Complete Orphan Visa Guide for Subclass 117 & 837

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When a child loses both parents or is left without anyone to care for them, the situation is not just heartbreaking — it’s also filled with legal and emotional complexities. If you're an Australian citizen, permanent resident, or eligible New Zealand citizen looking to bring an orphaned relative to Australia, the Orphan Relative Visa (Subclass 117/837) may offer a path forward.

In this Orphan Visa Guide, we’ll break down everything you need to know — from eligibility requirements to the application process  in plain language, so you can understand how to navigate this difficult time with clarity and confidence.


What Is an Orphan Relative Visa?

The Orphan Relative Visa is designed to allow orphaned children to move to or stay in Australia to live with a close relative, such as a sibling, aunt, uncle, or grandparent. There are two main types:

  • Subclass 117: for children applying from outside Australia.

  • Subclass 837: for children already in Australia when applying.

These visas are permanent residency visas, meaning the child will have the right to live in Australia indefinitely, access Medicare, study, and later apply for citizenship if eligible.


Who Is the Orphan Visa For?

This visa is intended for children under 18 who:

  • Have no living parents, or their parents cannot care for them due to serious circumstances (like being permanently incapacitated, missing, or detained).

  • Are not married or in a de facto relationship.

  • Are sponsored by an eligible relative in Australia.

The sponsor must be:

  • An Australian citizen, permanent resident, or eligible NZ citizen,

  • Over 18 years old,

  • A close relative (sibling, aunt/uncle, or grandparent),

  • Willing and able to support the child’s living arrangements in Australia.


Orphan Visa Guide: Eligibility Checklist

Here’s a simplified Orphan Visa Guide checklist to see if your situation fits the criteria:

For the Child:

  • Under 18 years of age

  • Single (not married or in a de facto relationship)

  • Has no parent able to care for them

  • In genuine need of permanent care

For the Sponsor:

  • Must be a relative as defined by Australian immigration law

  • Must be settled and able to support the child

  • Must pass character checks

  • Must provide written sponsorship obligations


What Documents Are Needed?

Documentation plays a critical role in proving the child’s eligibility and your ability to sponsor. Some common requirements include:

  • Child’s birth certificate

  • Death certificates of parents (or documentation showing inability to care)

  • Medical or legal reports if parents are incapacitated or imprisoned

  • Evidence of your relationship to the child (family tree, legal documents)

  • Character and police checks for the sponsor

  • Sponsorship form and financial support evidence

Supporting evidence must clearly show that the child is orphaned and genuinely in need of care.


What’s the Application Process Like?

Here’s how the process typically works:

  1. Lodge the application (Subclass 117 outside Australia, or 837 inside).

  2. Submit all documents through ImmiAccount or by paper application.

  3. Pay the visa fee (currently around AUD 2,790, but subject to change).

  4. Wait for assessment — the Department of Home Affairs may request further documents.

  5. Receive a decision. If granted, the child becomes a permanent resident.


Orphan Visa Processing Time

The processing time for the Orphan Relative Visa varies depending on several factors:

  • Complexity of the case

  • How complete the documentation is

  • Whether further verification is needed

Currently, it can take up to 12–24 months for a decision, though this may change based on individual cases and updates to immigration policies.

Providing a strong, well-documented case can help reduce delays.


Tips for a Successful Orphan Visa Application

  1. Gather complete documentation: Especially around the child's orphaned status and your relationship to them.

  2. Write a detailed statement: Include why you’re applying, your ability to support the child, and how you’ll care for them.

  3. Consult a migration agent: These visas can be legally complex, so professional advice may help prevent refusals or delays.

  4. Be honest and thorough: Any missing or misleading information can result in long delays or rejections.


Can the Child Study and Work in Australia?

Yes. Once the visa is granted, the child:

  • Becomes a permanent resident

  • Can attend school and eventually higher education

  • Can access Medicare

  • Can work when old enough (if appropriate)

  • May apply for citizenship when eligible


Final Thoughts

Bringing an orphaned child to Australia is a profound and compassionate act but it involves legal complexity. This Orphan Visa Guide is a starting point to understand how the Orphan Relative Visa works, what you need to apply, and how to give the child a secure and stable future.

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