Adoption (Subclass 102) visa

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  1. What is the Adoption (subclass 102) Visa?
  2. Am I Eligible?
  3. What does best interest of the child mean?
  4. What are my obligations as a sponsor?
  5. What is the cost of this visa?
  6. What is the processing time?

This visa allows children adopted outside Australia to migrate to Australia as permanent residence with their adopted parent. If granted, this allows a child to live, study, work, access Australia’s public healthcare scheme (Medicare) and sponsor eligible relatives to come to Australia. As well as if eligible apply for Australian citizenship.

Eligibility

  • Child is under 18 years of age when adopted, when the application is lodged and when a decision is made
  • the adoptive parent must be an Australian citizen, permanent resident or eligible New Zealand citizen
  • be offshore when the application is submitted
  • be already adopted or in the process of being adopted by their sponsoring parent
  • meet health and character requirements

The child must not turn 18 before a decision is made for this visa

Best interest of the child

The Department of Home Affairs declares the right to refuse the visa if they find it is not in the best interest of the child. Sponsorship must be approved for the protection of the child

If the adoption isn’t yet finalised or recognised by a state or territory adoption authority by the time the child enters Australia, the Minister of Immigration and Border Protection (currently Alex Hawke) will be the guardian of the child. Guardianship powers will be delegated to the state/territory where the child resides and child welfare services until the child turns 18, becomes an Australian citizen or is adopted in Australia.

Sponsor obligations

  • As the sponsor and parent, you are obligated to financially support your child, you are responsible for the cost to the Australian government of the child living in Australia
  • Help the child settle in Australia
  • Provide adequate safe accommodation
  • Abide by all Australian family law

Cost

From AUD3055

Processing times

  • 25% of applications: 4 Months
  • 50% of applications: 8 Months
  • 75% of applications: 16 Months
  • 90% of applications: 22 Months
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