Orphan Relative Visa (Subclass 117 & 837) | Wintr Consulting

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.

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

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:

1. Age: The child must be aged under 18 years old. There are no further concessions on age for this visa.
2. Status of Parents: The child’s parents must be deceased, permanently incapacitated, or have disappeared (missing).
3. 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.

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.

What proof is required to confirm the child’s orphan status?

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.

What are the processing times?

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.

Does this visa consider the best interests of the child?

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.

Can I sponsor siblings who are my orphan relatives?

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.

Orphan Relative Visa (Subclass 117 & 837)

Visa Options

Orphan Relative (Subclass 117)

Key Benefits:

Orphan Relative (Subclass 837)

Key Benefits:

Key Eligibility Requirements

Important Note

Frequently Asked Questions

Acknowledgement of Country