Applicant and Sponsor Eligibility – Adopted Children

Certain circumstances must be met for adoptive parents to apply for this visa on behalf of the child.

Adoptive parents who adopted while living in Australia

The following circumstances apply for adoptive parents living in Australia at the time the child was adopted:

• the relevant Australian State or Territory Adoption Authority (STAA) must have been involved in managing the adoption process
• the child was adopted under an arrangement between two Hague Convention countries and an Adoption Compliance Certificate is in force
  or
• the child was adopted before the sponsoring parent became an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

People who are considering adopting a child from overseas should contact the adoption authority in their state or territory.
See: State and Territory Adoption Authorities

Adoptive parents who adopted while living overseas

The following circumstances apply for adoptive parents who were living overseas at the time the child was adopted the:

• adoptive parents must have been living overseas for more than 12 months when the adoption took place. This requirement may not apply when compelling or compassionate circumstances exist. Contact the nearest departmental office.
  See: Contact Us – Child Visas
• adoptive parents' residence overseas was for other reasons than to adopt a child
• adoption was in accordance with the laws of the country in which the child lives
• adoption gives full and permanent parental rights (that is, the adoption severs the legal ties between the child and the birth parents) to the adoptive parents.

Privately arranged adoptions

Australian State and Territory Adoption Authorities do not generally support privately arranged adoptions, including the adoption of children who are relatives. They will not help applicants/sponsors to meet the visa requirements for granting a visa to an adopted child.

The concept of adoption does not exist in the laws of some countries.

An adoption order which does not grant full parental rights to the adoptive parents is not acceptable for the grant of a Child visa.

Adoptive parents need to ensure that any privately arranged adoption is lawful in the child's home country.

There is no provision to grant a visa to a child who does not meet the requirements for this visa even if an adoption, that is lawful in the child's home country, has occurred.

Important: People wanting to proceed with an adoption from overseas, which has not been arranged by an Australian State and Territory Adoption Authority, should first seek legal advice both in Australia and in the country where the child lives.

Sponsorship requirements

The applicant must have been adopted by the adoptive parent who must act as sponsor for the child. Sponsors must have turned 18 years of age and be one of the following:

• an Australian citizen
• the holder of an Australian permanent resident
• an eligible New Zealand citizen.
  Note: A sponsor who is an eligible New Zealand citizen must also meet health and character requirements.

Age of child

The child must have been adopted before the child turned 18 years of age. If the child was adopted after they turned 18 years of age the child will not be eligible for this visa.

Important: The child must be single. They must not be married, in a de-facto relationship or engaged to be married.

Health requirements

The applicant must meet health requirements.
See: Health requirements

Character requirements

Applicants who have turned 16 years of age , must be of good character to enter and remain in Australia.
See: Character and penal clearance requirements

Sponsorship limitation and best interests of the child

Where an applicant is under 18 years of age, the sponsorship cannot be approved (except in very limited circumstances) where the sponsor or the sponsor's spouse or de facto partner (if they have one) has a conviction or an outstanding charge for an offence against a child. The applicant will also need to satisfy the requirement that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant.

In order to assess the sponsorship application and the best interests of the child requirement, sponsors of children under 18 years of age, and their spouse or de facto partner, are required to submit an AFP National Police Check and/or foreign police certificate/s, depending on their circumstances. If the sponsor, or their partner, has spent a total of 12 months or more in Australia since turning 16 years of age, that person must provide an AFP National Police Check. They must also provide police certificates from each country in which they have spent a total of 12 months or more in the last 10 years since turning 16 years of age. However, where an Australian state/territory adoption authority has approved the adoption, an AFP National Police Check is obtained as part of the approval process and a further National Police Check is not required with the application.

Note: Sponsors or partners required to submit an AFP National Police Check must complete the National Police Check application form which is available from the Australian Federal Police website. Sponsors or partners should use Code 33 at Question 1 on the form and include details of all names they have been known by. If an AFP Certificate is provided based on incorrect information, the department may request another certificate. Fingerprints are not required for AFP National Police Checks.
See:
Stronger Measures for the Protection of Children
AFP National Police Checks
Character Requirements Penal Clearance Certificates (233KB PDF file)

Additional requirements for lodging a valid application for certain Child (Subclass 802) visa applicants

Children who do not hold a substantive visa, and have been refused a visa or had a visa cancelled, must meet additional requirements in order to lodge a valid application for a Child (Subclass 802) visa. They must:

• have not turned 25 years of age unless claiming to be incapacitated for work due to total or partial loss of bodily or mental functions; and
• provide an approved Form 40CH Sponsorship for a child to migrate to Australia that has been completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who claims to be the parent of the applicant.

If claiming to be incapacitated for work due to total or partial loss of bodily or mental functions, the applicant must provide evidence from an Australian registered medical practitioner to support the claim.

Reliance on social security

If the applicant, or their sponsor, is likely to become a high user of Australia's social security system, an Assurance of Support (AoS) from an Australian citizen or Australian permanent resident, may be required. If requested, the department will advise how an Assurance of Support can be obtained.
See: Fact Sheet 34 - Assurance of Support

Australian Values Statement

All visa applicants who have turned 18 years of age, are required to sign an Australian values statement. The statement is included in the visa application form and all applicants aged 18 years of age and over will need to sign it. Before signing the statement, applicants for this visa are required to have read, or had explained to them, material made available by the government on life in Australia which is contained in the Life in Australia book.

The Life in Australia book provides more information on the values that Australians share and their way of life.
See:
Australian Values - Overview
Life in Australia Book

Before lodging an application, please read all related requirements.
See: Eligibility