The Department of Home Affairs provides different processing times for various visa subclasses. Each visa application is different depending on your location and circumstances and accordingly, application processing time varies based on type of visa you are applying for. Further, during Covid-19 the Government has advised not to submit new visa applications before reading latest instructions and processing times on the Department’s website. As on 20 April 2020, the Department has provided revised visa processing times as impacted by changes in volume of applications, temporary peak and complexity of cases. Visa processing times of some visas are as under. Please consider this timeframe after the lodgment of the application and is subject to Department’s decision. Visa Subclass Processing Time of 75% of Applications Processing Time of 90% of Applications Partner Visa (subclass 100) 21 months 34 months Partner Visa (subclass 801) 13 months 21 months Partner Visa (subclass 820) 24 months 29 months Prospective Marriage Visa (subclass 300) 13 months 17 months Partner (Provisional) Visa (subclass 309) 13 months 21 months Child Visa (subclass 101) 10 months 14 months Child Visa (subclass 802) 13 months 14 months Contributory Parent Visa (subclass 143) 51 months 53 months Employer Nomination Scheme visa (subclass 186) – Direct Entry Stream 4 months 6 months Employer Nomination Scheme visa (subclass 186) – Transition Stream 7 months 8 months Regional Sponsor Migration Scheme (subclass 187) – Direct Entry Stream 25 months 37 months Temporary Skill Shortage Visa (subclass 482) – Short-term Stream 35 days 60 days Temporary Skill Shortage Visa (subclass 482) – Medium-term Stream 32 days 56 days Temporary Skill Shortage Visa (subclass 482) – Labour Agreement Stream 22 days 36 days Temporary Skill Shortage Visa (subclass 482) – Sponsorship 18 days 34 days Temporary Skill Shortage Visa (subclass 482) – Nomination 18 days 22 days Skilled Independent Visa (subclass 189) – Points Test System 12 months 12 months Skilled Independent (subclass 189 visa) – New Zealand Stream 13 months 17 months Skilled Nominated (subclass 190visa) 7 months 9 months Skilled Work Regional (provisional) Visa (subclass 491) – State/Territory Government Nominated 50 days 56 days Skilled Work Regional (provisional) Visa (subclass 491) – Family Sponsored 51 days 54 days Temporary Work (short stay) Visa (subclass 400) 14 days 21 days Temporary Work (International Relations) Visa (subclass 403) – Seasonal Worker Program 7 days 9 days Temporary Work (International Relations) Visa (subclass 403) – Pacific Labour Scheme 10 days 15 days Training Visa (subclass 407) 4 months 5 months Temporary Work Activity visa (subclass 408) – Various Streams 5 days 4 months Skilled – Recognised Graduate Visa (subclass 476) 13 months 17 months Temporary Graduate Visa (subclass 485) – Graduate Work 4 months 5 months Temporary Graduate Visa (subclass 485) – Post-Study Work 88 days 4 months Student Visa (subclass 500) – Various Streams 8 days 4 months Working Holiday Visa (subclass 417) 36 days 46 days Work and Holiday Visa (subclass 462) 28 days 35 days Visitor Visa (subclass 600) – Tourist 21 days 35 days Visitor Visa (subclass 600) – Family Sponsored 55 days 73 days Processing times of various visa subclasses is unavailable due to low volume of applications received by the Department in that category. Further, processing time for the new COVID-19 Pandemic Event Temporary Work Activity visa (subclass 408) has also not been made available by the Department. If you are seeking migration advice or guidance for your visa, Contact Us today or call us on (02) 4626 100 to speak to one of best migration agents in Sydney who can help you with your visa application.
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
Currently, Immigration laws state that if you were born outside Australia to an Australian citizen, even if the other parent is not, then you will be granted Australian Citizenship by descent. Provided that the parent has lived lawfully in Australia for 2 years and if you are you are of good character (if over 18), citizenship should be granted. The same criteria applies for people that were adopted by an Australian Citizen. The international law that covers this is the Hague Convention of Intercountry Adoption (effective from 1 May 1995). The standards and principles of the Convention must be met, even if the country you were born in is not a signatory. Australia currently has an active intercountry adoption arrangement with 13 countries, including Bulgaria, Chile, China, Colombia, Hong Kong, India, Latvia, Poland, South Africa, South Korea, Sri Lanka, Taiwan and Thailand. Citizenship occurs as an operation of law, which means there is no decision on whether to approve or refuse the citizenship. It is merely a finding of fact. To summarise, Australian citizenship by adoption therefore is automatically acquired under section 13 of the Australian Citizenship Act 2007 when: The adoption is finalised under Australian law; and you are present in Australia as a permanent resident; and at least one adoptive parent is an Australian citizen You do not need to be present in Australia if the adoption is recognised under Australian law while you are overseas. This means you can apply for citizenship overseas prior to arriving in Australia However it is important to note that if you were born before 22 November 1984, you will need to apply for citizenship by conferral. This means a decision can be made to refuse citizenship that is it is not automatically granted. You will need to provide evidence of your adoption and each state and territory in Australia has its own adoption procedures and requirements. Contact our Registered Migration Agents if you were adopted by an Australian citizen and are unsure of whether you qualify for Australian citizenship. We have some of the best immigration agents in Sydney so call us now on 02 46261002 or email admin@mckkrs.com.au and let our migration agents assist you.