Adoption Visa (Subclass 102)

The Adoption Visa (Subclass 102) is a type of visa that allows children who have been adopted outside of Australia to live in the country with their adoptive parent. This visa is designed to provide a pathway for children to join their adoptive families in Australia and establish a permanent residence.

Process

In order to be eligible for the Adoption Visa (Subclass 102), the child must meet the following requirements:

• The child must have been under 18 years of age when adopted, when the application is submitted, and when the decision is made.
• The child must be outside of Australia when the application is submitted.
• The child must be adopted or in the process of being adopted by their sponsor parent.

It is important to note that the Department is not currently requiring Family visa applicants to travel offshore due to COVID-19 visa concessions.

If you are seeking assistance with your visa application, it is recommended that you read the information on Who can help with your visa application before engaging the services of a professional.

With This Visa

With the Adoption Visa (Subclass 102), the child can:

• Migrate to Australia as a permanent resident to live with their adoptive parent.
• Study and access Medicare.
• Apply for Australian citizenship if eligible.

Visa Stay

The Adoption Visa (Subclass 102) allows the child to stay in Australia indefinitely with their adoptive parent. This visa provides permanent residency status to the child.

Visa Cost

The cost for the Adoption Visa (Subclass 102) varies. To determine the exact cost, it is recommended to use the Visa Pricing Estimator. Please note that additional costs may apply for health exams, police certificates, and biometrics.

Visa Processing Time

For an indication of processing times for the Adoption Visa (Subclass 102), you can use the visa processing time guide tool. This tool provides an estimate based on recently decided applications, but please keep in mind that processing times may vary.

With This Visa, the Child Can

With the Adoption Visa (Subclass 102), the child can:

• Stay in Australia indefinitely with their adoptive parent.
• Work and study in Australia.
• Enroll in Australia's public healthcare scheme, Medicare.
• Sponsor their relatives to come to Australia.
• Apply for Australian citizenship, if eligible.

Intercountry Adoption

It is important to note that the Australian Government does not arrange adoptions or issue letters of no objection. Their role is to assess and decide applications for visas. For more information on adopting a child overseas, you can visit the Intercountry Adoptions Australia website. Please be aware that adoption visa applications for children adopted in Pakistan cannot be accepted.

Travel to and from Australia for 5 Years

The child holding the Adoption Visa (Subclass 102) can travel to and from Australia as many times as they want for 5 years from the date the visa is granted. However, after the initial 5-year travel facility, they will need to apply for a Resident Return (RRV) visa to re-enter Australia as a permanent resident. Alternatively, they may consider applying for Australian citizenship, which would eliminate the need for a visa to enter Australia. To determine the end date of the child's travel facility, you can use VEVO.

How Long the Child Can Stay

The Adoption Visa (Subclass 102) grants the child permanent residency, allowing them to stay in Australia indefinitely. The child becomes a permanent resident on the day the visa is granted.

Include Other Children

If the child has siblings who also wish to apply for the Adoption Visa (Subclass 102), separate applications must be submitted for each sibling. Dependent children of the child who apply for the visa can be included in the application or added at any time before a decision is made. It is important to note that all dependent children must meet the health requirement, and family members who are not coming to Australia may also need to meet the health requirement.

Cost

The cost for the Adoption Visa (Subclass 102) depends on the main applicant and any additional dependent children included in the application. It is recommended to use the Visa Pricing Estimator to calculate the total cost, taking into account any additional costs such as health exams, police certificates, and biometrics.

Apply From

The child must be outside of Australia when the application for the Adoption Visa (Subclass 102) is submitted.

Processing Times

Processing times for the Adoption Visa (Subclass 102) can vary depending on various factors, such as the accuracy and completeness of the application and the need for additional information. It is important to ensure that the correct visa application charge is paid to avoid delays or return of the application.

Your Obligations

As the adoptive parent or sponsor, you and any dependents must obey all Australian laws.

Visa Label

The Adoption Visa (Subclass 102) will be digitally linked to the child's passport. They will not receive a physical label in their passport.

Eligibility Criteria

In order to be eligible for the Adoption Visa (Subclass 102), the child must meet the following criteria:

• The child must have been or be in the process of being adopted through an intercountry adoption or arrangement involving an Australian state or territory central authority.
• The child 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 child must have been adopted through an expatriate adoption by an Australian citizen, an eligible New Zealand citizen, or the holder of an Australian permanent visa. The adoption must have taken place outside of Australia, and the adoptive parent must have resided outside of Australia for more than 12 months immediately before lodging the visa application.

It is important to seek legal advice if considering an expatriate adoption, as the Australian Government does not have a role in the overseas expatriate adoption process. Independent legal advice should be obtained both in Australia and the child's country of usual residence before proceeding with an expatriate adoption.

Sponsor Eligibility

In order to sponsor a child for the Adoption Visa (Subclass 102), the sponsor must meet the following eligibility criteria:

• The sponsor must be an Australian citizen, eligible New Zealand citizen, or hold an Australian permanent visa.
• The sponsor must be the child's adoptive parent or prospective adoptive parent.
• The sponsor must be 18 years of age or older.

It is important to note that the sponsorship must be approved by the Department, and sponsorship may be denied if the sponsor or their partner has been charged or convicted of offenses involving children.

For more information on the Adoption Visa (Subclass 102) and the sponsorship process, it is recommended to visit the official Department of Home Affairs website.