Australian Visa Options for Adopted Children
Navigating the complexities of the immigration process can be challenging, including for children who are being adopted from overseas by an Australian citizen, Australian permanent resident (PR) or an eligible New Zealand citizen.
What Visa Options Can I Apply for Adopted Children?
Adoption Visa (Subclass 102) - This visa is intended for children who are adopted from offshore/overseas and are applying to enter Australia.
Child Visa (Subclass 802) - The Child Visa is available for children who are already onshore in Australia.
What are the Eligibility Criteria for Both Visas?
Adoption (Subclass 102) and Child (Subclass 802) Visa
The child must be dependent on an Australian citizen, permanent resident, or eligible New Zealand citizen.
The child must be single and:
Under 18 years of age, or
Under 25 if they are a full-time student financially dependent on their sponsoring parent or
Over 18 years with a disability.
The adoption must have been legally recognised in Australia or the child’s home country and must confer full parental rights.
The adoption can occur either before or after the parent becomes an Australian PR or eligible New Zealand citizen.
If the child was adopted after their parent becomes an Australian citizen, PR, or eligible New Zealand citizen, they must go through one of the following adoption processes:
Expatriate (private) adoption;
Third country Hague Convention adoptions
Visa eligibilities require suitable documentation to support the claims of adoption, including:
Adoption orders
Identification documents and
Evidence of the relationship between the child and the adoptive parents
Medical records, if required
The child must meet health and character requirements.
This visa allows the adopted children to live in Australia permanently and provides a pathway to Australian citizenship.
Related: What are the Child Visa Options in Australia? | Family Migration Program
How Can Agape Henry Crux Help You?
For families looking to adopt children from overseas, the Adoption Visa (Subclass 102) and Child Visa (Subclass 802) are possible pathways for bringing adopted children to Australia. Reach out to one of our immigration lawyers for professional advice. Our team of immigration lawyers and registered migration agents (RMA) at Agape Henry Crux works with our Accredited Specialist(s) in Immigration Law to handle highly complex matters. You can book a Migration Planning Session with our team by calling 02-8310-5230 or emailing us to book a time at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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