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Adoption visa (subclass 102)
Length of stay – Permanently
About this visa
This visa allows a child who is adopted outside Australia to come to Australia to live with their adoptive parents.
The Adoption visa (subclass 102) lets a child come to Australia to live with their adoptive parent. The child can already be adopted or be in the process of being adopted. The adoptive parent sponsors the child for this visa and usually applies on their behalf.
This is a permanent residence visa. If the adoption is through a state or territory adoption authority, you can lodge the application before the adoption is finalised.
Note: From 14 December 2015, the Department is unable to accept Adoption visa applications for children who have been adopted in Pakistan. This country is specified in a legislative instrument.
If you intend to adopt, or have adopted, a child from Pakistan, you will be unable to lodge a valid application for an Adoption visa for the child with the Department.
What this visa lets the child do
It allows the child to:
- Travel to and stay in Australia indefinitely
- Work and study in Australia
- Enrol in Medicare, Australia’s scheme for health-related care and expenses
- Apply for Australian citizenship (if they are eligible)
- Sponsor eligible relatives for permanent residence
- Travel to and from Australia for five years from the date the visa is granted – after that time they will need another visa to enter Australia
Guardianship of children adopted from overseas
If an adoption is not finalised or if it is not recognised by a state or territory adoption authority when the child enters Australia, the Minister for Immigration and Border Protection will be the guardian of the child. The guardianship powers are delegated to state and territory welfare authorities.
The minister stops being the guardian if any of the following occur:
- The child becomes an Australian citizen
- The child turns 18 years of age
- An Australian adoption order is made for the child
The child must be adopted or be in the process of being adopted.
Who could get this visa
An adoptive parent will usually lodge the application for this visa on behalf of the child.
To be able to get the visa, the child must:
- Be younger than 18 years of age
- Be living outside Australia
- Be either already adopted or in the process of being adopted by their sponsor
- Meet health and character requirements
- If the child is under 18 years of age at the time of application, but will turn 18 before the application is decided, they will not be eligible for this visa.
The child must also be sponsored by an adoptive parent who is:
- An Australian citizen
- The holder of an Australian permanent resident visa, or
- An eligible New Zealand citizen
Best interests of the child
This visa will not usually be granted if it is against the best interests of a child younger than 18 years of age.
Applicants may also needed to meet below requirements
Character requirements, Health requirements, Health insurance requirements, Must not have Debts to the Australian Government, biometric and other requirements if needed.
You and your family must comply with all visa conditions and Australian laws.
Source – Australian Immigration Website.
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