- Australian citizen
- Eligible New Zealand citizen
- Australian permanent visa holder
They can be their parent’s:
- biological child
- adopted child
- stepchild
Adopted children
To be eligible for this visa, the adoption must have been finalised before the child turned 18.
The adoption can have happened either before or after the parent became an Australian citizen, Australian permanent visa holder or eligible New Zealand citizen.
If the child was adopted after their parent became an Australian citizen, Australian permanent visa holder or eligible New Zealand citizen, they must have been adopted:
- through an intercountry adoption with the involvement of an Australian state or territory central authority, or
- through an intercountry adoption by arrangement between two countries (other than Australia) that are parties to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (the Hague Adoption Convention), or
- if no Australian state or territory central authority was involved, through an expatriate adoption by an Australian citizen, an eligible New Zealand citizen or the holder of an Australian permanent visa who has been living outside Australia for more than 12 months before the adoption was finalised
Learn more about adopting a child overseas from Intercountry Adoptions Australia.
It is recommended that you obtain independent legal advice both in Australia and in the child’s country of usual residence before proceeding with an expatriate adoption as there are risks for both the child and the adoptive parents in this process.
Stepchildren
To be eligible for this visa, a stepchild must:
- be the child of their step-parent’s former partner
- be aged under 18
The step-parent must also have either:
- an Australian parenting order in force that says the child is to live with them and be looked after by them, or
- guardianship or custody of the child under an Australian law or the law of another country