Child Adoption Subclass 102 Visa

This visa lets a child adopted outside Australia by an Australian Citizen or Permanent Resident to move to Australia to live with them permanently.

Adoption Subclass 102 Visa

Adoption (Class AH) Subclass 102 Visa

This visa lets a child adopted outside Australia to move to Australia and live with their Australian Citizen or Permanent Resident parent in Australia. You need to be outside Australia at the time of the application.

Visa Holders Work Rights in Australia

The visa holders have full work rights to work anywhere in Australia.

Visa Holders Study Rights in Australia

The visa holders have full study rights to work anywhere in Australia.

Including Family Members with Visa 102

The child's dependent children can be included on their application when they apply or added to their application at any time before adecision is made on their application.

Adoption Visa Subclass 102 Other Siblings

If you have other siblings who also want to move to Australia to live permanantly, then they will need to submit separate applications.

Subclass 102 Visa Application Fees

Base Application Charge: A$2710; Additional applicant charge for any other applicant who is at least 18: A$1355; Additional applicant charge for any other applicant who is less than 18: A$680.

102 Visa Estimated Processing Time

Standard Stream: 75% of applications in 21 Months; 90% of applications in 33 months.

Adoption Visa Subclass 102 Eligibility

Must be Adopted or in the Process of Adoption

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

Adoption Requirements

To be eligible to apply for an Adoption visa (subclass 102), the child must have been or be in the process of being adopted through an intercountry adoption or arrangement with the involvement of an Australian state or territory central authority, or have been or be in the process of being adopted through an intercountry adoption between 2 countries (other than Australia) that are parties to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (the Hague Adoption Convention), or have been adopted through an expatriate adoption (with no Australian state or territory central authority being involved).

Have a Sponsor for Subclass 102 Visa

The child must be sponsored by an eligible adoptive parent or prospective adoptive parent. We must approve the sponsorship. We might not approve sponsorship if the sponsor or their partner has been charged or convicted of offences involving children.

Child's Age

The child must be either under 18 years old, or over 18 and under 25 years and studying full time, or over 18 years with a disability, and can't be or ever have been married or engaged to be married or in a de facto relationship, for Australia 101 visa.

If the Child is Over 18 and Under 25 Years and Studying Full Time

If the child is over 18 and under 25 years old they must be a full-time student when they apply and when the visa application is decided, can't work full time and must be financially dependent on their parent more than any other person.

If the child is over 18 years with a disability.

If the child is 18 years or older with a disability, they must have totally or partially lost their bodily or mental functions can't work full time.

Visa 102 Other Requirements

You must meet Australia's health, character, Australian values requirement and owe no debt to Australian Government.

Adoption Australia Requirements

Adoption

The child must be adopted (or to be adopted), with the involvement of an Australian State/Territory central adoption authority, under the Hague Adoption Convention, or a bilateral adoption agreement with a competent authority of another country, or another adoption agreement) or adopted by expatriate Australians who have been living outside Australia for more than 12 months before making the AH-102 visa application.

Hague Adoption Convention

The full title of the Hague Adoption Convention is The Hague Convention on Protection and Cooperation in Respect of Intercountry Adoption. If a valid Article 23 ACC has been issued, this is evidence enough that the adoption is recognised in Australia. The child will not enter Australia under the IGOC Act. However, If there is no valid ACC, and the adoption is not recognised in Australia, the child may enter Australia under the IGOC Act. If these adoptions are later finalised in Australia, and at least one of the adopting parents is an Australian citizen, and the child is a permanent resident at the time the adoption is finalised in Australia, the child would automatically become an Australian citizen at the time the adoption is finalised in Australia (s13 of the Australian Citizenship Act) and the IGOC Act will no longer apply.

Bilateral Adoption Arrangement

The children adopted, with the involvement of an State and territory central adoption authorities (STCAA) under a bilateral adoption arrangement made in accordance with Australian law with another country. These adoptions are full adoptions and recognised in Australia under Australian law. The visa application can be made before the adoption is finalised (but the child must have at least been allocated for adoption).

Expatriate (Private) Overseas Adoptions

This applies where the child has been adopted outside Australia, without the involvement of an Australian STCAA, by an Australian citizen, permanent visa holder or eligible New Zealand citizen who has been living outside Australia for more than 12 months (not necessarily the country where the adoption took place) at the time the Adoption Visa Subclass 102 application was made. However, the residence overseas by the adoptive parent was not contrived to circumvent the requirements for entry to Australia of children for adoption, although an adoptive parent may have taken up residence outside Australia for the purpose of adopting a child, it does not necessarily mean that they 'contrived to circumvent' Australian State/Territory adoption law.

Adoption Subclass 102 Visa Document Checklist

For Primary Applicant

1. Identity documents such as passport, birth certificate, proof of name change such as marriage or divorce certificate.
2. If you have ever changed your name then name change evidence.
3. Provide an overseas police certificate from every country, including your home country, where you spent a total of 12 months or more in the last 10 years since you turned 16, any military service records or discharge papers if you served in the armed forces of any country.
4. Passport size photographs.
5. Medical examinations.

For Sponsoring Parent

6. Passport and Birth Certificate of Yourself.
7. Your Employment History in last 2 years and evidence of Payslip (Only Current one).
8. Your residential history in last 2 years.
9. Your current relationship status, any children you have or are responsible for.
10. Have you in last 2 years or currently receiving any benefit from the government? (pension, allowance, Newstart Allowance, Parenting Payment, Youth Allowance, Widow Allowance or Special Benefit)
11. Have you been convicted of any crime?
12. Have you lived in any country for a cumulative period of 12 months in last 10 years.
13. Passport of your current partner (if any).
14. If you dont have the sole custody of the child then provide consent from anyone who has a legal right to decide where the child lives and is not coming to Australia with the child.
15. They must complete either Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years, or a statutory declaration giving their consent for the child to visit Australia on this visa.
16. Adoption compliance certificate.