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CHILDREN AND RELATIVES

Orphan Relative Visa (Subclass 117 & 837)

Providing permanent residency for a child who can no longer be cared for by parents due to death, disappearance, or permanent incapacity.
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The Orphan Relative visa offers permanent residency for a child who can no longer be cared for by parents. This visa enables the child to live with a close relative in Australia and access full rights as a permanent resident.

Visa Options

The child’s adoption must fall into one of three categories:

Orphan Relative (Subclass 117)

Offshore Application

This visa is designed for children who are outside Australia when they apply and when a decision is made on the application.

Key Benefits:

  • Grants permanent residency from the date of approval
  • Allows study and work rights
  • Access to Medicare
  • Eligibility to apply for Australian citizenship

Orphan Relative (Subclass 837)

Onshore Application

This visa applies to children who are already in Australia. The application can be lodged and processed while the child remains in Australia.

Key Benefits:

  • Identical to subclass 117
  • Allows the child to stay in Australia during processing

Key Eligibility Requirements

Both subclass 117 and subclass 837 visas carry the same components for assessment. The child and sponsoring parent must satisfy all the following requirements:
  • Age:

The child must be aged under 18 years old. There are no further concessions on age for this visa.

  • Status of Parents:
The child’s parents must be deceased, permanently incapacitated, or have disappeared (missing).
  • Sponsorship:
The child must be sponsored by an eligible Australian family relative.

Important Note

This visa is not intended for children who have parents and choose not to care for them or wish for their children to migrate to Australia.

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Frequently Asked Questions

Who is an eligible Australian relative?
Eligible family relatives may be a sibling or step-sibling, grandparent or step-grandparent, aunt, uncle, or their step equivalents, provided they are settled in Australia.
While each case is different and unique, the standard documents will include death certificates, medical reports, and documents issued by law enforcing authorities, where applicable. Wintr Consulting can assist with tailored checklists individual to your case.
The Department of Home Affairs provides estimated processing times through the Global Visa Processing Times tool. This page is updated regularly to reflect how long it has taken to process recently finalised applications.
Yes. The Department of Home Affairs will not grant a visa if it is deemed against the best interests of the child. For more information, see the Department’s page on measures for the protection of children.
Yes. The Department will carefully assess your financial ability and living arrangements. You must be able to provide each child with adequate accommodation and financial support for two years after they arrive in Australia, and the Department will assess whether this will place hardships on both you and the children.

Expert Support for All

From employer sponsorship and skilled migration to partner and family visas, we assist clients across a wide range of Australian immigration matters with professional guidance and personalised support. Contact us today to learn more.
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