Adoption visa
(subclass 102)
This visa enables children adopted outside Australia to reside in the country with their adoptive parent.
- Migrate to Australia as a permanent resident to reside with their adoptive parent.
- Pursue studies and access Medicare facilities.
- Apply for Australian citizenship if they meet eligibility criteria.
- Have been under 18 years of age at the time of adoption, application, and decision-making.
- Be located outside Australia during the application and decision-making process.
- Be adopted or in the process of being adopted by their sponsoring parent.
Intercountry adoption
We are unable to facilitate the arrangement of adoptions or issue letters of no objection. Our responsibility lies in evaluating and adjudicating visa applications.
For information on adopting a child overseas, please refer to Intercountry Adoptions Australia.
Please note that we are unable to process adoption visa applications for children adopted in Pakistan.
With this visa the child can
- Reside in Australia indefinitely with their adoptive parent.
- Engage in work and study activities within Australia.
- Enroll in Australia’s public healthcare scheme, Medicare.
- Have the option to sponsor their relatives to come to Australia.
- Apply for Australian citizenship, subject to meeting eligibility criteria.
Travel to and from Australia for 5 years
The child is permitted to travel to and from Australia as frequently as desired for a period of 5 years from the visa’s issuance date, provided the travel facility remains valid.
If the child wishes to travel beyond the initial 5-year period:
- They must apply for and receive a Resident Return (RRV) to re-enter Australia as a permanent resident.
- Additionally, they may consider pursuing Australian citizenship. As Australian citizens, they no longer require a visa for entry. Instead, they must obtain an Australian passport for international travel. Further details on eligibility requirements and processing times for Australian citizenship can be found through relevant channels.
- To determine the expiration date of the travel facility, utilize VEVO.
How long the child can stay
This is a permanent visa. It lets the child stay in Australia indefinitely.
The child becomes a permanent resident on the day we grant the visa.
Include other children
If the child has siblings seeking to apply for an Adoption visa, it’s necessary to submit separate applications for each sibling.
Dependent children of the child can be included in their application upon submission or added later before a decision is made. All dependent children must meet our health requirements.
Additionally, family members who aren’t planning to relocate to Australia may also need to fulfill our health requirements.
Cost
The visa fee for the main applicant is AUD3,055.00.
Additionally, there’s an extra charge for each dependent child of the main applicant who applies for the visa.
Further costs may be incurred for health examinations, police certificates, and biometrics.
To estimate the total visa cost, you can use the Visa Pricing Estimator tool. However, please note that this tool doesn’t include additional expenses.
Apply from
The child must be outside Australia when the application is submitted.
Processing times
For an estimate of processing times for this visa, you can utilize the visa processing time guide tool. However, please note that this tool provides general processing times for recently decided applications and may not be specific to your individual application.
The processing of your application might be delayed if:
- It is not completed accurately and comprehensively.
- It lacks any required documents, or if we require additional information.
- It takes us time to verify the provided information.
Please ensure that the correct visa application fee is paid, as failure to do so can result in the application not being processed. We will notify you if there are any issues with the payment, and if necessary, return the application.
Your obligations
Visa label
The visa will be electronically linked to the child’s passport. They will not receive a physical label in their passport.
Eligibility
Be adopted or in the process of being adopted
To be eligible to apply for an Adoption visa (subclass 102), the child must meet one of the following criteria:
- They must have been or be in the process of being adopted through an intercountry adoption or arrangement with the involvement of an Australian state or territory central authority.
- They must have been or be in the process of being adopted through an intercountry adoption between two countries (other than Australia) that are parties to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (the Hague Adoption Convention).
- They must have been adopted through an expatriate adoption, with no Australian state or territory central authority being involved. The adoption must be by an Australian citizen, an eligible New Zealand citizen, or the holder of an Australian permanent visa. Additionally, they must have been residing outside Australia for more than 12 months immediately before lodging the visa application.
For further information on adopting a child, you can refer to Intercountry Adoptions Australia.
Children adopted under the Hague Adoption Convention
A child may be eligible for Australian Citizenship if the intercountry adoption meets one of the following criteria:
- The adoption is finalised outside Australia under the Hague Convention.
- The adoption is part of a recognised bilateral arrangement.
If Australian citizenship is granted to the child, they can enter Australia using an Australian passport and will not need to apply for a visa.
For further information, you can refer to the resources provided under “Become an Australian citizen (by adoption).”
Expatriate adoptions
The Australian Government, including the Department of Home Affairs, does not play a role in the overseas expatriate adoption process. This means that the government does not provide documents supporting or endorsing expatriate adoptions overseas, such as letters of support or certificates of no objection.
If an overseas authority requests a document of support for an expatriate adoption, they can be directed to email [email protected]
The Australian Government only assesses and decides adoption visa applications, granting visas only if all eligibility requirements are met.
For expatriate adoptees entering Australia, specific eligibility criteria must be fulfilled. These include:
- At least one adoptive parent must have resided outside Australia for more than 12 months immediately before lodging a visa application.
- The adoptive parent must not have resided overseas to avoid Australia’s intercountry adoption laws.
- The adoptive parent must have full and permanent parental rights, with no remaining legal ties between the child and the birth parents.
- The adoption must adhere to the adoption laws of the home country.
It’s advisable to seek independent legal advice both in Australia and in the child’s country of usual residence before proceeding with an expatriate adoption.
Have a sponsor
The child applying for the Adoption visa (subclass 102) must be sponsored by an eligible adoptive parent or prospective adoptive parent. The sponsorship must be approved by the Department of Home Affairs. However, it’s important to note that sponsorship might not be approved if the sponsor or their partner has been charged or convicted of offenses involving children. Measures are in place to protect the welfare of children, and these factors are taken into consideration during the sponsorship approval process. Further information about these measures can be found to ensure the safety and well-being of children involved in the visa application process.
Be this age
The child must meet one of the following criteria:
- Be under 18 years of age.
- Be over 18 years of age and financially reliant on the parent who holds the temporary Partner or Dependent Child visa.
Meet the health requirement
The child applying for the Adoption visa (subclass 102) and any dependent child included in their visa application must meet the health requirement set by the Department of Home Affairs. In cases where a health waiver is possible for an adoption visa applicant, the circumstances will be carefully examined. Additional information about health waivers can be found to provide clarity on this matter. It’s also important to note that family members who are not planning to migrate to Australia may also be required to meet the health requirement. This ensures the health and well-being of all individuals involved in the visa application process.
Meet the character requirement
If the child is aged 16 years and older, they must satisfy our character requirement.
Additionally, we may request that other dependent children applying for the visa also meet this requirement.
Repay debt to the Australian Government
If the child or any member of their family has any outstanding debt owed to the Australian Government, it is necessary to either repay the debt in full or establish a formal arrangement to repay it. This requirement ensures compliance with Australian immigration regulations and financial responsibilities.
Best interests of the child
We might not grant this visa if it is not in the best interests of an applicant under 18.
Conditions
8502 - Not arrive before person specified in visa
You must not enter Australia before the person specified in the visa has entered Australia. This is usually the main visa holder or other relevant person such as your sponsor in the case of a Partner visa.
8515 - Must not marry or enter into a de facto relationship before entry
You are not allowed to marry or enter into a de facto relationship before entering Australia on this visa. Failure to comply with this condition may result in the cancellation of your visa if it is discovered that you were engaged, married, or in a de facto relationship before the visa was granted and you did not inform the authorities. If your contact details change, it is important to update them accordingly.