Adoption Visa
This visa is granted to a child who has been adopted (or in the process of adoption) by:
- An Australian Citizen
- An Australian Permanent Resident
- an eligible New Zealand citizen living in Australia.
The child must also be sponsored by the adopting parent, and must be below the age of 18 years.
Basic Guidelines for Sponsor
- Australian adoption laws are very stringent & prolonged process, and is managed by the respective state or territory adoption authorities.
- Sponsors (Adoptive parents) must usually hold an Adoption compliance certificate before being eligible to adopt and subsequently apply for an adoption visa for the child.
- Adoption visa can be applied by Australian sponsors who have adopted a child, while living overseas as an expatriate for at least 12 months. However, such overseas period of residency must not have been contrived for the sole purpose of adopting a child.
- Sponsors must meet enhanced Character requirements.
Visa Application requirements
- Child must be below 18 years of age at the time of application
- Application to be made from outside Australia
- The child must be adopted or in the process of being adopted by the sponsor (adoptive parent) as per the law of the child’s home country.
- The adoption process must be in accordance to the Adoption convention and arranged through an Australian state or territory adoption authority.
- If the adoption was formalised privately by a sponsor while living overseas for more than 12 months; they must prove beyond doubt that their period of overseas residency was not for the sole purpose of adopting a child.
- The child applicant must meet the health (and character if over 16 years of age) requirements.
Sponsor
- Must be over the age of 18 years and usually resident in Australia.
- Must be an Australian citizen, Permanent resident or eligible New Zealand citizen residing in Australia
- Must meet Character requirements – if requested.
- Be responsible for caring the child adequately and provide accommodation, financial and other living needs for at least the first two years in Australia.
- Must assist the child settle in Australia and support the child to attend any English language classes if required
Orphan Relative Visa Holder - Rights
- SC 102 is a permanent residence visas allowing the Adopted child to live in Australia indefinitely.
- Can study, work, enroll in Medicare and apply for Australian citizenship.
- Can travel to and from Australia for up to 5 years.
After this period, they may have to apply for another visa to re-enter Australia (unless they have become an Australian citizen)
Please contact eMA by purchasing a MAP to discuss your specific circumstances, appropriate advice and costs for applying for an Adoption visa.