Orphan Relative Visa: Guide to Australia’s Subclasses 117 & 837

Key Takeaways:

The Orphan Relative Visa allows children to live in Australia with relatives responsible for their care and well-being.
Eligibility requires the child to be under 18, single, have an Australian sponsor, and have permission to move.
Required documents include a passport, identity proof, visa form, sponsorship form, photos, and evidence of necessity and familial relationship.

Orphan Relative Visa: Guide to Australia’s Subclasses 117 & 837

What is the Orphan Relative Visa?

The Orphan Relative Visa is a permanent permit that allows children to join their family members in Australia who will be legally responsible for their care and well-being. To be eligible, the child’s parents must be either deceased, unable to provide care, or missing.

“If you are sponsoring a relative to get the orphan relative visa, your relative has to submit evidence that they genuinely need you to care for them when they apply for the visa.”

This visa falls under two subclasses: Subclass 117 and Subclass 837. Each subclass caters to different circumstances but maintains the same core eligibility criteria. In this article, we will delve into the requirements, application process, and differences in these orphan relative visas.

What are the Eligibility Criteria for an Orphan Relative Visa?

To qualify for an Orphan Relative Visa in Australia (subclasses 117 and 837), the child must meet several criteria. Here’s a detailed look at the requirements:

Age: The child must be a minor under 18 years of age.
Marital Status: The child must be single, meaning no partner or any form of relationship.
Sponsorship: The child must have a sponsor in Australia who is an Australian citizen, permanent resident, or an eligible New Zealand citizen.
Permission: The child must have permission to move to Australia.

Who Can Sponsor an Orphan Relative Visa?

To sponsor a relative for the Orphan Relative Visa (subclasses 117 and 837), you must meet specific qualifications. You can sponsor the child if you are:

An Australian citizen, permanent resident, or eligible New Zealand citizen
The child’s sibling or step-sibling
The child’s grandparent or step-grandparent
The child’s aunt or uncle, or their step-equivalent

The sponsorship must also be approved by the immigration office. Crucially, if you or your partner have a history of crimes involving children, the sponsorship will not be accepted.

What are the Parental Consent Requirements?

For a child to receive an Orphan Relative Visa, they must have explicit permission to travel to Australia. This involves:

Written consent from everyone who has a legal right to decide where the child lives, or
Compliance with the child’s country laws allows them to move from their home country.

In certain situations, parental consent is valid if there’s a court order that legally allows the child to relocate. The court order must be recognized and admissible in Australia. It’s important to note that this visa will not be issued if the parents are capable of providing care but are unwilling to.

What Documents are Required for an Orphan Relative Visa?

When submitting an application for the Orphan Relative Visa, your relative must provide various documents. Here’s a comprehensive list:

Passport Copy: A copy of the child’s passport or a valid travel document.
Identity Documents: Other forms of identification such as a national identity card, or certificates showing any name changes if applicable.
Orphan Visa Application Form: The application form must be duly filled and attached.
Sponsorship Documents: The sponsor must provide a filled-in form 40HC to include with the application.
Visa Photographs: Four high-quality, full-face visa photographs taken within the last six months.
Proof of Necessity: Documentation proving the child has no parents able to care for them—this might include death certificates, certificates indicating inability, or documents showing parents are missing.
Proof of Familial Relationship: This might include birth certificates, marriage certificates, adoption papers, or a family book.
Proof of Good Character: Applicants over 16 must fill in Form 80 along with other documents providing evidence that they are not under investigation.
Dependents’ Documents: If any dependents under 18 are applying with the child, they should provide their identification documents, proof of relationship with the child, and any other required documentation.

How to Apply for an Orphan Relative Visa?

The application process for the Orphan Relative Visa (subclasses 117 and 837) is paper-based. This means that your relative must submit the application by post or courier. Here are the steps:

Prepare Documents: Gather all the necessary documents listed above.
Pay Visa Fee: Pay the visa fee online through ImmiPayments in the ImmiAccount and obtain the receipt.
Submit Application: Attach the receipt and all prepared documents with the application and send it by post or courier. You will find the visa office addresses in the application form.

How Long Does it Take to Get an Orphan Relative Visa?

Processing times for the Orphan Relative Visa can vary. Most applications are processed within 54 months, although some can be finalized in 45 months. The timeline largely depends on the completeness and accuracy of the application at the time of submission.

What are the Fees for an Orphan Relative Visa?

As of the latest updates, the Orphan Relative Visa costs AUD. The exact fee may vary based on specific details and should be confirmed by official sources.

Can You Apply on Behalf of Your Relative?

Yes, your relative can get help with their visa application. They can appoint you as a correspondent for all pieces of information related to the visa process or seek help from a migration agent to assist them with the orphan visa application.

To do this, your relative should fill out and include either form 956a or form 956 with their application indicating that someone is assisting them in the process.

What is the Difference Between Subclass 117 and Subclass 837?

Both subclasses 117 and 837 are designed to bring an orphan relative to Australia, but they cater to different circumstances:

Subclass 117: This visa is for children outside Australia who need to move to Australia to live with their relatives.
Subclass 837: This visa is for children already in Australia who need to stay permanently with their relatives.

While the application processes and eligibility criteria remain largely similar, the primary difference lies in the geographic location of the child at the time of application.

Where Can You Find More Information?

For more details and the latest updates, visit the official Australian Government Department of Home Affairs website. This resource will provide comprehensive and authoritative information regarding visas, immigration processes, and detailed procedural guidelines.

Understanding the requirements and process of the Orphan Relative Visa helps ensure a smooth transition for children in need of care to join their family members in Australia. Whether you are opting for subclass 117 for children outside Australia, or subclass 837 for those in Australia, fulfilling the conditions accurately is crucial for the visa’s approval.

Applying for an Orphan Relative Visa may seem daunting, but by carefully following the guidelines and ensuring all documentation is in order, you can significantly enhance the likelihood of success. If in doubt, consulting with a migration agent or visiting official resources can offer further clarity and assistance.

Learn Today:

Glossary of Immigration Terms

Orphan Relative Visa: A permanent visa allowing children who have lost their parents or whose parents are unable to care for them to join their relatives in Australia. There are two subclasses: 117 (for children outside Australia) and 837 (for children already in Australia).
Sponsor: An Australian citizen, permanent resident, or eligible New Zealand citizen who can take legal responsibility for an orphan child and support their visa application to move or remain in Australia.
Subclass 117: A category of the Orphan Relative Visa for children outside Australia. It permits them to move to Australia to live permanently with their relatives.
Subclass 837: A category of the Orphan Relative Visa for children already in Australia. It allows them to stay permanently in the country with their relatives.
Parental Consent Requirements: Legal prerequisites involving either written consent from all individuals with legal custody or compliance with home country laws, allowing a child to move to Australia. This can also include court orders permitting the child’s relocation.

This Article In A Nutshell:

The Orphan Relative Visa allows children to join family in Australia if parents are deceased or unable to care for them. Subclasses 117 and 837 differ in where the child currently lives. Sponsors must meet criteria and ensure necessary documents like consent and identification. Application processing can take up to 54 months. Visit the official Australian Government Department of Home Affairs website for details.
— By VisaVerge.com