The Australian 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.
To apply for the Adoption Visa (Permanent) (Subclass 102), the child must be:
- Outside Australia when applying for the visa
- Adopted:
– with the involvement of an Australian State or Territory adoption authority (either under the Hague Adoption Convention, a bilateral adoption with a competent authority of another country, or another adoption agreement)
– under the laws of a country other than Australia and their sponsor or their sponsor’s partner has and been living outside Australia for the 12 months before the child applies for the visa
- Sponsored by their adoptive parent or their adoptive parent’s partner
- Under 18 years of age when the application is lodged and when it is decided.
The child must also be sponsored by an adoptive parent who is:
- An Australian citizen; or
- The holder of an Australian permanent resident visa; or
- An eligible New Zealand citizen.
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
- Spply 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
Adoptive Parents Living in Australia
Your relevant Australian State or Territory Central Adoption Authority (STCAA) must be involved in managing the adoption process with the country where the child is living.
If you are considering adopting a child from outside Australia, you should contact the central adoption authority in your State or Territory.
Privately Arranged Adoptions
Australian STCAAs do not generally support privately arranged adoptions either from in or outside Australia, including the adoption of children who are relatives. They are not able to help children or sponsors to meet the eligibility requirements for granting a visa to an adopted child.
Important: If you want to proceed with an adoption from outside Australia, which has not been arranged by your STCAA, it is strongly recommended you first seek legal advice both in Australia and in the country where the child lives.
Adoptive Parents Living Outside Australia
Adoptions that are undertaken by Australian citizens, permanent residents or eligible New Zealand citizens who usually live in countries other than Australia, and that are arranged without the assistance of an Australian STCAA, are known as expatriate adoptions.
It is important to obtain appropriate advice before embarking on the adoption process. Nevett Ford Lawyers has expertise in all aspects of the adoption visa process and can provide advice and assistance.
Please contact us today for further information:
Telephone: +61 3 9614 7111
Email: melbourne@nevettford.com.au