Adoption Visa (Subclass 102) | Wintr Consulting

Adoption Visa (Subclass 102)

How to bring your adopted child to Australia. A permanent visa pathway for families.

The Adoption (subclass 102) visa is a permanent visa that allows a child who has been adopted (or is in the process of being adopted) by an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to move to Australia permanently and live with their adoptive parent(s).

The child must be under 18 years of age at the time of lodgement and when a decision on the visa is made. It is important the adoption must comply with both Australian adoption laws and the laws of the child’s country of origin.

Adoption Categories

The child’s adoption must fall into one of three categories:

Intercountry Adoption

Arranged via an Australian state or territory central authority.

Hague/Bilateral

Adoption under the Hague Convention or a bilateral agreement with an authority from another country.

Expatriate Adoption

Where the adoptive parent(s) have been living outside Australia for at least 12 months immediately before lodging the application.

Alternative: Citizenship by Adoption

In certain circumstances, a child adopted overseas may be eligible for Australian citizenship by adoption rather than applying for a visa. This applies where the intercountry adoption has been finalised outside Australia under the Hague Convention, or through a recognised bilateral adoption arrangement between Australia and the child’s country of origin. If Australian citizenship is granted overseas, the child can travel to Australia using an Australian passport.

Frequently Asked Questions

What if I was not an Australian citizen or permanent resident at the time of the adoption?

It only matters that you are an Australian citizen, or an Australian permanent resident, or an eligible New Zealand citizen at the time you sponsor your adopted child.

Are specific visa conditions imposed on this visa?

Yes. There are two notable conditions:
8502: The child must not arrive in Australia before the person specified in the visa (e.g., the sponsor).
8515: The child must not marry or enter into a de facto relationship before entry.
Failure to adhere can result in visa cancellation.

How do I apply the “best interests of the child” principle in my application?

The Department of Home Affairs will not grant a subclass 102 visa if it is deemed against the best interests of the child. For more information, see the Department’s page on measures for the protection of children.

What if the adoption isn’t finalised yet. Can I still apply?

Yes. Pre-adoption or applications “in process” are eligible under certain adoption arrangements such as intercountry, Hague Convention, or expatriate adoptions. It’s important to demonstrate that legal steps are underway and recognised by authorities.

Can I adopt and apply for this visa while living overseas?

Yes. Expatriate adoption is recognised when legal residency and adoption occurred outside Australia, provided certain criteria are met (e.g., at least one parent lived abroad for 12 months and adoption meets both home country and Australian legal standards).

Can my adopted child's siblings or dependents be included in the same application?

No. Each sibling requires a separate visa application.