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Adoption visa (subclass 102) – Overview

The Adoption visa (subclass 102) allows a child adopted outside Australia to live permanently with their adoptive parent(s) in Australia. It is a permanent residence visa, and the child must be outside Australia when the application is lodged and when the visa is granted.

Who can be an adoptive parent (sponsor)

To sponsor a child for this visa, the adoptive parent must be:

  • An Australian citizen
  • A holder of an Australian permanent resident visa
  • An eligible New Zealand citizen
  • Over 18 years of age

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

Who can apply as a child

The child must:

  • Be under 18 years old
  • Be living outside Australia at the time of application and visa grant
  • Be already adopted or in the process of being adopted
  • Meet health and character requirements
  • Have no outstanding debts to the Australian Government (or have arranged repayment)

Children turning 18 before the application is decided are not eligible.

Best interests of the child

The visa will generally not be granted if it is against the best interests of the child.

Guardianship

If the adoption is not finalised or not recognised by an Australian state/territory authority:

  • The Minister for Immigration and Border Protection acts as the guardian
  • Guardianship powers are delegated to state or territory welfare authorities
  • Minister stops being the guardian if:
    • The child becomes an Australian citizen
    • The child turns 18 years old
    • An Australian adoption order is made

Rights and benefits of the visa

Once granted, the Adoption visa allows the child to:

  • Travel to and stay in Australia permanently
  • Work and study in Australia
  • Enrol in Medicare (Australia’s public health care scheme)
  • Apply for Australian citizenship (if eligible)
  • Sponsor eligible relatives for permanent residence
  • Travel in and out of Australia for 5 years from visa grant; after that, another visa is needed to enter Australia

Health and character requirements

  • Health: Must meet certain health standards (results valid for 12 months). This applies to the child and any included family members.
  • Character: Children over 16 years old must provide police certificates for all countries where they lived 12+ months in the past 10 years.

Family and included dependents

  • You can include other children in the application if they meet health, character, and relationship requirements.
  • Siblings must lodge their own application.

Sponsor obligations

As a sponsoring parent, you must:

  • Provide financial support and accommodation for the child’s first 2 years in Australia
  • Help the child settle in Australia
  • Support the child in attending English language classes if required
  • Be responsible for any welfare costs of the child, if requested by the Department

An Assurance of Support may be requested by the Department to ensure costs are not borne by the Australian community. Do not provide one unless requested.

Costs

  • Application fees start from AUD 3,140
  • Other costs may include health assessments and police clearances

Key points to remember

  1. The child must be outside Australia when applying and when the visa is granted.
  2. The visa grants permanent residence, not temporary stay.
  3. The sponsor must meet Australian citizenship or residency requirements.
  4. Adoption from certain countries (e.g., Pakistan) is not eligible since 2015.
  5. Compliance with Australian laws and visa conditions is mandatory for the child.

This visa is specifically for international adoptions, ensuring children adopted outside Australia can legally live, study, and integrate permanently with their adoptive family.

Article by Saryia

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