Adopting a child from overseas is a deeply meaningful decision, but the legal and immigration process can be complex. The Australian Government offers the Adoption Visa (Subclass 102)to support families who wish to bring a child adopted outside of Australia to live with them as permanent residents. This visa is a vital step in uniting families and ensuring adopted children can live safely, legally, and permanently with their new parents in Australia.
At Migration Guru, we understand the legal, emotional, and procedural challenges involved in adoption-related migration. This comprehensive guide outlines everything you need to know about the Subclass 102 visa, including eligibility, sponsorship obligations, and post-arrival responsibilities.
What Is the Adoption Visa (Subclass 102)?
The Adoption Visa (Subclass 102) is a permanent visa that allows a child adopted outside Australia to live with their adoptive parent in Australia. The visa is designed for children under 18 years of age who have been adopted or are in the process of being adopted through an eligible intercountry adoption process.
Once granted, the visa provides the child with:
- The right to live in Australia permanently
- Access to Australia’s public healthcare system (Medicare)
- Full rights to study and work in Australia
- Eligibility to apply for Australian citizenship (subject to requirements)
- Permission to sponsor eligible relatives for migration
- A five-year travel facility from the date of visa grant
Who Can Apply for the Subclass 102 Visa?
To apply for this visa, the child must meet one of the following criteria:
- Intercountry Adoption via an Australian Authority
The adoption must be, or be in the process of being, arranged with the involvement of an Australian state or territory central adoption authority.
- Hague Adoption Convention
The child must be adopted under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, where both the sending and receiving countries are signatories, excluding Australia.
- Expatriate Adoption
The child may have been adopted in a third country (not involving an Australian authority), provided:
- The adoptive parent is an Australian citizen, permanent resident, or eligible New Zealand citizen.
- The adoptive parent has lived outside Australia for at least 12 consecutive months before lodging the application.
- The adoption is valid under the laws of the foreign country.
- The adoptive parent has full and permanent parental rights, with no legal ties between the child and biological parents.
- The adoption was not conducted to circumvent Australian adoption laws.
Please note: The Australian Government does not arrange or facilitate adoptions, nor does it issue letters of no objection or support for expatriate adoptions.
Who Can Sponsor the Child?
The visa requires an eligible sponsor, who must be:
- An Australian citizen, permanent visa holder, or eligible New Zealand citizen
- The child’s adoptive parent or prospective adoptive parent
- Aged 18 years or older
The sponsor must be approved by the Department of Home Affairs. Approval may be refused if the sponsor, their partner, or de facto partner has been charged with or convicted of offences involving children. Sponsors must comply with strict child protection measures.
Age and Relationship Criteria
To qualify for this visa, the child must:
- Be under 18 years of age at the time of adoption, at the time of application, and when the visa decision is made
- Be legally adopted or in the process of being adopted
- Be supported by the sponsor, who must demonstrate full and lawful parental responsibility
Health and Character Requirements
- The child and any dependent children included in the application must meet Australian health requirements. In some cases, health waivers may be considered.
- If the child is 16 years or older, they must also meet character requirements, including police checks and disclosures.
Sponsorship Obligations After the Visa Is Granted
For two years from the date the visa is granted, the sponsor is legally required to:
- Provide accommodation for the child and their dependent children
- Ensure financial support
- Offer ongoing emotional and social support
- Maintain the child’s wellbeing and integration into Australian society
Sponsorship cannot be withdrawn once the visa is granted. If the sponsor fails to meet these obligations, the Department of Home Affairs may consider cancelling the visa.
Travel Requirements and Re-entry
Upon visa grant, the child must:
- Enter Australia before the first entry date specified in the visa grant letter
- If unable to enter before that date, and less than three months remain, a Travel Facilitation Letter must be requested
The visa includes a five-year travel facility, allowing the child to travel in and out of Australia. After this period:
- The child must apply for a Resident Return Visa (RRV) to maintain their permanent residency status when re-entering Australia
- Alternatively, they may choose to apply for Australian citizenship, which removes the need for a visa
What the Child Can Do on This Visa
Once in Australia, the adopted child can:
- Live in Australia permanently
- Work in any occupation, full-time or part-time
- Study at any educational institution
- Access Medicare
- Apply for citizenship, subject to residency and eligibility criteria
- Sponsor family members under certain conditions
Visa details and entitlements can be viewed using the VEVO (Visa Entitlement Verification Online) system.
Important Notes on Expatriate Adoptions
The Australian Government plays no role in expatriate adoptions. If an overseas authority requests documents such as letters of support or certificates of no objection, these cannot be provided. For any issues, overseas authorities may contact: info@intercountryadoption.gov.au
Adopting parents are strongly encouraged to seek legal advice both in Australia and the country of adoption to ensure the adoption meets all eligibility criteria under Australian migration law.
Becoming an Australian Citizen
If your adopted child is granted the Subclass 102 visa and resides in Australia under this visa, they may eventually be eligible to apply for Australian citizenship.
- For citizenship purposes, the permanent residency start date is the day the child first enters Australia on the visa.
- Children adopted under the Hague Convention may be eligible for direct citizenship, depending on the circumstances.
More information is available through the Department of Home Affairs website under “Become an Australian citizen (by adoption)”.
Frequently Asked Questions (FAQs)
Can siblings be included in the same application?
No. Each child must lodge a separate Subclass 102 application. However, dependent children of the adopted child may be included.
Can the visa be refused?
Yes. If the visa is not in the best interests of the child, or if any eligibility or character conditions are not met, the Department may refuse the application.
Can I add dependents after visa grant?
No. Once a Subclass 102 visa is granted, additional dependents cannot be added to that visa.
Is the visa label issued physically?
No. The visa is digitally linked to the child’s passport.
Get Expert Help with the Adoption Visa Process
Adoption-related migration is one of the most sensitive and regulated areas of Australian immigration law. At Migration Guru, our registered migration agents offer compassionate, compliant, and efficient services to help families unite in Australia.
We provide full support—from eligibility assessments and document preparation to sponsorship approval and post-arrival compliance.
Let us guide your family through every step of the process.
Contact Migration Guru Today:
- Phone: +61-7-3036 3800
- Email: info@migrationguru.com.au
- Website: migrationguru.com.au
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