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Adoption Visa (Subclass 102)

Written by Fernanda Dahlstrom

Fernanda Dahlstrom holds a Bachelor of Laws, a Bachelor of Arts and a Master of Arts. She also completed a Graduate Diploma in Legal Practice at the College of Law in Victoria. Fernanda practiced law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practiced in family law after moving to Brisbane in 2016. Fernanda has strong interests in Indigenous and refugee law, human rights and law reform.

The Adoption Visa (Subclass 102) allows a child to migrate to Australia with their adoptive parent. It is a permanent visa and allows the holder to receive Medicare, live here as a permanent resident, work and study here, sponsor relatives to come here and apply for citizenship.

Who is eligible for an Adoption Visa?

A child applying for an Adoption Visa (Subclass 102) must have been below the age of 18 when they were adopted. They must still be below the age of 18 when they submit the visa application and when it is decided.

The child must apply from outside Australia.

The child must have been adopted by the sponsor parent or in the process of being adopted by the sponsor parent. They must be sponsored by an eligible adoptive parent. They must meet the character and health requirements and if they owe money to the Australian government, they must have paid it back or made arrangements to do so.

An application for an Adoption Visa (Subclass 102) may not be granted if the Department of Immigration considers the grant of the visa would not be in the best interests of the child.

Who is not eligible?

Australia does not accept applications for Adoption Visas for children adopted in Pakistan.

Travel to and from Australia

A child who is granted an Adoption Visa may travel in and out of Australia as many times as they wish during the first five years after the visa is granted, provided the travel facility on the visa remains valid.

After five years have passed, the visa holder will need to apply for a Resident Return to allow them to re-enter Australia as a permanent resident. Alternately, they can apply for Australian citizenship. If they are granted citizenship, they can apply for an Australian passport and use it to leave and enter the country.

Other children

If the child has siblings who also want to apply for an Adoption Visa, each sibling must make a separate application. If the child has dependant children, they may be included on the same visa application as the child.

Health requirement

All persons included on an application for an Adoption Visa (Subclass 102) must meet the Health Requirement, being free of any disease or condition that poses a significant healthcare and community service cost to the Australian or that is likely to limit the access of Australian to health services that are in limited supply.

An applicant may be required to undergo a health examination in order to establish whether they meet the health requirement.

Character requirement

All persons included on an application for an Adoption Visa must also meet the Character Requirement.

How to apply

The Adoption Visa (Subclass 102) costs the primary applicant $2,665. There may be additional fees for other persons included on the application.

Before you apply for an Adoption Visa on behalf of a child, check that the child has a valid passport and all the documents that must accompany the visa application.

When the application is decided

If the application is successful but the child is unable to enter Australia by the date specified in the visa grant letter, contact the office that processed the application immediately to inform staff of this.

If the application is refused, you will be provided with reasons for the refusal and information about any right of review. Please note that the application fee is not refunded when a visa is refused.

After you arrive

After you arrive in Australia with a child who is on an Adoption Visa (Subclass 102), the visa holder must obey all Australian laws. If their contact details or relationship status changes, they must inform the Department of Immigration. If they become a parent they must inform the Department of the birth of the child.

If you require legal advice or representation in an immigration law matter or in any other legal matter, please contact Go To Court Lawyers.

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