The Orphan Relative Visa (Subclasses 117 and 837) allows eligible children who cannot be cared for by their parents to live permanently in Australia with an eligible relative.
Subclass 117 is generally for eligible children who are outside Australia when they apply, while Subclass 837 is for eligible children who are already in Australia.
These visas are designed to provide eligible children with an opportunity to live with relatives in Australia in a safe and supportive family environment. An approved visa can provide permanent residence, allowing the child to live, study and work in Australia subject to applicable laws and requirements.
At Shanovia, we help families understand the eligibility criteria, prepare supporting documents and navigate the application process.
Orphan Relative Visa Eligibility Requirements
The Orphan Relative Visa has specific eligibility requirements. The child must generally be unable to be cared for by either parent because of circumstances such as the parents being deceased, permanently unable to care for the child, or the child being abandoned.
There are important differences between the two subclasses:
- Subclass 117: For eligible children who are outside Australia when they apply.
- Subclass 837: For eligible children who are already in Australia when they apply.
Basic Eligibility
Depending on the circumstances, the child generally needs to:
- Be under 18 years of age.
- Be single and not married or in a de facto relationship.
- Have a parent or parents who are deceased, permanently unable to care for them, or unable to be located.
- Have an eligible relative in Australia who can sponsor them.
- Be able to satisfy the relevant requirements concerning their ability to leave their current country.
- Meet applicable health and character requirements.
The exact requirements can depend on the child’s circumstances, location and relationship with the proposed sponsor.
Sponsorship Requirement
The child generally needs an eligible relative in Australia who can sponsor the application.
The sponsor may need to be an Australian citizen, Australian permanent resident or eligible New Zealand citizen and must satisfy the relevant sponsorship requirements.
Age Requirement
The child generally needs to be under 18 when the relevant visa application is made.
Because age requirements can be important in child visa applications, families should assess eligibility carefully before submitting an application.
Health and Character Requirements
The child may need to meet Australia’s health requirements and complete medical examinations requested by the Department of Home Affairs.
Character requirements may also apply depending on the child’s circumstances. Additional checks or documents may be requested by the Department.
Financial and Welfare Considerations
The sponsor may have responsibilities relating to the child’s care, accommodation and financial support.
The specific sponsorship and assurance requirements depend on the circumstances of the application. Applicants should not assume that government financial assistance will automatically be available after the visa is granted.
Orphan Relative Visa Australia Rights and Benefits
An approved Orphan Relative Visa can provide eligible children with permanent residence in Australia and the opportunity to live with their sponsoring relative.
Permanent Residency
The Orphan Relative Visa is a permanent visa.
An eligible child can live permanently in Australia and may have the opportunity to build their education, career and future in the country.
Stability and Family Support
The visa can allow an eligible child to live with a relative who can provide care and support.
This can provide greater family stability and a supportive environment for the child’s development.
Work Rights
Permanent residents generally have the right to work in Australia.
Once the child reaches the applicable working age, they can pursue employment opportunities subject to Australian laws.
Education Opportunities
Eligible permanent residents can generally access education in Australia.
The child can attend school and may later pursue vocational education, higher education or other study opportunities subject to the relevant rules and fees.
Healthcare
Eligible permanent residents may be able to enrol in Medicare, Australia’s public healthcare system, subject to Medicare eligibility requirements.
Future Citizenship
Permanent residence may provide a pathway to Australian citizenship in the future if the child meets the applicable citizenship requirements.
Citizenship is not automatic and has separate eligibility requirements.
Family Connections
The visa can help an eligible child remain connected with their family in Australia and live with a relative who can provide care and support.
Any future ability to sponsor other family members would depend on the relevant Australian immigration requirements at that time and is not an automatic benefit of this visa.
Orphan Relative Visa Australia Application Process
The application process involves several stages and can vary depending on whether the applicant is applying for Subclass 117 or Subclass 837.
1. Check Eligibility
The first step is to assess the child’s circumstances, age, location, relationship with the sponsor and ability to meet the requirements of the relevant visa subclass.
2. Prepare Supporting Documents
The applicant and sponsor need to gather documents that establish the child’s identity, family circumstances, relationship with the sponsor and the sponsor’s eligibility.
3. Complete the Application
The relevant application should be completed accurately with all required supporting information.
Incorrect or incomplete information can lead to additional requests or delays.
4. Submit the Application
The application should be submitted according to the current Department of Home Affairs instructions for the relevant visa subclass.
5. Pay the Applicable Visa Charge
Applicants must pay the applicable visa application charge and any other required costs, such as medical examination or police-check costs where applicable.
Visa charges can change, so applicants should check the current charges before submitting the application.
6. Complete Health and Other Checks
The Department may request medical examinations, police certificates or other information as part of the assessment.
7. Respond to Department Requests
If the Department requests additional documents or information, the applicant or sponsor should provide the requested material within the specified timeframe.
8. Wait for the Visa Decision
After the application and relevant checks have been assessed, the Department of Home Affairs will make a decision.
Processing times can vary significantly depending on the circumstances of the application.
Documents Required for Orphan Relative Visa
The exact documents required depend on the child’s circumstances. Supporting documents may include:
- Identity documents: Passport, birth certificate and other identity documents.
- Evidence of parents’ circumstances: Death certificates, medical or legal evidence, police reports or other documents demonstrating that the parents cannot care for the child.
- Relationship evidence: Documents establishing the relationship between the child and the sponsoring relative.
- Sponsorship documents: Evidence of the sponsor’s Australian citizenship, permanent residency or eligible New Zealand citizenship.
- Guardianship documents: Legal guardianship or custody documents where applicable.
- Care and support evidence: Documents demonstrating the sponsor’s ability and intention to provide appropriate care and support.
- Character documents: Police certificates or other character documents where required.
- Health documents: Medical examination results or other health information requested by the Department.
- Consent documents: Parental or other legal consent documents where applicable.
Documents that are not in English may require appropriate translations.
Orphan Relative Visa Processing Time
Processing times for Orphan Relative Visa applications can vary considerably.
The Department of Home Affairs considers individual circumstances when assessing applications. Factors that may affect processing include:
- Completeness of the application.
- Complexity of the child’s circumstances.
- Verification of documents.
- Health and character checks.
- Requests for additional information.
- The Department’s current workload.
Applicants should check the latest processing information provided by the Department rather than relying on a fixed processing period.
Providing complete and accurate documentation can help reduce avoidable delays.
Why Choose Shanovia for Orphan Relative Visa?
When a child cannot be cared for by their parents, arranging their migration to Australia can involve sensitive family and legal circumstances. Shanovia provides guidance to help families understand the visa requirements and prepare their applications carefully.
Knowledge of Family Visa Requirements
Our team can help you understand the requirements that apply to Orphan Relative Visa Subclass 117 or Subclass 837 based on the child’s circumstances.
Personalised Assistance
Every child’s situation is different. We consider the applicant’s circumstances, family relationships and sponsorship arrangements when providing guidance.
Document Preparation Support
We help identify the supporting documents required to demonstrate the child’s circumstances, relationship with the sponsor and other eligibility requirements.
Application Support
Our team can guide you through the relevant application requirements and help ensure that the information and supporting documents are properly prepared.
Assistance Throughout the Process
From initial eligibility assessment and document preparation to responding to Department requests, Shanovia can assist you throughout the visa process.
Conclusion
The Orphan Relative Visa Subclasses 117 and 837 can provide eligible children who cannot be cared for by their parents with an opportunity to live permanently in Australia with an eligible relative.
Because these applications involve strict eligibility, sponsorship and documentation requirements, careful preparation is important.
Shanovia can assist families in understanding the Orphan Relative Visa requirements, preparing supporting documents and navigating the application process.
If you are seeking an Australian visa for a child who cannot be cared for by their parents, contact Shanovia for professional guidance and support.
