Applying for Subclass 802 in 2026 While Holding a No Further Stay Condition
Explains why a no further stay condition blocks an onshore Child visa (Subclass 802) application in 2026, and what that changes for your planning.
If your child is in Australia on a visa that carries a no further stay condition, they cannot lodge a Child visa (Subclass 802) application here — and that is stated directly, not inferred. As at August 2026, the Department of Home Affairs Child visa (Subclass 802) official page says plainly that the child can't apply for this visa if they are in Australia on another visa with a no further stay condition. The rule sits next to the two location rules for the visa: the child must be in Australia, but not in immigration clearance, both when the application is submitted and when the decision is made. Read together, there is no onshore pathway to lodge while that condition is attached to the visa they currently hold.
What does the no further stay condition actually block?
The condition is a bar on applying, not just on being granted. The official page attaches it specifically to lodgement: the restriction is about whether an 802 application can be made at all while your child is in Australia on the affected visa.
The bar is also written around a particular visa, not the person permanently. The wording is "on another visa with a no further stay condition", so the questions that matter are: which visa is actually in force on the day of lodgement, and does that visa carry the condition?
Two more constraints operate regardless:
- The child must be in Australia when the application is submitted.
- The child must be in Australia, and not in immigration clearance, when the decision is made.
Both come from the same official page, and the same requirement appears in the Migration Regulations 1994 as a criterion for this subclass. This article is general information only and is not advice about any one child's circumstances, so anything that turns on your family's specific visa history should be checked against the current official source rather than assumed.
Why can't I just lodge now and sort the problem out later?
Because lodging doesn't create a placeholder you can repair later. Three practical consequences follow from what the official step-by-step guide describes:
- An application that is incomplete or improper may be treated as invalid, and the Department does not process invalid applications. You would be notified, and the application may be returned.
- The application charge is not refunded if the application is refused.
- Nothing about the paper lodgement route lets you bypass the eligibility rules; the forms are checked against the criteria for the subclass.
Could my child leave Australia and apply from offshore instead?
No — leaving removes the one thing this visa requires. Subclass 802 is an onshore visa: the child has to be in Australia when the application is submitted. If they go offshore, they are outside the lodgement requirement rather than around the condition, and they would then need a valid visa to come back at all.
The Department's own step-by-step guidance makes the related point for applications that are validly lodged: if the child needs to travel while the application is being processed, you must tell the Department, make sure they hold a valid visa to return, and remember that they must be in Australia when the decision is made. Those safeguards only exist for people who were eligible to lodge in the first place.
Is there a bridging visa to wait on?
Not from an 802 application you were barred from lodging. A bridging visa associated with the application arises when the application is made; the Department's guidance says that if the child's current visa expires before a decision, that associated bridging visa starts and lets them stay lawfully while the application is processed. But if no eligible application exists, there is no associated bridging visa to fall back on.
The practical consequence is that staying lawful depends on whatever visa the child currently holds. Letting status lapse creates a separate set of problems that have nothing to do with the condition itself.
Assume, purely as a hypothetical, that a child holds a visa with a no further stay condition that expires in two months. Nothing about the expiry automatically fixes the 802 problem — what matters is whether the visa they then hold still carries the condition at the moment they lodge.
How can I confirm whether the condition is actually on the visa?
Check the visa grant notification. The Department's written outcome for a granted visa sets out the visa grant number, the start date and any visa conditions, and the same advice is to keep that grant letter available while you are in Australia. That document is the place where a no further stay condition would appear for the visa your child currently holds.
Where a visa was granted some time ago, or has been replaced by another visa since, confirm which visa is currently in effect — the bar applies to the visa in force at lodgement.
What opens up once the condition no longer applies?
Nothing about 802 becomes optional; the same location rules apply. But the lodgement mechanics are different from most other family visas, so it helps to know them before the timing becomes urgent:
- Applications must be made on paper, using Form 47CH (Application for migration to Australia by a child) and Form 40CH (Sponsorship for a child to migrate to Australia), completed in English.
- Payment has to be made before submission through the online portal payment function in ImmiAccount, and evidence of payment has to travel with the application.
- Applications cannot be submitted in person. They go by post or courier to the Child and Other Family Processing Centre in Perth, at the address shown on the form.
- Send certified copies only, not original documents, and keep a full copy of the application yourself.
- After you receive the acknowledgement letter, you can import the application into ImmiAccount using the application ID, date of birth and the child's identity document number, which gives access to uploading documents, messages and status updates.
The cost is set out on the official page through the Department's Visa Pricing Estimator, with a charge for each dependent child included and separate possible costs for health exams, police certificates and biometrics.
What should families watch when planning the timing?
Presence at decision time is the one that surprises people. Even after a valid lodgement, the child must physically be in Australia when the decision is made, so any travel during processing has to be planned around that.
On speed, the Department publishes a processing time guide tool showing processing times for recently decided applications, described as a guide only and not specific to your application. Processing times vary between applications, so treat any figure as a rough indication rather than a commitment — the Department's visa processing time guide tool is the reference, and the latest official figures published there govern.
Two things from the official guide affect how smoothly a valid application runs: you should receive an acknowledgement within approximately one month of lodgement, and the Department does not give progress updates within normal processing times. Applications can take longer where forms are filled in incorrectly, documents are missing, information takes time to verify, or full payment isn't made at initial lodgement. And if the application is refused, the notification sets out the reasons and any review rights, with no refund of the charge.
Frequently Asked Questions
Can my child lodge a Subclass 802 application onshore while their visa carries a no further stay condition?
No. As at August 2026, the Department of Home Affairs Subclass 802 official page states that the child can't apply for this visa if they are in Australia on another visa with a no further stay condition. The bar applies at the moment of lodgement, so it blocks the application being made, not merely the grant.
Does leaving Australia get around the condition?
No. Subclass 802 requires the child to be in Australia when the application is submitted, so departing moves them out of the requirement rather than around the condition. They would also need a valid visa to return, and if a valid application had already been lodged, they still have to be in Australia when the decision is made.
What happens if we lodge anyway and the application is not accepted?
Incomplete or improper applications may be treated as invalid, and the Department does not process invalid applications — you are notified and the application may be returned. Where an application proceeds and is refused, the charge is not refunded and the notification explains the reasons and any review rights.
Where do we check whether the condition applies at all?
Check the visa grant notification, which sets out any visa conditions for the visa that was granted, and confirm which visa is in force on the day you intend to lodge. The restriction is framed around the visa the child is on, so the condition attached to that visa at lodgement is what counts.
Can the application be lodged online?
No. The paper route is the only route: Form 47CH and Form 40CH, completed in English, paid through the ImmiAccount online portal payment function before submission, and posted or couriered to the Child and Other Family Processing Centre in Perth as shown on the form. Certified copies only, and never original documents.
If the child could apply, would they get a bridging visa to wait on?
Yes, once a valid application is made. The bridging visa associated with the application is granted at lodgement, and if the child's current visa expires before a decision, that bridging visa starts and lets them stay lawfully during processing. Without a valid application there is no associated bridging visa.
Does the child have to stay in Australia the whole time?
They do have to be in Australia when the decision is made, and not in immigration clearance. If they need to travel while a valid application is being processed, you must tell the Department and make sure they hold a valid visa to return.
Do siblings go on the same application?
No, each sibling who wants to apply needs a separate application. The child's own dependent children can be included either when they apply or any time before the decision is made, and dependent children applying for the visa must meet the health requirement.