Subclass 102 - Adoption Visa
Offshore Visa
About this visa
The Adoption Visa (Subclass 102) is designed for children who have been adopted or are in the process of being adopted by an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. This visa allows the adopted child to live in Australia with their adoptive parents and become a permanent resident. It serves as a pathway for adopted children to join their new families in Australia and enjoy the benefits of Australian residency.
Once granted, the Subclass 102 visa allows the adopted child to live, study, and work in Australia indefinitely. It also provides access to healthcare services and social security benefits. This visa is a crucial step in ensuring the welfare and upbringing of adopted children in Australia, allowing them to thrive in a loving and supportive family environment.
Eligibility for Applicant
- Age:
Under 18 years old - Relationship with sponsor
Adopted Child Relationship: The child is legally adopted or in the process of being adopted by the sponsor.
Adopted children must have been adopted before the age of 18 by a parent who was an Australian citizen, permanent visa holder, or eligible New Zealand citizen at the time of adoption. If the adoptive parent did not hold any of these statuses at the time of adoption, they should consider applying for the Child visa (subclass 101) instead. The child must be single.
- Location:
Applicants must be outside Australia when applying for the visa. - Health and Character:
Applicants must meet the health requirements as specified by the Australian government.
The applicant who is 16 years or older must meet the character requirements. - Debt to the Australian Government:
Applicants must not have any outstanding debts to the Australian government.
Eligibility for Sponsor
- Age:
18 years of age or older. - Be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.
- Character:
The sponsor must meet the character requirements as specified by the Australian government.
Adoption Eligibility
- The child must meet one of the following conditions:
- Be adopted or in the process of being adopted through intercountry adoption involving an Australian state or territory central authority.
- Be adopted or in the process of being adopted through intercountry adoption between two countries (excluding Australia) that are Hague Adoption Convention parties.
- Have undergone expatriate adoption by an Australian citizen, eligible New Zealand citizen, or Australian permanent visa holder, with residence outside Australia for over 12 months before the visa application.
- Citizenship for Hague Convention Adoptions:
Children adopted under the Hague Adoption Convention, whether finalized outside Australia or through a recognized bilateral arrangement, may be eligible for Australian Citizenship. This allows them to enter Australia on an Australian passport without requiring a visa. - Expatriate Adoptions and Government Role:
The Australian Government, including the Department of Home Affairs, plays no part in overseas expatriate adoption processes. It does not provide documents or endorsements for such adoptions, including letters of support or certificates of no objection. - Eligibility Requirements for Expatriate Adoptees:
For a child adopted via expatriate adoption to enter Australia, specific criteria must be met, including:- One adoptive parent residing outside Australia for over 12 months before lodging the visa application.
- The adoptive parent not residing overseas to evade Australia’s intercountry adoption laws.
- Full and permanent parental rights for the adoptive parent (no remaining legal ties to birth parents).
- Adherence to adoption laws in the child’s home country.
- Additional Applicants
If the child has siblings, they cannot be included in the same visa application and must apply separately.
Dependent children of the child can be included in the same application. - Legal Advice:
Legal adoption in an overseas country does not guarantee eligibility for an Adoption (Subclass 102) visa. Independent legal advice is strongly recommended, both in Australia and the child’s usual country of residence, before proceeding with an expatriate adoption
Beginning 14th December 2015, the Department cannot process Adoption visa applications for Pakistani adoptees, as specified in legislation.
Stay Period
It’s permanent visa.
Cost
Visa Application Fee
Primary Applicant: AUD $3,055
Secondary Applicants (18 and over) : AUD $1,530
Dependent Children (under 18) : AUD $765
The fee is subject to the latest pricing set by the Australian Department of Home Affairs.
Processing time
50% processed in 7 months
90% processed in 23 months
The Australian Department of Home Affairs handles visa applications, and it’s essential to provide all required documents with your application. Please note that incomplete applications may result in longer processing times than the estimated duration. Additionally, processing times are subject to change and should be used as a general reference only.
Benefits
- Work in Australia: Holders of the Subclass 102 Visa can work.
- Study: You can pursue further studies or enroll in courses in Australia.
- Family Sponsorship: The applicant can include the dependent children, in the visa application.
- Access to Healthcare: Visa holders can access Medicare, Australia’s public healthcare scheme, which provides essential medical services.
- Multiple Entries: Enjoy multiple entries to and exits from Australia for a period of up to five years, allowing for flexibility in travel.
Frequently Asked Questions
Q: What is the Subclass 102 Adoption Visa?
A: The Subclass 102 Adoption Visa allows children adopted outside Australia to join their adoptive parents who are Australian citizens, permanent residents, or eligible New Zealand citizens in Australia permanently.
Q: Who can be sponsored under the Subclass 102 visa?
A: Adopted children under the age of 18 whose adoptive parents are settled Australian citizens, permanent residents, or eligible New Zealand citizens.
Q: What are the requirements for the Subclass 102 visa?
A: The child must have been adopted with the involvement of an Australian state or territory central authority, or the adoption must be recognized under Australian law.
Q: How long does it take to process the Subclass 102 visa?
A: Processing times vary; check the current times on the Department of Home Affairs website.
Q: Does the child need to meet health and character requirements?
A: Yes, the child must meet certain health standards, and character requirements are applicable for children aged 16 and above.
Q: What is the cost of applying for the Subclass 102 visa?
A: Visa fees vary and are subject to change; refer to the official website for the latest fees.
Q: Can children with special needs be sponsored under this visa?
A: Yes, children with special needs can be sponsored, but the case must meet specific criteria.
Q: Is it mandatory for the adoption to be finalized before applying?
A: Yes, the adoption should be legally complete before applying for the visa.
Q: Can the child travel to Australia before the visa is granted?
A: The child should be outside Australia when the application is lodged and when the visa is granted.
Q: What happens if the child’s circumstances change during the application process?
A: Any significant changes should be reported to the Department of Home Affairs immediately.