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Orphan Relative visa (onshore)
(subclass 837)
The Orphan Relative visa (Subclass 837) allows a child under 18 years old to stay in Australia with a relative when their parents are either deceased, unable to care for them, or cannot be located. This visa enables a child under 18 years old, who has no parent to care for them, to stay in Australia and live with a relative. The child must be sponsored by a family member who is an Australian citizen, eligible New Zealand citizen, or Australian permanent resident. The child must be inside Australia when the application is made and when a decision is made. You can apply for this visa only through a paper application.
Eligibility
To apply for a Subclass 837 visa, both the applicant (the child) and the sponsor (the Australian relative) must meet certain criteria. The eligibility requirements ensure that children who are orphaned and in need of care are given the opportunity to be with their eligible family members in Australia. Let’s explore the core requirements in detail.
Eligibility of the Child Applicant
The child applicant must meet the following conditions:
- Age Requirement: The applicant must be under the age of 18 when they lodge the application and not have a spouse or de facto partner. This is a strict requirement to ensure that the child remains a dependent of their sponsor.
- Orphaned Status: The child must be an orphan relative, which means they have lost parental care. This can occur if both parents are deceased, missing, or permanently unable to care for the child due to physical or mental incapacity. Supporting documents such as a death certificate or a medical report are essential to prove the child’s orphan status.
Parental Consent: If applicable, the child must provide consent from any parent or legal guardian. This is especially important in cases where one parent is still living but unable to care for the child.
- Family Relationship: The applicant must be a relative of an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen.
- Consent to stay: The child must have consent from the relevant legal guardians or legal authorities to remain to Australia.
Eligibility of the Sponsor
The Australian relative who sponsors the child must meet specific criteria:
Age: The sponsor must be at least 18 years old.
Settled Status: The sponsor must be a settled Australian citizen, permanent resident, or eligible New Zealand citizen. This means the sponsor must have been residing in Australia on a long-term basis, demonstrating stability and capacity to provide care.
Relationship to the Child: The sponsor must be a close relative, such as a parent, grandparent, sibling, aunt, or uncle. This relationship must be proven through legal documentation such as a birth certificate or family record.
Sponsorship Capacity: The sponsor must prove they have the means to financially support the child and ensure they will be cared for in Australia. This can involve providing financial documentation, employment records, and other evidence of their ability to support the child’s needs.
Benefits of the Visa
Once granted, the Orphan Relative visa (subclass 117) allows the child to:
- Work and study in Australia in accordance with Australian laws.
- Enrol in Australia’s public healthcare system, Medicare.
- Apply for Australian citizenship, provided they meet the eligibility criteria.
- Stay in Australia indefinitely as a permanent resident which allows the child to travel to and from Australia as many times as they wish for 5 years from the visa grant date, provided the travel facility on the visa remains valid. If the child wishes to travel after the initial 5-year period, they must apply for and be granted a Resident Return (RRV) visa to re-enter Australia as a permanent resident.
What You Need to Do
The application process involves several steps to ensure the child’s eligibility and that the necessary documents are provided.
Prepare Your Documents:
- Provide proof of identity, including a passport, national identity card (if applicable), and any documents showing changes in name.
- Provide photographs (4 recent color photos, 45mm x 35mm).,
- Submit evidence the child has no parents who can care for them, such as death certificates or medical reports.
- Submit proof of the child’s relationship to the relative sponsoring them, like a birth or adoption certificate.
Submit the Paper Application:
- Complete Form 47CH (Application for Migration to Australia by a Child) and Form 40CH (Sponsorship for a Child to Migrate to Australia).
- Pay the application fee and send the completed forms and certified copies of documents by post or courier to the Child and Other Family Processing Centre in Perth.
Wait for a Decision:
- After submitting the paper application, the department will review the documents and notify you about the outcome. The child must remain inside Australia until a decision is made.
- If the visa is granted, the child will receive permanent residency and the ability to stay in Australia. If the visa is refused, the department will provide the reasons and details about the right to a review.
Include other children
When applying for the subclass 117 visa, siblings under 18 years of age can be included as a combined application if they are also part of the primary applicant’s family unit, provided they also pay the visa application charge. If that sibling is later assessed and found not to be part of the family unit, they won’t meet the visa grant criteria, and the visa application charge that they paid will not be refundable.
If a family member, such as a sibling who is also under 18 years of age, is not claiming to be part of the family unit, they must submit a separate application and pay the visa application charge, even if they apply at the same time as the primary applicant.
Visa cost
The visa fee for the main applicant of the Orphan Relative visa (subclass 117) is AUD $1,920. Additionally, there is a charge for each secondary applicant who applies for the visa. Other costs such as those for health checks, police certificates, and biometrics may also apply.
Apply from
The child must be inside Australia when the application is made and when a decision is made by the Department of Home Affairs.
Contact Us for Assistance
Applying for a Subclass 117 visa can be complex, but with the right support, it can lead to a life-changing opportunity for children in need of care. For assistance with your application, it is highly recommended to consult with an experienced migration agent or legal professional who can guide you through the process and ensure your application meets all the requirements.
Eligibility
Have a sponsor
The child must be sponsored by an eligible sibling or step-sibling, grandparent or step-grandparent, aunt, uncle, step-aunt, or step-uncle. It’s essential to note that the sponsorship must be approved by the authorities, and sponsorship might not be approved if the parent or their partner has been charged or convicted of offenses involving children. Measures for the protection of children are taken into consideration during the sponsorship approval process.
Be this age
The child must meet one of the following age criteria:
- Be under 18 years of age, or
- Be over 18 years of age and recognised under formal arrangements as an adopted child before that child had turned 18.
Have no parent who can care for them
The visa will not be granted unless the child has no parent who can care for them. This situation may arise if both parents are deceased, permanently incapable of caring for the child, or cannot be found. However, if the child’s parents are capable of caring for them but do not want to, the visa will not be granted.
Have consent to migrate to Australia
The visa will only be granted to a child under 18 years old if they have obtained written consent from all individuals who have the legal authority to decide where they live. Additionally, the child can be granted the visa if the laws of their home country permit them to leave, or if it aligns with any Australian child order concerning the child.
Meet the health requirement
The child applying for the visa, as well as any other children included in the application, must meet the health requirement set by the Australian government. Additionally, children who are not applying for the visa but are part of the family might also need to meet the health requirement.
Meet the character requirement
If the child is aged 16 years and older, they must satisfy the character requirement.
Additionally, the Department of Home Affairs may request that other secondary children applying for the visa also meet this requirement.
Best interests of the child
This visa may not be granted if it is not in the best interests of a child.
Conditions
8502 - Not arrive before person specified in visa
You must not enter Australia before the person specified in the visa has entered Australia. This is usually the main visa holder or other relevant person such as your sponsor in the case of a Partner visa.
8515 - Must not marry or enter into a de facto relationship before entry
You are not allowed to marry or enter into a de facto relationship before entering Australia on this visa. Failure to comply with this condition may result in the cancellation of your visa if it is discovered that you were engaged, married, or in a de facto relationship before the visa was granted and you did not inform the authorities. If your contact details change, it is important to update them accordingly.