Subclass 102 - Offshore Adoption Visa
The Subclass 102 visa allows children adopted by Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia as permanent residents. It provides the right to stay, study, and work indefinitely, with access to healthcare and social benefits, supporting the child’s integration into a stable and caring family environment.
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
| Requirements | ||
|---|---|---|
| Age |
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| Relationship with sponsor |
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| Marital Status |
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| Location |
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| Debt to the Australian Government |
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| Health & Character |
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Eligibility for Sponsor
| Requirements | ||
|---|---|---|
| Age |
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| Citizenship or Residency |
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| Character |
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Adoption Eligibility
| Requirements | ||
|---|---|---|
| Child Conditions |
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| Hague Citizenship |
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| Government Role |
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| Expatriate Criteria | For a child adopted via expatriate adoption to enter Australia, specific criteria must be met, including:
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| Additional Applicants |
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| Legal Advice |
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| Restrictions |
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Cost
| Cost | |
|---|---|
| Primary Applicant | AUD 3,235 |
| Secondary Applicants (aged 18 and over) | AUD 1,615 each |
| Dependent Children (under 18) | AUD 810 each |
The fee is subject to the latest pricing set by the Australian Department of Home Affairs.
Stay Period
-
It’s permanent visa.
Benefits
- Work in Australia: Holders of the Subclass 102 Visa can work.
- Study: You can pursue further studies or enroll in courses in Australia, which can enhance your skills and qualifications.
- Family Sponsorship: The applicant can include eligible family members, such as your dependent children, in your 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
Can the adopted child apply for a 102 visa if the adoption was completed after turning 18?
No. The adoption must be legally completed before the child’s 18th birthday.
Does it matter if the adoption happened before or after the adoptive parent became an Australian citizen or permanent resident?
Yes. Different legal pathways apply. If the adoptive parent was already Australian at the time, the adoption must meet strict requirements, such as being arranged under the Hague Convention or through an Australian state/territory authority.
What if the adoption was arranged privately overseas without Australian authority involvement?
Private overseas adoptions are often not recognised. Legal advice should be obtained in both Australia and the child’s country of origin to assess risks before applying.
Does the adopted child need to be outside Australia when applying for the 102 visa?
Yes. The Subclass 102 is an offshore visa, requiring the child to be outside Australia at both lodgement and grant.
Can stepchildren be included under the 102 visa?
No. Stepchildren are not eligible for the Adoption visa. They may be considered under the Child visa (Subclass 101 or 802) instead.
What if the adoption is not recognised in the child’s country of origin?
The adoption must be legally valid in the country where it took place. If not, the child may not meet eligibility for the 102 visa.
What if the adoptive parent dies before the visa is granted?
The application may continue only in very limited circumstances, depending on the best interests of the child and available supporting carers.
Are Hague Convention adoptions automatically accepted for the 102 visa?
No. Even Hague Convention adoptions must still meet Australian migration law requirements, including sponsorship and character checks.
Can more than one adopted child be sponsored under the 102 visa?
Yes, but each child requires a separate application. Sponsors must meet financial and legal obligations for every application.
Does the adopted child need to meet health and character requirements?
Yes. All adopted children must pass Australia’s health and character checks, regardless of adoption status.
Note: This FAQ is general information only and not legal advice. Settings (e.g., eligibility tests, exemptions, and evidentiary rules) can change; always check the latest legislative instruments before applying.
