Adoption visa (subclass 102)

Adoption visa (subclass 102)
Adoption Visa Overview

The Adoption Visa allows a child adopted overseas to live with their adoptive parents in Australia.

Adoptive Parent Eligibility: To sponsor a child for this visa, an adoptive parent must be:

An Australian citizen

A holder of an Australian permanent resident visa

An eligible New Zealand citizen

Child Eligibility: The child must:

Be outside Australia when the application is lodged and when the visa is granted

Be under 18 years old

Be adopted or in the process of being adopted

Be sponsored by an adoptive or prospective adoptive parent

Visa Features: This visa allows a child adopted outside Australia to move to Australia and live permanently with their adoptive parents.

Eligibility Criteria for the Child: To be eligible for this visa, the child must:

Be younger than 18 years old

Live outside Australia

Be adopted or in the process of being adopted by the sponsoring parent

Meet health and character requirements

If the child turns 18 before the application is decided, they will no longer be eligible for the visa.

The adoptive parent must meet one of the following criteria:

Be an Australian citizen

Hold an Australian permanent resident visa

Be an eligible New Zealand citizen

Best Interests of the Child: The visa will generally not be granted if it is against the best interests of a child under 18.

Health Requirements: The child and any family members included in the application must meet health requirements, which are typically valid for 12 months.

Character Requirements: Children aged 16 or older must meet character requirements, including providing police certificates from countries they’ve lived in for 12 months or more over the past 10 years.

Debts to the Australian Government: The child must have no outstanding debts to the Australian Government or have made arrangements to repay any such debts.

About the Adoption Visa (Subclass 102): The Adoption Visa (Subclass 102) allows a child adopted overseas to live with their adoptive parent in Australia. The parent usually sponsors and applies for the visa on behalf of the child.

This visa grants permanent residency. If the adoption is managed by a state or territory adoption authority, the application can be lodged before the adoption is finalized.

Note: Since December 14, 2015, the Department does not accept Adoption Visa applications for children adopted in Pakistan.

Visa Benefits for the Child: The child will be able to:

Live in Australia indefinitely

Work and study in Australia

Enroll in Medicare (Australia’s health care system)

Apply for Australian citizenship, if eligible

Sponsor eligible relatives for permanent residency

Travel to and from Australia for five years from the date the visa is granted; after this period, another visa will be needed for re-entry.

Guardianship of Overseas-Adopted Children: If the adoption isn’t finalized or recognized by an Australian authority when the child arrives, the Minister for Immigration and Border Protection becomes the guardian until:

The child becomes an Australian citizen

The child turns 18

An Australian adoption order is made

Location and Duration of the Visa:

The child must be outside Australia when the visa application is lodged and decided.

This visa provides permanent residency.

Including Family Members: You can include the child in the visa application. Documentation must be provided to prove the relationship. Any included family members must meet health and character requirements. However, siblings must lodge their own visa applications.

Child’s Obligations: The child must comply with all Australian laws and visa conditions, including:

Entering Australia by the specified date

Not getting married or entering a de facto relationship before arriving in Australia

The Department must be informed in writing of any changes that could affect the child’s or sponsor’s visa eligibility.

Sponsorship Information: The sponsoring parent is usually responsible for preparing and lodging the visa application on behalf of the child.

Who Can Sponsor a Child: To sponsor a child for this visa, you must:

Be the child’s adoptive or prospective adoptive parent

Be over 18 years of age

Be an Australian citizen, permanent resident, or eligible New Zealand citizen

You do not need to be in Australia to sponsor the child. You can sponsor the child if:

You’ve previously entered Australia but are currently outside the country

You’ve been granted an Australian permanent resident visa but have not yet entered Australia

Sponsor Obligations: You may be required to provide an assurance of support to ensure the child does not become a financial burden on the Australian community. Only provide this if specifically requested by the Department.

As a sponsor, you must:

Cover any government costs associated with the child’s stay in Australia

Provide suitable accommodation and financial support for the child’s first two years in Australia

Assist the child in settling in Australia

Support the child in attending any required English language classes