived resident, the child might have to wait to access certain Australian Government payments and benefits. Waiting periods for newly arrived residents are set out by Services Australia.

References

Common questions

Do I need a lawyer or a migration agent?+
Many visa applications are lodged directly. A registered migration agent or immigration lawyer helps with complex or refused matters.
What is a Section 48 bar?+
It limits the visas you can apply for while unlawfully in Australia after a refusal or cancellation. A professional can map your options.
Can I appeal a refused visa?+
Often yes — the Administrative Appeals Tribunal reviews many decisions, but strict time limits apply.
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