Subclass 117 and 837
The Subclass 117 and 837 visas are permanent pathways for single orphan children who are relatives of an Australian permanent resident, citizen, or ENZ.
A Secure Home and a Permanent Future
The Orphan Relative visa allows a child to live permanently in Australia with an eligible relative. The primary distinction is the applicant's location: the 117 is for children outside Australia, while the 837 is for children currently in Australia.
These visas are granted only when it is proven that no parent is capable of providing care and the migration is in the best interests of the child.
Key Factors:
- "Orphan" Status: Both parents must be deceased, permanently incapable of caring for the child, or their whereabouts must be unknown.
- Eligible Relative: The child must be the brother, sister, grandchild, nephew, niece, or step-equivalent of the sponsor.
- Marital Status: The child must be single (never married, engaged, or in a de facto relationship).
- Sponsorship: Must be sponsored by an eligible, settled relative or their cohabiting spouse.
- Consent: Written consent must be provided by anyone who has a legal right to decide where the child lives.
Subclass 117 - Orphan Relative (Offshore)
Applicant Requirements
What it is for: Orphaned children outside Australia seeking to join an eligible relative in Australia.
What it allows: Entry to Australia; permanent stay; full work/study rights; and a pathway to Citizenship.
Key Requirements:
- Must be outside Australia at time of application and grant.
- Must be under 18 years old and single.
- Must meet the technical definition of "orphan relative."
- Must meet health and character standards.
Length of Stay: Permanent.
Work Rights: Unrestricted.
Sponsor Requirements
Eligibility: Must be an Australian citizen, Australian Permanent Resident, or eligible New Zealand citizen.
Key Limitations:
- Settled Status: The sponsor must be "settled" (usually 2 years of residency).
- Support Undertaking: Must assist the child financially and with accommodation for the first 2 years.
- Child Protection: Sponsors must provide police checks. Registrable offence charges or convictions generally lead to refusal.
Subclass 837 - Orphan Relative (Onshore)
Applicant Requirements
What it is for: Orphaned children currently in Australia seeking to remain permanently with a relative.
What it allows: Permanent stay; full work and study rights; access to Medicare; and a pathway to Australian citizenship.
Key Requirements:
- Must be in Australia at time of application and grant.
- Must satisfy "orphan" criteria (death, incapacity, or disappearance of parents).
- Must not have a "No Further Stay" condition on their current visa.
- Must be under 18 and single.
Length of Stay: Permanent.
Work Rights: Unrestricted.
Sponsor Requirements
Eligibility: Must be an Australian citizen, Australian Permanent Resident, or eligible New Zealand citizen.
Key Limitations:
- Settled Status: The sponsor must be lawfully residing in Australia.
- Financial Undertaking: Must assist the child with accommodation and financial support for at least 2 years.
- Child Protection: The sponsor and their cohabiting partner must provide police checks to ensure the safety of the child.
Maintaining compliance
- Single Status: The child must remain single until the visa is granted. Marriage or a de facto relationship will result in visa refusal.
- Sponsorship Obligations: The sponsor must honour the 2-year undertaking to provide adequate support, ensuring the child does not rely on the Australian welfare system.
- Initial Entry: For Subclass 117, the child must enter Australia by the date specified in the grant letter, which is usually determined by the expiration of health or character clearances.
The 117 & 837 Application Process
Eligibility Audit
Verify the child is under 18, single, and meets the specific orphan relative relationship criteria.
Evidence Compilation
Gather death certificates, medical incapacity reports, or missing persons reports along with relationship proofs (Birth Certificates).
Lodgement
Submit the application. While primarily paper-based, 117 applications are lodged offshore and 837 applications must be lodged while the child is in Australia.
Character & Health Checks
Finalise medicals for the child and National Police Clearances for the sponsor and any household members over 18.
Final Assessment
The Department reviews the legal validity of the "orphan" status and the "Best Interests of the Child" before making a final decision.
For 117 & 837 Visa Applicants
The Subclasses 117 and 837 require strict adherence to the technical definition of an "orphan relative." At Immilex, we assess the legal status of the child’s parents to ensure claims of death, permanent incapacity, or disappearance are logically documented and supported by verifiable evidence.
It is critical to understand that unwillingness to care by a parent is not sufficient; the incapacity must be permanent. Furthermore, as these are permanent visas, they provide a direct pathway to Australian Citizenship. If a biological or legal parental link still exists, we recommend evaluating the Child (Subclass 101/802) streams instead.
Frequently Asked Questions
As per current migration requirements, the child must be under 18 at the time of application. If the child turns 18 during processing, they may still be eligible for the visa as long as they met the age requirement when they applied and remained single.
An AoS bond (typically AUD 5,000) may be requested by the Department at their discretion during the final assessment stage.
This refers to a severe, long-term mental or physical medical condition. It must be supported by strong medical evidence proving the parent cannot provide care now or in the future.
Manage Your Orphan Relative Visa with Care
The Orphan Relative visa involves complex requirements. Contact us at Immilex for an assessment of your evidence to ensure your application meets the Department's high standards.