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Subclass 102 Adoption visa
Understand all there is to know about the Adoption visa subclass 102
The adoption visa is a permanent visa that enables adopted children to come to Australia and reside with their adoptive parents. This visa can only be applied for when the child is outside of Australia.
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The Australian Migration Lawyers difference
Fixed price
There are no hidden costs for our services. Our fees are clearly set out in a fee agreement.
Deal direct with a lawyer
From the first same-day response to the granting of your visa, you’ll have direct access to a lawyer.
Clear communication
Our experienced lawyers will give you regular updates and clear explanations of visa pathways.
Satisfaction guarantee
We offer a client satisfaction guarantee in relation to our visa application services.
Installments available
3 - 6 months installment options available on some visa types.
What is an Adoption visa?
This is a visa that allows children adopted overseas to live in Australia with their adoptive parents. Children on this visa are permitted to study, work, access Australia’s healthcare scheme (Medicare) and sponsor their relatives to come to Australia if they are eligible for another visa.
Eligibility requirements for an Adoption visa
To qualify for the Adoption visa, the child must fulfill the following eligibility criteria:
- Be adopted or in the process of being adopted by their sponsor parent
- Be under 18 years of age at the time of adoption
- Be outside of Australia at the time of application and when the visa is granted
- Meet the health and character requirements
The adoptive parent must meet the following criteria:
- Be an Australian citizen, permanent resident or an eligible New Zealand citizen.
Benefits of the Adoption visa
The adoption visa is a great route for adopted children to attain Australian citizenship. It allows the child to:
- Remain in Australia indefinitely
- Travel to and from Australia for 5 years
- Work and study in Australia
- Enroll in Australia’s public healthcare scheme (Medicare)
- Sponsor eligible relatives
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Adoption visa checklist
Adoption visa applications are submitted in paper format and require a substantial amount of evidentiary documents. The following documents must be provided to support this visa application:
- National identity card
- Proof of name change
- Passport
- Photographs of the child
- Child’s adoption papers or adoption compliance certificate
- Police clearance certificate for children over 16 years
- Health examination
How the Adoption visa works
This visa must be submitted on paper by post, and should be accompanied by all the required documents. Given the considerable volume of extra documents required, it is recommended to seek legal advice as inadequate evidence could lead to setbacks in the visa process.
Future visa pathways
One of the benefits of the adoption visa is the child attains permanent residency on the day that the visa is granted which creates a direct pathway for the child to be eligible to become an Australian citizen at a later point in time.
Benefits of using an immigration lawyer
The team at Australian Migration Lawyers is experienced in handling numerous adoption visas and other primary applications including those that are of a complex nature. One of our core objectives is to enhance access to justice, and we strive to assist every individual who has engaged us with their visa application.
At Australian Migration Lawyers, our team comprises qualified Australian lawyers who possess an in-depth understanding of Australian migration law and case law. We provide guidance for your visa application and are able to propose alternative solutions and options when necessary. We are dedicated to ensuring that your visa application adheres to all legal requirements thereby increasing your likelihood of a desirable result.
Our support extends from assisting with application preparation to securing visa approval, and we work collaboratively with you to provide further documents or information requested by the Department of Home Affairs.
- At Australian Migration Lawyers, our team consists of certified Australian lawyers who harness their profound understanding of Australian laws and legal precedents to offer guidance for your visa application. We also advise on other migration avenues and strategies at your disposal.
- As legal professionals, we bear the responsibility of ensuring that your visa application aligns with all statutory prerequisites, thereby naturally increasing your chances of a favourable outcome.
- We extend our assistance with preparing your application right through to the visa's approval, including collaborating with you to address any additional requests made by the Department of Home Affairs.
Adoption visa costs
There are two main costs associated with adoption visas:
Professional fees
Our fees will vary depending on the circumstances of your application. Some applications will be more complex than others and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about what the total costs associated with their visa application will be. We offer payment plans based on different financial needs to provide flexibility for our clients.
Department fees
The current fee for the Department of Home Affairs in relation to adoption visas is $3,055. This fee must be paid upfront and the Department does not accept split payments. Payment can be made using debit/credit card, PayPal, UnionPay and BPAY.
Visa application process
Applying for a visa to Australia can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you apply for the right visa.
1. Consultation and engagement
Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
2. Preparation and support
We will prepare written submissions in support of your visa application. This will be based on your individual circumstances, and supported by evidence where appropriate.
3. Submission and communication
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.
4. Representation and success
We will keep you informed about your application, and notify you of the outcome. If you receive an unfavourable outcome and we can reapply, we will!
Processing times
Processing times for Adoption visas are between four and 23 months and could possibly take longer if the application forms are not accurately filled out. Therefore, it is advised to seek professional legal advice to prevent potential delays or refusals.
Considerations
The legal professionals comprising our team at Australian Migration Lawyers are experienced practitioners in the field of Australian migration law..
It's important to note that, as lawyers, we cannot provide assurances regarding the approval of your Partner visa, as such guarantees do not exist. The ultimate decision lies with the Department of Home Affairs, independent of any single representative, lawyer, or migration agent. Nevertheless, our comprehensive understanding of the law positions us to markedly enhance your likelihood of a successful outcome.
Once approved, the following visa conditions may be attached to the visa:
- The applicant must not arrive before a person specified in the visa has entered Australia
- The applicant must not marry or enter into a de facto relationship before entering Australia
Meet your Australian Migration Lawyer
We’re a diverse team of professionals with decades of combined experience. We care about your situation and will make sure you always get the support and advice you need.
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Locations
We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
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Hobart
Learn moreFrequently asked questions
Read our most frequently asked questions about Adoption visas:
Can I submit an adoption visa application on behalf of my adoptive child?
Adoptive parents are permitted to submit an application on the adoptive child’s behalf.
Can other children be included in the application?
The child’s siblings who wish to apply for the adoption visa can do so as well provided that they submit separate applications.
Are there countries the Australian government will not accept adopted children from?
As of 14th December 2015, the Department is unable to accept adoption visa applications for children who have been adopted in Pakistan.
About the content author
Perry Q Wood is Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.
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