*Last updated on: 25 Nov 2024
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Subclass 102 - Adoption Visa

A Pathway to Permanent Residency for Adopted Children

Overview of the Subclass 102 Visa

The Subclass 102 Adoption Visa is intended for children who have been adopted or are in the process of being adopted by Australian citizens, permanent residents, or eligible New Zealand citizens. This visa allows children to permanently reside in Australia with their adoptive parents, providing a pathway to Australian residency and access to a supportive, stable family environment. Once granted, this permanent visa enables the child to live, work, and study in Australia indefinitely, with access to healthcare and other essential services.

Eligibility Criteria for Subclass 102 Visa Applicants

Age Requirements

Under 18 Years Old: Only children under 18 years of age are eligible to apply.

Relationship to the Sponsor

1. The child must have been legally adopted or be in the process of being adopted by the sponsor.

2. The adoption must have occurred before the child turned 18, and at least one adoptive parent must have held Australian citizenship, permanent residency, or eligible New Zealand citizenship at the time.

3. If the adoptive parent did not hold one of these statuses during the adoption, the Child Visa (Subclass 101) may be a more suitable option.

Marital Status

The child must be unmarried and not in a de facto relationship.

Location

The applicant must be outside Australia when applying for this visa.

No Debts

The applicant must have no outstanding debts to the Australian Government.

Health and Character Requirements

The child must meet health standards specified by the Australian government. Applicants aged 16 or older must satisfy character requirements.

Eligibility Criteria for Parent Sponsors

Age Requirement: Sponsors must be 18 years of age or older.

Residency Status: Must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.

Character Standards: The sponsor must satisfy character requirements set by the Department of Home Affairs.

Adoption Eligibility Criteria

To qualify for the Subclass 102 Visa, one of the following conditions must be met:

(1) The child is adopted (or in the process of being adopted) through an intercountry arrangement involving an Australian state or territory central authority.

(2) The child is adopted through an intercountry process under the Hague Adoption Convention between two participating countries.

(3) The child has undergone expatriate adoption, with the adoptive parent (Australian citizen, permanent resident, or eligible New Zealand citizen) residing outside Australia for at least 12 months before lodging the visa application.

Important Considerations:

Hague Convention Adoptions: Children adopted under the Hague Adoption Convention may be eligible for Australian citizenship, enabling them to travel on an Australian passport.
Expatriate Adoptions: The Australian government does not facilitate or endorse overseas expatriate adoptions. Independent legal advice is recommended for such cases to ensure compliance with relevant laws in both countries.

Application Process

Verify Eligibility and Prepare Documents

Ensure that the child and sponsor meet all eligibility criteria. Gather necessary documents, including proof of adoption, evidence of the sponsor's eligibility (citizenship or residency status), identity documents, and health and character assessments.

Submit the Application

Lodge the application online while the child is outside Australia. Include all required supporting documents. The sponsor must also provide documentation to demonstrate their eligibility and relationship to the child.

Health Checks, Character Assessments, and Await Decision

The child must complete health examinations and meet character requirements (if aged 16 or older). Be prepared to respond to any requests for additional information during the processing period.

Stay Duration

This is a permanent visa, granting the child the right to live in Australia indefinitely. The visa includes a travel component valid for five years from the date of grant. After this period, residents may need to apply for a Resident Return Visa (RRV) to maintain travel rights.

Visa Costs and Fees

Primary Applicant:
AUD $3,140

Secondary Applicant (18 and over):
AUD $1,570

Dependent Child (under 18):
AUD $790

Note: Fees are subject to updates as per the Department of Home Affairs, they should be verified before application. Additional costs may apply for health checks, police checks, and biometrics.

Processing Times

50% of applications are processed within 6 months.
90% of applications are processed within 16 months.

Note: Processing times vary based on the completeness of documentation, volume of applications and other factors. They are obtained from The Australian Department of Home Affairs website and only serve as guidance.

Key Benefits of the Subclass 102 Visa

Permanent Residency: Live in Australia indefinitely.

Employment Opportunities: Visa holders can work in Australia.

Education: Access educational opportunities and courses to enhance qualifications.

Family Sponsorship: The ability to include eligible family members in the visa application.

Healthcare: Access to Medicare, Australia’s public healthcare system.

Travel Flexibility: Unlimited entries and exits from Australia within a specified period.

Your Questions Answered

What is the Subclass 102 Adoption Visa?

This visa allows children adopted outside Australia to live permanently with their adoptive parents, who are Australian citizens, permanent residents, or eligible New Zealand citizens. It offers a pathway for adopted children to build their lives in Australia with full access to permanent residency benefits.

Who can be sponsored under the Subclass 102 visa?

Children under the age of 18 who have been legally adopted or are in the process of being adopted by an eligible Australian citizen, permanent resident, or New Zealand citizen are eligible for sponsorship.

Are all adoptions recognised for this visa?

Adoptions must meet specific criteria. The process must involve an Australian state or territory central authority, comply with the Hague Adoption Convention, or qualify as an expatriate adoption under Australian regulations. Independent legal advice is highly recommended to navigate these requirements.

What documents are required for the visa application?

Essential documents include proof of the adoption process, evidence of the relationship with the sponsor, identity documents, and any necessary health and character checks for the child.

Can siblings be included in the same visa application?

No, siblings must submit separate visa applications. However, dependent children of the primary child applicant can be included.

Can the child travel to Australia during the application process?

No, the child must remain outside Australia both at the time of application and when the visa is granted.

Are there special considerations for expatriate adoptions?

Yes, expatriate adoptions have specific criteria, including the requirement for the adoptive parent to have lived outside Australia for at least 12 months. The adoption must comply with laws in both the home country and Australian regulations.

Can adopted children access healthcare and other benefits in Australia?

Yes, once granted, visa holders have access to Medicare (Australia’s public healthcare system) and can enjoy all benefits associated with permanent residency, including the right to work and study.

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