What, then, are the eligibility requirements for the adoption visa? First, the adoption has to be in the best interests of the child. Second, there has to be an eligible sponsor (AUS Citizen/PR) – this is the adoptive parent/s. Third, the child must be under at 18 at the time the decision is made on the visa application. And of course, the primary factor determining whether or not the visa will be granted, the adoption itself.
There are 3 principal methods of adoption:
- Have been or be in the process of being adopted through an intercountry adoption or arrangement with the involvement of an Australian state or territory central authority;
OR
- Have been or be in the process of being adopted through an intercountry adoption between 2 countries, other than Australia, that are parties to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption
, OR
- Have been adopted through an adoption that did not involve an Australian state or territory central authority. This is also called an expatriate adoption. The adoptor must be an Australian citizen, an eligible New Zealand citizen or the holder of an Australian permanent visa. And they must have been living outside Australia for more than 12 months before lodging the visa application
.
If one of the above is satisfied, then you qualify for this visa subclass.
Seems straightforward right? Actually, not quite. As it happens, there is another question that is borne out of these complex definitions of adoption. Funny thing is that it involves adoption, but not this subclass of visa:
What if I was adopted by someone who was not an Australian Resident at the time, but became one at a later date?
Thankfully, here at the Migration Centre of Australia, we have knowledgeable migration agents that know the answer. Simply put, if you fulfil that criteria and your adoptive parent became an Australian Permanent Resident after the adoption, then this visa subclass does not apply to you. You will need to apply for the child visa (subclass 101). The other eligibility requirements are similar to those of the subclass 101 visa.
If you feel you qualify for either subclass, contact the Migration Centre of Australia now and our team of registered migration agents will help you migrate to Australia and join your family. Our expertise will be applied to ensure you get a successful outcome and are granted the visa. So call us at 0246261002 or email at admin@mckkrs.com.au
