Orphan relative visa
(subclass 117)
The visa you are referring to is the Orphan Relative visa (subclass 117). It allows a child who is single to come to Australia to live with a relative if their parents are deceased, unable to care for them, or cannot be located. This visa enables the child to stay in Australia permanently and be cared for by their relative.
With this visa the child can
Once granted, the Orphan Relative visa (subclass 117) allows the child to:
- Stay in Australia indefinitely.
- Work and study in Australia in accordance with Australian laws.
- Enroll in Australia’s public healthcare scheme, Medicare.
- Sponsor eligible relatives to come to Australia.
- Apply for Australian citizenship, provided they meet the eligibility criteria.
Travel to and from Australia for 5 years
The Orphan Relative visa (subclass 117) 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. Additionally, they may consider applying for Australian citizenship, which would eliminate the need for a visa to enter Australia. They would need to apply for an Australian passport and use it for travel to and from Australia.
How long the child can stay
The Orphan Relative visa (subclass 117) is a permanent visa, allowing the child to stay in Australia indefinitely. For citizenship purposes, the child’s permanent residency status commences on the day they enter Australia on the visa.
Include other children
If the child has siblings who also wish to apply for the Orphan Relative visa (subclass 117), separate applications must be made for each sibling. Dependent children of the child can be included on their application when initially submitted or added later before a decision is made. These dependent children must also meet the health requirement. Additionally, family members who are not intending to migrate to Australia might also be required to meet the health requirement.
Cost
The visa fee for the main applicant of the Orphan Relative visa (subclass 117) is AUD 1,870. Additionally, there is a charge for each dependent child of the main applicant who applies for the visa. Other costs such as those for health checks, police certificates, and biometrics may also apply. You can utilize the Visa Pricing Estimator to estimate the total cost of your visa application. However, please note that this estimator may not include all associated expenses.
Apply from
The child must be outside Australia when the application is made and when we make a decision.
Processing times
To get an estimate of the processing times for the Orphan Relative visa (subclass 837), you can use the visa processing time guide tool. This tool provides information on the processing times for recently decided applications, but please note that it serves as a guide and may not reflect the exact processing time for your application.
The processing time for your application may be longer if:
- The application is not filled in correctly.
- All necessary documents are not included, or if additional information is required from you.
- It takes time for us to verify the information provided.
Please ensure that the correct visa application charge is paid, as we cannot process the application without it. If there are any issues with the payment, we will inform the visa applicant and may return the application if necessary.
The child's obligations
Visa label
The child’s visa will be digitally linked to their passport, meaning they will not receive a physical label in their passport. Upon granting the visa, we will provide a grant notification letter containing the visa grant number. This number is essential for accessing the digital visa record.
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
It’s important to note that you must not marry or enter into a de facto relationship before entering Australia on the visa. If your contact details change, be sure to update them accordingly. Failure to disclose any changes in relationship status or contact information could result in the cancellation of your visa.
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 criteria:
- Be under 18 years of age.
- Be over 18 years of age and financially reliant on the parent who holds the temporary Partner or Dependent Child visa.
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 dependent children included in the application, must meet the health requirement set by the Australian government. Additionally, dependent 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 our character requirement.
Additionally, we may request that other dependent children applying for the visa also meet this requirement.
Have paid back debts to the Australian Government
If the child or any member of their family owes the Australian Government money it must be paid it back or there must be a formal arrangement to pay it back.
Best interests of the child
We might not grant this visa if it is not in the best interests of an applicant under 18.
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.