If you or your spouse (or de facto partner) have legally adopted a child and have full and permanent parental rights, you can sponsor the child for a permanent Adoption Class AX Subclass 102 visa or Adopted Child Visa Australia.
At the time you adopted your child, you must be an Australian citizen or permanent resident or an eligible NZ citizen. And you had been residing overseas for more than 1 year at the time of lodging the Adoption Class AX Subclass 102 visa application.
You can sponsor your adopted child whom you have adopted outside of Australia or in the process of adopting, and he or she is under 18 at the time of visa grant. Your adopted child must not be married or in a de facto relationship.
If your adopted child has siblings and he or she is the family head, they can be included in a combined visa application. Siblings will not be able to make a separated application for Adoption Child Class AX Subclass 102 visa unless they themselves are adopted.
Having criminal record or history
To be able to sponsor your adopted child, you must not have any unresolved criminal charge, or a criminal conviction, or has a registerable offence (for example, sexual or physical assault of a child, child pornography and child prostitution). However, you may be able to request to have the sponsorship limitation waived if your criminal conviction happened more than 5 years ago and there are compelling circumstances affecting your adopted child and/or you.
If your adopted child sponsorship is approved, you may be required to provide an Assurance of Support to ensure your child does not need to rely on social security benefits (click here to learn more).
Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) to help you decide if you are eligible to sponsor your adopted child (click here to find out how an immigration lawyer or registered migration agent can help you). You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.
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This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.