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Adoption visa (Subclass 102)

AustraliaFamily

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Australia Read the five questions ↓

Which family relationships qualify?

The qualifying family relationship is that of an adopted child: one who has been, or is being, adopted through an intercountry adoption or arrangement involving an Australian state or territory central authority, through an intercountry adoption between two other countries that are both parties to the Hague Adoption Convention, or through an expatriate adoption (an adoption with no Australian state or territory central authority involved). The child must have been under 18 at the time of adoption, when the application is made and when the decision is made.

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Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

The child must be sponsored by an eligible adoptive parent or prospective adoptive parent, and the Department must approve the sponsorship before the visa can be granted. For an expatriate adoption, at least one adoptive parent must have resided outside Australia for more than 12 months immediately before lodging the visa application, and not in order to avoid Australia's intercountry adoption laws. A pending registrable-offence charge against the sponsor (or their spouse/de facto partner) results in refusal of the sponsorship and visa application; a registrable-offence conviction allows approval only in very limited circumstances.

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What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

Proof depends on the adoption route. For an intercountry adoption with an Australian central authority, or a Hague Adoption Convention adoption between two other contracting countries, the finalised or in-progress adoption itself is the qualifying fact. For an expatriate adoption, the adoptive parent must also show full and permanent parental rights, with no remaining legal ties between the child and the birth parents, and that the adoption complies with the adoption laws of the child's home country and was not undertaken to avoid Australia's own intercountry adoption laws.

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What important financial, accommodation, insurance or maintenance responsibilities apply?

The child (and any dependent child applying with them) must meet Australia's health requirement; family members not migrating may also need to meet it. A child aged 16 or older must meet the character requirement, and other dependent children applying may also be asked to meet it. Any money owed to the Australian Government by the child or a family member must be repaid, or a formal repayment arrangement put in place, before the visa can be granted. The official source does not state an income, accommodation or insurance requirement.

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How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?

This is a permanent visa: once granted, the child can stay in Australia indefinitely with their adoptive parent, work and study, enrol in Medicare, sponsor their own relatives to come to Australia, attend free English classes under the Adult Migrant English Program if eligible, and apply for Australian citizenship if eligible. There is no separate temporary-to-permanent progression. The visa cost is from AUD4,040.00 (concessions apply in limited circumstances).

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These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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