Adoption Visa 102
102 Visa Australia
Adoption Visa 102 Australia
This visa lets children adopted outside Australia live in Australia with their adoptive parent.
Stay: Permanently
Processing Time: Processing times are not available for this visa.
- the child must have been under 18 years of age when adopted, when they apply and when we make a decision
- the child must be outside Australia when the application is submitted and when we make a decision
- the child must be adopted or in the process of being adopted by their sponsor parent
With this Adoption Visa the child can
- migrate to Australia as a permanent resident to live with their adoptive parent
- study and access Medicare
- apply for Australian citizenship if eligible
The child must
- have been under 18 years of age when adopted, when they apply and when we make a decision
- be outside Australia when the application is submitted and when we make a decision
- be adopted or in the process of being adopted by their sponsor parent
Intercountry adoption
We can’t help arrange adoptions and we do not issue letters of no objection. Our role is to assess and decide applications for visas.
Learn more about adopting a child overseas from Intercountry Adoptions Australia.
We are unable to accept adoption visa applications for children who have been adopted in Pakistan.
With this Adoption visa the child can
- stay in Australia indefinitely with their adoptive parent
- work and study in Australia
- enrol in Australia’s public healthcare scheme, Medicare
- sponsor their relatives to come to Australia
- apply for Australian citizenship, if eligible
Travel to and from Australia for 5 years
The child can travel to and from Australia as many times as they want for 5 years from the date we grant this visa. This is as long as the travel facility on this visa remains valid.
If the child wants to travel after the initial 5-year travel facility:
- they will need to apply for and be granted a Resident Return (RRV) so they can re-enter Australia as a permanent resident
- they might also want to consider Australian citizenship. If they become an Australian citizen, they don’t require a visa to enter Australia. They will need to apply for an Australian passport and use it to leave and re-enter Australia. See more about eligibility requirements and current processing times for Australian citizenship
To see when the child’s travel facility ends, use VEVO.
How long the child can stay
This is a permanent visa. It lets the child stay in Australia indefinitely.
The child becomes a permanent resident on the day we grant the visa.
Include other children
If the child has siblings who also want to apply for an Adoption visa, submit separate applications for each sibling.
The child’s dependent children can be included on their application when they apply or added to their application at any time before we decide the application.
Dependent children of the child who apply for the visa must meet our health requirement.
Family members who are not coming to Australia might also have to meet our health requirement.
Apply from
The child must be outside Australia when the application is submitted and when we make a decision.
Processing times
Processing times are not available for this visa.
The application might take longer to process if:
- it is not filled in correctly
- it does not include all the documents we need or we need more information
- it takes us time to verify the information
We can’t process the application if the correct visa application charge is not paid. We will advise if this is the case and if necessary return the application.
Your obligations
The child and any dependants must obey all Australian laws.
Visa label
We will digitally link the visa to the child’s passport. They will not get a label in their passport.
Be adopted or in the process of being adopted
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). The adoption must be by an Australian citizen, an eligible New Zealand citizen or the holder of an Australian permanent visa. They must have been living outside Australia for more than 12 months before lodging the visa application.
Children adopted under the Hague Adoption Convention
A child may be eligible for Australian Citizenship if the intercountry adoption is:
- finalised outside Australia under the Hague Convention, or
- a recognised bilateral arrangement.
If we grant the child Australian citizenship they can enter Australia on an Australian passport and will not need to apply for a visa.
Expatriate adoptions
Australian Government has no role
The Australian Government, including the Department of Home Affairs, has no role in the overseas expatriate adoption process.
The Australian Government, including our Department, does not provide documents that support or endorse expatriate adoptions overseas. This includes letters of support or certificates of no objection.
If an overseas authority asks you to obtain a document of support for an expatriate adoption, you can advise them to email info@intercountryadoption.gov.au
We only assess and decide adoption visa applications. A visa will only be granted if all eligibility requirements are met.
Eligibility requirements for expatriate adoptees entering Australia
If the child is adopted through an expatriate adoption, and you are considering bringing them to Australia, then, amongst other criteria:
- at least one adoptive parent must have lived outside Australia for more than 12 months before lodging a visa application
- the adoptive parent must not have lived overseas to avoid Australia’s intercountry adoption laws
- the adoptive parent must have full and permanent parental rights. No remaining legal ties between the child and the birth parents can exist. The adoption must adhere to adoption laws of the home country.
Seek legal advice
We recommend you obtain independent legal advice both in Australia and in the child’s country of usual residence before proceeding with an expatriate adoption.
Have a sponsor
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. Learn more about measures for the protection of children.
Be this age
The child must be under 18 at the time of adoption, when the application is submitted and when we make our decision.
Meet the health requirement for a 102 Adoption Visa
The child and any dependent child who applies for the visa with them must meet our health requirement.
If we can consider a health waiver for an adoption visa applicant, we will examine your circumstances carefully. Learn more about health waivers.
Family members who are not coming to Australia might also have to meet our health requirement.
Meet the character requirement for a 102 adoption visa
If the child is aged 16 years or older they must meet our character requirement.
We might also ask that any other dependent child who applies for the visa meet the requirement.
Repay debt to the Australian Government
If the child or any member of the child’s family owes the Australian Government money it must be paid back or there must be a formal arrangement to pay it back.
Best interests of the child
We might not grant this visa if it is not in the best interests of an applicant under 18.
Read And Associates offer Professional Guidance
Here at Read and Associates our team of migration agents can provide you with the appropriate guidance and advice which will help you put forth the best visa application possible. Specialising in applications for medical professionals, we would welcome the opportunity to discuss how we can work with you. Book a consultation to find out more.
