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Child Migration / Adoption
Category |
Sub Class |
Form |
Fee(Rs.) |
Period |
Child
Migration Visa |
101 |
47CH
(See Annexure
Australia XXVII)
40CH
(See Annexure
Australia XXVI) |
49300 |
N.A |
Adoption Visa |
102 |
47CH
(See Annexure
Australia XXVII)
40CH
(See Annexure
Australia XXVI) |
49300 |
N.A |
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Child Migration (Dependent Child)
This visa is issued to natural child of the sponsor. This is a permanent visa that allows a child to travel to and remain in, Australia, with their parent who is also their sponsor.
The parent must be an Australian citizen, permanent resident or an eligible New Zealand citizen. This visa is for a child under 25 years of age who 'ants to migrate to Australia.
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The parent acts as a sponsor for the child and can lodge the visa application on behalf of the child.
This visa allows the visa holder to:
. live permanently in Australia
. travel to and from Australia for five (5) years from the date the visa is granted.
Adoption Visa
This is a permanent visa for children from India who have been adopted, or are about to be adopted. For this visa, an adoptive or prospective adoptive parent must be an Australian citizen, the holder of an Australian permanent visa, or an eligible New Zealand citizen.
An adoptive or prospective adoptive parent acts as' a sponsor for the child and usually lodges the visa application on behalf of the child. This visa is for those children, under 18 years of age, who are in the process or have been adopted under certain circumstances. This visa allows the visa holder to:
. live permanently in Australia
. travel to and from Australia for five (5) years from the date the visa is granted.
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Conditions
Child Migration (Dependent Child)
. The child must be the natural, adopted or step child of his / her sponsor, who must be an Australian citizen, the holder of an Australian permanent visa, or an eligible New Zealand citizen.
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A step child can only be included in the Child visa category if the step child is under 18 years of age and the sponsoring step parent is no longer the spouse of the child's natural or adoptive parent but has a legal responsibility to care for the child.
. Adopted children applying in India must have been adopted before their parent became an Australian citizen, the holder of an Australian permanent visa, oran eligible New Zealand citizen.
If the child was adopted after the sponsoring parent became an Australian citizen, the holder of an Australian permanent visa, or an eligible New Zealand citizen, he/ she should apply in the 'Adoption' visa category. (Sub Class 102). The child must be dependent on his / her sponsor.
A child under 18 years of age is considered to be dependent. However for a child 18 years of age or older to be considered dependent, he / she must rely more on his / her sponsor than on any other person or source of financial support in either one of the circumstances below:
to meet his / her basic needs of food, shelter and clothing, and he / she must have relied on this support for a substantial period (usually 12 months)
dependency due a disability that prevents the child in working to support him / herself.
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Note - Disability means that the child has total / partial loss of his / her bodily /mental functions, and he / she is unable to work because of it.
. The child must be under 25 years of age when the visa application is lodged. If the child is 18 years of age or older, he / she must also be a full time student and financially dependent on his / her sponsoring parent.
To be considered a full time student, the child must:
be validly enrolled, and actively participating, in a full time post secondary course of study leading to a professional, trade or vocational qualification
have been undertaking that course since turning 18 years of age, or have commenced studies within six (6) months or a reasonable period of completing secondary education not be in full time employment.
Note - The only exception to this age limit and full time student requirement is where the child has a disability that stops him / her from working.
. The child must be single. He / she must not be married, in a defacto relationship or engaged to be married.
Note - If the child is 18 years of age or over, the child must not only be single, rather he / she must never have been married or had a defacto spouse.
. An applicant who is 16 years of age or over must be of good character to enter or remain in Australia.
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If a Child visa is granted, the sponsor must provide support for the child, including accommodation and financial assistance required to meet the child's reasonable needs during their first two (2) years in Australia.
Adoption Visa
. Parents of the adopted / to be adopted child must have been living overseas for the 12 months prior to making an application for this visa.
. Parents of the adopted / to be adopted child's residence in India was not solely to adopt a child.
. The adoption was in accordance with the Indian laws where the child lives.
. The adoption gives the parents full and permanent parental rights (Le. the adoption severs the legal ties between the child and its birth parents).
Or Parent have adopted the child under an arrangement between two (2) Hague Convention countries other than Australia.
. Relevant Australian State or Territory Adoption Authority (STAA) where the adoptive parents are living in Australia must be involved in managing the adoption process with the India where the child is living.
. The applicant must be under 18 years of age at the time his/her application is lodged. If an applicant is under 18 years of age at the time of application but will turn 18 before the application is decided, he / she will not be eligible for this visa.
Note - The applicant must be single and not married or in a defacto relationship or engaged to the married.
The applicant must have been adopted or be in the process 6f being adopted by the adoptive of prospective adoptive parent who must act as sponsor for the child. Sponsors must be aged 18 years or over, and be an Australia citizen or the holder of an Australian permanent visa or an eligible New Zealand citizen.
Note - A sponsor who is an eligible New Zealand citizen must also meet health and character requirements.
How to apply for Child Migration / Adoption Visa?
. The sponsor in Australia must complete "Sponsorship for a child to migrate to Australia Form 40CH (See Annexure Australia XXVI) before applying for a partnership visa in India or in Australia.
. After receipt of Form 40CH, the applicant child should now complete and sign" Application for migration to Australia by a Child Form" 47CH (See Annexure Australia XXVII).
. Applicant should lodge all these form(s), together along with the supporting documents at the Australian mission.
. After the lodgment of the application, if there is any change in applicant's address or passport, or applicant intend to change his / her residential address for more than 14 days while the application is still under processing, applicant must advise the mission about this change through" change of address and / or passport details form 929 (See Annexure Australia-XXIV). It is recommended to advise the mission of the new address prior to moving, and for how long the applicant will remain there.
Documents Required
. Completed and signed "Sponsorship for a child to migrate to Australia" Form [40CH] (see Annexure Australia XXVI) alongwith all the relevant documents
.Completed and signed" Application for migration is Australia by a Child Form" [47CH] (See Annexure Australia XXVII) alongwith all the documents.
. Evidence of payment of applicable fee.
. Original birth certificate for each applicant. If an applicant does not have a birth certificate, a school certificate bearing his date of birth.
. Evidence that the sponsor has been supporting the applicant financially for his daily basic needs e.g., receipts of money transfers.
. Evidence of applicant's contact with the sponsor e.g., letters and cards with original envelopes, itemized telephone accounts, evidence of any e-mail correspondence.
Statement from the applicant's natural mother / father stating that she/he does not have an objection to his permanently migrating to Australia.
. A photo identification document of the parent bearing his/her signature on the no objection certificate:
. Evidence that the applicant's sponsor is able to fulfill the sponsorship undertaking (refer to Form 40 Part I) (e.g. latest two year notice of tax assessment; current pay slips or other satisfactory evidence of alternative income; evidence of major assets, including bank or similar accounts, details of real estate / motor vehicle ownership).
. Evidence of Australian citizenship or permanent resident status of your sponsor (e.g. Australian citizenship certificate or copy of passport pages which show identification page, permanent visa and any arrival/ departure stamps for Australia).
. 4 passport size photographs for all applicants.
Additional Documents in case of an Adopted Child
. Support letter from a State or Territory Adoption Authority in Australia approving the adoption.
. Evidence of Australian citizenship or permanent resident status of your sponsor (e.g. Australian citizenship certificate or copy of passport pages which show identification page, permanent visa and any arrival / departure stamps for Australia).
. 4 passport size photographs of the applicant.
. Certified copies of the adoption papers or the adoption compliance certificate, including evidence that the authority in India permits the child to migrate to Australia.
.If the child has been adopted by ex patriate adoptive parents without the support of an Australian State / territory adoption authority, provide a written statement outlining the reasons for the adoptive parent residence in India
. Processing time required is from 4 to 9 months.
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