Adoption Visa Subclass 102

Adoption Visa Subclass 102: What this Adoption visa lets you do

This is a permanent residence visa. It allows the child to:

• travel to and stay in Australia indefinitely
• work and study in Australia
• enrol in Medicare, Australia’s scheme for health-related care and expenses
• apply for Australian citizenship (if they are eligible)
• sponsor eligible relatives for permanent residence
• travel to and from Australia for five years from the date the visa is granted — after that time they will need another visa to enter Australia

If the adoption is through a state or territory adoption authority, you can lodge the application before the adoption is finalised.

Adoption Visa Subclass 102: Before you adopt

Seek advice from  your closest state and territory adoption authority  before starting any adoption process to adopt a child from outside Australia.

In Australia, the processing of inter-country adoptions is the responsibility of state and territory central adoption authorities. These authorities manage arrangements for adopting children from overseas, including assessing and approving prospective adoptive parents.

The department of immigration and border protection cannot help arrange an adoption. The department of immigration and border protection role is to assess and decide applications for visas.

You should first seek legal advice about adoption law in both Australia and the country in which the child lives.

For a child to be eligible for an Adoption visa, one of the following must apply:

• they have been adopted (or are to be adopted) with the involvement of an Australian state or territory central authority
• they have been adopted without the involvement of an Australian state or territory central authority by an Australian citizen, holder of an Australian permanent visa or an eligible New Zealand citizen who has been living outside Australia for more than 12 months before the visa application is lodged
• they have been adopted through an arrangement between two 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)

Note: From 14 December 2015, the Department is unable to accept Adoption visa applications for children who have been adopted in Pakistan. This country is specified in a legislative instrument.

See: Arrangements for child visa applications 2015

If you intend to adopt, or have adopted, a child from Pakistan, you will be unable to lodge a valid application for an Adoption visa for the child with the Department.

If you adopt a child while living in Australia

Your relevant Australian state and territory adoption authority must be involved in managing the adoption process with the country where the child is living.

Contact the adoption authority before you start the adoption process.  The department of immigration and border protection cannot grant a visa to a child who does not meet the visa requirements even if they have been adopted lawfully in the child’s home country.

Australian adoption authorities usually arrange adoptions through countries that:

• have signed The Hague Adoption Convention
• have signed a bilateral agreement with Australia

In these cases, the adoption authority or an institution in the child’s home country will allocate the child to you. The authorities also ensure that local adoption laws have been complied with and that the child is legally allowed to leave their country for Australia.

The Hague Adoption Convention

A child adopted under The Hague Adoption Convention will need an adoption compliance certificate. This certifies that the adoption meets all the requirements of The Hague Adoption Convention. A visa cannot be granted until this certificate has been issued and a certified copy provided to the department of immigration and border protection.

In some cases, children born outside Australia who are adopted under The Hague Adoption Convention are eligible for Australian citizenship. You should seek legal advice, as the child might not have to apply for a visa.

Bilateral agreements

A child adopted under a bilateral agreement must have a letter from an Australian state or territory adoption authority that shows the child has been adopted through an adoption authority or an institution in the child’s home country. This letter must be included with the child’s visa application.

If you adopted a child when you were outside Australia

Some people decide to adopt a child while they are living outside Australia without the support of an Australian state and territory adoption authority. These adoptions are called expatriate adoptions. You can sponsor a child adopted outside Australia for an Adoption visa if the child has not turned 18 years of age and you:

• were an Australian citizen, the holder of an Australian permanent resident visa, or an eligible New Zealand citizen at the time of the adoption
• lived outside Australia for more than 12 months before you lodge the visa application
• did not contrive your residence overseas to avoid Australia’s adoption laws
• have full and permanent parental rights, with no remaining legal ties between the child and the birth parents
• complied with the adoption laws in the child’s home country

Privately arranged adoptions

Australian state and territory adoption authorities do not usually support privately arranged adoptions from either in or outside Australia, including the adoption of children who are relatives. They are not able to help children or sponsors meet the requirements for granting a visa to an adopted child.

Adoptive parents need to ensure that any privately arranged adoption is legal. If you want to adopt a child from outside Australia without using an Australian state and territory adoption authority, it is strongly recommended that you first seek legal advice both in Australia and in the country where the child lives. This Adoption visa cannot be granted  to a child who does not meet the requirements for this Adoption visa, even if an adoption is legal in the child’s home country.

Adoption Visa Subclass 102: Cost

The visa application charges are listed in Fees and charges.

Other costs

You might have to pay other costs, such as the costs of health assessments, police certificates, or any other certificates or tests. You are responsible for making the necessary arrangements.

Adoption Visa Subclass 102: Who could get this Adoption visa?

An adoptive parent will usually lodge the application for this Adoption visa on behalf of the child.

To be able to get the visa, the child must:

• be younger than 18 years of age
• be living outside Australia
• be either already adopted or in the process of being adopted by their sponsor
• meet health and character requirements
• if the child is under 18 years of age at the time of application, but will turn 18 before the application is decided, they will not be eligible for this Adoption visa.

The child must also be sponsored by an adoptive parent who is:

• an Australian citizen
• the holder of an Australian permanent resident visa, or
• an eligible New Zealand citizen

An adoptive parent must have done one of the following:

• adopted (or be in the process of adopting) the child with the involvement of an Australian state or territory adoption authority
• adopted the child under the laws of a country other than Australia and been living outside Australia for the past 12 months before the application is lodged
• adopted the child under The Hague Adoption Convention.

If you are living outside Australia, you can adopt the child from the country in which you have been living, or from another country.

Adoption Visa Subclass 102: Best interests of the child

This Adoption visa will not usually be granted if it is against the best interests of a child younger than 18 years of age.

Measures for the Protection of Children  has more information.

Adoption Visa Subclass 102: Assurance of support

The department of immigration and border protection might ask for an assurance of support for the child so that welfare costs for some migrants are not borne by the Australian community.

Do not provide an assurance of support unless the department of immigration and border protection ask for one and tell you what you need to do.

Adoption Visa Subclass 102: Health requirements

The child must meet certain  health requirements. The results are usually valid for 12 months. This also applies to any  member of your family unit included in your application, whether they are migrating or not.

Additional information on the  health requirement and health waivers for adoption applicants  is available.

Adoption Visa Subclass 102: Character requirements

A  child older than 16 years of age must meet certain  character requirements. They must be prepared to provide a police certificate from each country they have lived in for 12 months or more during the past 10 years after they turned 16 years of age. Do not arrange for police certificates until the department of immigration and border protection ask you to.

Debts to the Australian Government

The child must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government.

Adoption Visa Subclass 102: Provide biometrics

The child might be asked to provide biometrics (a scientific form of identification) as part of the application.  Countries and visa subclasses included in the biometrics program  has more information.

Adoption Visa Subclass 102:  Including family in the application

You might be able to include your child in the visa application.

Any children included in the visa application must meet the requirements for  including family members in your application.

The application must include documentary evidence of their relationship to you.

Children who are included as members of your family unit must be able to show that they meet  health  and  character  requirements.

Your siblings will need to lodge their own application.

Adoption Visa Subclass 102: How to apply

This information explains what you need to do to apply for an Adoption visa (subclass 102).

The child must be outside  Australia when the application is lodged and when the application is decided.

Adoption Visa Subclass 102: Prepare your documents

You need to provide documents to prove the claims you make in the application. The documents are listed in the Document checklist.

Some documents could take some time to obtain. You should have them ready when you lodge the application to reduce any delays in processing.

Note:  From 14 December 2015, the Department is unable to accept Adoption visa applications for children who have been adopted in Pakistan. This country is specified in a legislative instrument.

See:  Arrangements for child visa applications 2015

If you intend to adopt, or have adopted, a child from Pakistan, you will be unable to lodge a valid application for an Adoption visa for the child with the Department.

Adoption Visa Subclass 102: Lodge the application

Complete the following two forms and lodge them together.

The child or their sponsor should complete:

• Form 47CHApplication for migration to Australia by a child(333 kB PDF).

Sponsoring parents should complete:

• Form 40CHSponsorship for a child to migrate to Australia(297 kB PDF).

The forms must be completed in English. Provide all relevant documents and pay the visa application charge when you lodge the application.

Lodge your application at one of the immigration offices outside Australia, which will tell you how you can pay. There is also further  information  available on the  methods of payment  accepted  by the department of immigration and border protection.

Adoption Visa Subclass 102: More information

Please refer to  preparing your application, for information on:

• certifying and translating documents into English
• communicating with the department of immigration and border protection
• using a migration agent
• authorising another person to receive information from the department of immigration and border protection
• receiving assistance with your application. ​​​​

Adoption Visa Subclass 102: After you have applied

After you have lodged your application and documents, the department of immigration and border protection will acknowledge  that the department of immigration and border protection have received your information.

Wait for a decision

The department of immigration and border protection have  visa processing time service standards  for each visa.

Your application could take longer if the child  needs character or health checks (including x-rays), you need to provide more information, or  the application is incomplete.

Do not arrange for the child to travel to Australia until you are advised in writing that the visa has been granted.

Provide more information

You can provide more information to, at any time until a decision is made on the application.  If you want to correct information you provided, use:

• Form 1023 –  Notification of incorrect answer(s) (99KB PDF)

The department of immigration and border protection could also ask you for more information. You will have to respond by a set date. After that date, the department of immigration and border protection can make a decision about your application using the information that the department of immigration and border protection have.

If another person gives the department of immigration and border protection information that could result in you being refused a visa, the department of immigration and border protection will  usually give you the opportunity to comment on the information.

You might also be interviewed. If you are asked to attend an interview in person, bring your passport or other identification and any requested documents to the interview.

Report changes in circumstances

Tell the department of immigration and border protection if your circumstances or the child’s circumstances change. Use the following forms:

• Form 929Change of address and/or passport details  (86  kB PDF) – if either of you moves to a new address or change your passport
• Form 1022Notification of changes in circumstances  (77  kB PDF) – if there are other changes in your circumstances.

Withdrawing your application

​You can withdraw the application at any time before the department of immigration and border protection make a decision about it. To do this, send the department of immigration and border protection a letter or email to ask for the withdrawal. Your request must include your full name and date of birth. You should also include your file reference number, client ID, or a Transaction Reference Number.

​​​All applicants 18 years of age or older, wishing to withdraw, must sign the request for withdrawal. ​​​​​​

Adoption Visa Subclass 102: Visa decision

If the visa is granted, the department of immigration and border protection will let you know:

• when you can use the visa
• the visa grant number
• any conditions attached to the visa.

If the visa is not granted, the department of immigration and border protection will let you know:

• why the visa was refused
• your review rights (if any). Where applicable, your sponsor can apply for the decision to be reviewed
• the time limit for lodging an  appeal.

Adoption Visa Subclass 102: Document checklist

You need to provide documents to support your application for this Adoption visa. The department of immigration and border protection can make a decision using the information you provide when you lodge your application. It is in your interest to provide as much information as possible with your application.

Provide certified copies of original documents. Do not include original documents unless the department of immigration and border protection specifically ask for them. Police certificates should be original documents. Documents not in English must be accompanied by accredited English translations.

Use this checklist to make sure your application is complete.

Adoption Visa Subclass 102: Forms

Lodge these forms at the same time:

• Form 47CHApplication for migration to Australia by a child
• Form 40CHSponsorship for a child to migrate to Australia

Adoption Visa Subclass 102: Charges

• Pay thevisa application charge.

Adoption Visa Subclass 102: Receiving assistance

• If someone gives you advice or lodges your application for you:
  • Form 956 Advice by a migration agent/exempt person of providing immigration assistance (133KB PDF)(the agent or exempt person completes the form and you must sign it).
• If you would like someone else  to receive correspondence from the department of immigration and border protection on your behalf:
  • Form 956a Appointment or withdrawal of an authorised recipient (116KB PDF)(the recipient completes the form and you must sign it).

Adoption Visa Subclass 102: Character requirements

• Police checks for everyone included in the visa application who is 16 years of age or older:
  • an Australian National Police Check for anyone who has spent a cumulative total of 12 months or more in Australia since turning 16 years of age
  • police certificates from each country in which anyone in your application has spent a cumulative total of 12 months or more in the past 10 years since turning 16 years of age.

Provide the original certificates and keep a copy for yourself.

Adoption Visa Subclass 102: The child

• Two recent passport-sized photographs (45 mm x 35 mm) of the child (four photos if health examinations have not been completed).
  • These photographs should be of the head and shoulders only against a plain background.
  • Print the name of the child on the back of each photograph.

• Certified copy of the child’s birth registration showing both parents’ names. If you cannot get this document, provide a certified copy of the identification pages of at least one of the following documents:
  • passport
  • family book showing both parents’ names
  • identification document issued by the government
  • document issued by a court that verifies the child’s identity.

If relevant, provide the same documents for anyone included as a dependent child in the child’s application.

• If the child’s name has changed or the name of anyone included in the child’s application has changed: a certified copy of evidence of the name change.
• Certified copies of the adoption papers or adoption compliance certificate, including evidence that the authority in the child’s home country permits the child to migrate to Australia.
• If the child has been allocated for adoption: a letter from the Australian state or territory central adoption authority supporting the adoption.
• If the child has been adopted by expatriate adoptive parents without the support of an Australian state or territory central adoption authority: a written statement outlining the length of time and reasons for the adoptive parent’s residence overseas.

Adoption Visa Subclass 102: The sponsor

• Evidence that the child’s parent is an Australian citizen, a holder of an Australian permanent resident visa, or aneligible New Zealand citizen. Evidence can include a certified copy of:
  • their birth certificate
  • an Australian passport or foreign passport containing evidence of permanent residence or Australian citizenship certificate
  • for New Zealand citizens, evidence of length of residence in Australia and of continuing links with Australia.
• Photocopies of one of the following documents to show the sponsor’s employment during the past two years:
  • an Australian income or overseas tax assessment notice
  • a letter from the sponsor’s employer confirming length of employment and annual salary payslips
  • if the sponsor is self-employed or self-funded from other sources, business documents or a letter from the sponsor’s accountant
• The sponsor and their partner must both provide:
  • AFP National Police Checks, if the sponsor or their partner has spent a total of 12 months or more in Australia since turning 16 years of age
  • police certificates from each country in which the sponsor and their partner have spent a total of 12 months or more in the last 10 years since turning 16 years of age

Provide the original documents with the application, and keep a copy for yourself.

You do not need these documents if the sponsor already has them as part of adopting the child through an Australian state or territory adoption authority.

• If the sponsor has paid child support or given an assurance of support for anyone else, the sponsor must provide a statement that shows:
  • the sponsor’s relationship with that other person or those people
  • the dates of lodgement of any sponsorship or nominations (including any current sponsorship) or assurances of support
  • the amount and frequency of child support payments.

Adoption Visa Subclass 102:  What this Adoption visa lets you do

This is a permanent residence visa. It allows the child to:

• travel to and stay in Australia indefinitely
• work and study in Australia
• enrol in Medicare, Australia’s scheme for health-related care and expenses
• apply for Australian citizenship (if they are eligible)
• sponsor eligible relatives for permanent residence
• travel to and from Australia for five years from the date the visa is granted — after that time they will need another visa to enter Australia

Adoption Visa Subclass 102: The child’s obligations

The child must comply with all Australian laws and all visa conditions. This includes:

• entering Australia by a set date
• not getting married or entering into a de facto relationship before arriving in Australia

You must tell the department of immigration and border protection in writing if circumstances change in a way that could affect the child’s eligibility for a visa, or your eligibility to sponsor the child.

Adoption Visa Subclass 102: Guardianship of children adopted from overseas

If  an adoption is not finalised or if it is not recognised by a state or territory adoption authority when the child enters Australia, the Minister for Immigration and Border Protection will be the guardian of the child. The guardianship powers are delegated to state and territory welfare authorities.

The minister stops being the guardian if any of the following occur:

• the child becomes an Australian citizen
• the child turns 18 years of age
• an Australian adoption order is made for the child

Adoption Visa Subclass 102: Who can sponsor a child

To be a sponsoring parent, you must be:

• the child’s adoptive or prospective adoptive parent
• older than 18 years of age

You must also be:

• an Australian citizen
• a permanent Australian resident
• an eligible New Zealand citizen

You do not need to be in Australia to sponsor the child for this Adoption visa. You can sponsor the child for this Adoption visa if you have:

• entered Australia in the past but you are outside Australia when they apply
• been granted your Australian permanent resident visa but you have not yet entered Australia.

Best interests of the child

This Adoption visa will not usually be granted if it is against the best interests of a child younger than 18 years of age.

Measures for the Protection of Children  has more information.

Character requirements

You must meet certain  character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until the department of immigration and border protection ask you to.

Assurance of support

The department of immigration and border protection might ask for an assurance of support for the child so that welfare costs for some migrants are not borne by the Australian community.

Do not provide an assurance of support unless the department of immigration and border protection ask for one and tell you what you need to do.

Adoption Visa Subclass 102: Sponsor obligations

As the sponsoring parent, you must agree to:

• be responsible for the cost to the Australian Government of the child living in Australia
• provide adequate accommodation and enough financial support to meet the child’s reasonable living needs for their first two years in Australia
• help the child settle in Australia
• support the child to attend any required English language classes

Source: The Australian Department of Home Affairs (www.homeaffairs.gov.au). Please visit www.border.gov.au to get updated information.

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