The orphan relative visa provides a permanent migration pathway for eligible children who cannot be cared for by either parent because of death, permanent incapacity or unknown whereabouts. An eligible relative in Australia must sponsor the child, and the proposed arrangements must meet requirements protecting the child’s interests.
There are two options: Orphan Relative Visa (Subclass 117) for children outside Australia and Orphan Relative Visa (Subclass 837) for children already in Australia.
Quick Answer
A child may qualify for an Orphan Relative visa if they are under 18 when applying, are not married or in a de facto relationship, and have no parent able to care for them for a qualifying reason.
The application also requires eligible sponsorship, evidence about both parents, appropriate consent or legal authority for migration, and satisfaction of health and other requirements.
Why This Matters
The name of this visa can be misleading. Both parents do not necessarily have to be deceased.
However, a relative’s willingness to provide a better home or education in Australia does not establish eligibility. The application must explain why neither parent can care for the child and support that explanation with evidence.
Families also need to separate three questions: whether the child qualifies, whether the relative can sponsor them, and whether the child can legally move to Australia.
Orphan Relative Visa: Subclass 117 vs Subclass 837
The child’s location determines which subclass needs consideration.
| Requirement | Orphan Relative Visa (Subclass 117) | Orphan Relative Visa (Subclass 837) |
|---|---|---|
| Location when applying | Outside Australia | In Australia, outside immigration clearance |
| Location when the visa is granted | Outside Australia | In Australia |
| Visa outcome | Permanent residence | Permanent residence |
| Important application check | Evidence supporting migration from overseas | Current visa conditions and onshore application eligibility |
For Subclass 837, a No Further Stay condition can prevent a valid application unless the relevant condition is waived. Being physically present in Australia does not automatically make the onshore pathway available.
Orphan Relative Visa Eligibility: What Must You Establish?
The child must meet the age and relationship requirements
The child must be under 18 when applying and must not be married or in a de facto relationship. They must also have the required family relationship with an eligible relative in Australia.
Check the child’s age early. Gathering overseas records, medical evidence or court documents can take time.
Neither parent can provide care for a qualifying reason
Each parent must be:
- Deceased.
- Permanently incapacitated to the extent that they cannot care for the child.
- Of unknown whereabouts.
The circumstances can differ between parents. For example, one parent may be deceased while the other is permanently unable to provide care.
The evidence should explain each parent’s circumstances separately. A statement about the family as a whole may leave important questions unanswered.
The child’s best interests matter
The application must satisfy the requirements concerning the child’s best interests. Home Affairs also applies safeguards when assessing sponsors of children.
A practical care plan should address accommodation, schooling, healthcare and who will take responsibility for everyday decisions.
Who Can Sponsor an Orphan Relative Visa?
Qualifying family relationships include siblings, grandparents, aunts, uncles, nieces and nephews, including the relevant step-relationships.
The sponsor must be at least 18 and an Australian citizen, permanent resident or eligible New Zealand citizen. For this pathway, they must be settled in Australia. Home Affairs generally expects a reasonable period of lawful residence, usually two years.
Sponsors undertake to provide accommodation and financial assistance for the child’s reasonable living needs during the relevant first two years.
Sponsorship also involves child protection checks. Relevant convictions or outstanding charges involving the sponsor or their partner can affect approval.
Before lodging, the proposed sponsor should consider whether they can provide consistent care alongside their existing work and family commitments.
What Evidence Is Needed About the Parents?
The documents should match the circumstances claimed.
For a deceased parent, provide a death certificate or other official evidence. For permanent incapacity, obtain medical evidence explaining why the parent cannot care for the child.
Where a parent’s whereabouts are unknown, provide evidence of how long they have been missing and the efforts made to locate or contact them.
Organise the evidence into a clear timeline. Dates, names and explanations should agree across the application, certificates and supporting statements.
Avoid relying only on a relative’s declaration where official or professional evidence is available.
Consent, Guardianship and Legal Authority to Migrate
A parent’s inability to provide care does not necessarily remove their legal rights. Another guardian or person may also have authority to decide where the child lives.
Depending on the circumstances, the application may require consent from those with legal responsibility or an appropriate court order. Form 1229 or a statutory declaration may be relevant.
Treat immigration eligibility and permission to relocate as separate checks. Resolve uncertainty about custody or guardianship before making travel arrangements.
Orphan Relative Visa Documents and Translations
Prepare documents establishing the child’s identity, family relationship with the sponsor, parental circumstances and proposed care arrangements.
The application may also require health examinations, relevant character evidence and sponsorship checks. Follow the current checklist for the applicable subclass.
When translating overseas documents, include both the original-language document and its English translation. Translations completed in Australia must meet NAATI requirements; overseas translations must include the required translator details.
Check that names remain consistent across translated records. Explain differences caused by spelling, transliteration or legal name changes.
How to Apply for an Orphan Relative Visa
The initial application uses Form 47CH, with Form 40CH for sponsorship. Follow the current instructions for submitting the paper application by post or courier to the designated processing centre.
Eligible paper applications can subsequently be imported into ImmiAccount for management.
Before lodging:
- Confirm the child’s eligibility and appropriate subclass.
- Check the sponsor’s eligibility.
- Resolve consent and guardianship requirements.
- Gather evidence about both parents.
- Review the forms, documents and payment together.
Siblings wishing to migrate together generally need separate applications and separate sponsorships. Do not assume one application covers all children in the family.
How Much Does an Orphan Relative Visa Cost?
As of October 2026, the standard main applicant charge is AUD2,475 for either subclass.
| Application charge | Standard amount |
|---|---|
| Main applicant | AUD2,475 |
| Eligible additional applicant aged 18 or older | AUD1,235 |
| Eligible additional applicant under 18 | AUD625 |
A lower main applicant charge of AUD2,030 applies to qualifying applicants holding a passport issued by a Pacific-regional country. There is no second instalment for these visa classes.
Additional applicant charges apply only where someone qualifies to be included. They do not replace the separate applications required for siblings.
Budget separately for medical examinations, police certificates, translations and obtaining overseas records. Check the applicable charges before lodging.
Is an Assurance of Support Required?
Home Affairs may request an Assurance of Support for an Orphan Relative visa. This is discretionary, rather than mandatory for every application.
For an orphan relative under 18, a discretionary Assurance of Support does not require a monetary bond.
Where required, the assurance period is two years. It begins when the child arrives in Australia or receives the visa, whichever occurs later.
This undertaking is separate from the sponsor’s commitment to provide care and accommodation.
Orphan Relative Visa Processing Times
Home Affairs processing figures updated on 29 September 2026 showed that, for Subclass 117:
- 50% of applications were decided within 75 months.
- 90% were decided within 97 months.
Published processing times were unavailable for Subclass 837 at that update. These figures describe recently decided applications and do not guarantee an individual decision date.
Orphan Relative applications have their own place in the family visa processing priorities. They should not be assigned the lengthy capped queue estimates published for Remaining Relative or Carer visas.
Home Affairs can consider priority processing in limited compassionate circumstances, but this requires case-by-case consideration.
Families should plan for the child’s ongoing care while the application is pending.
What Happens After an Orphan Relative Visa Is Granted?
Approval provides permanent residency for the child, rather than a temporary permission to stay.
The child can live and study in Australia and enrol in Medicare. The initial travel facility generally allows departure and re-entry for five years from grant. Further travel after that period may require a Resident Return visa or Australian citizenship.
Settlement planning should include school enrolment, healthcare and support suited to the child’s age and circumstances.
How Does This Differ From Other Family Visas?
Where a child has been adopted or is undergoing a qualifying adoption process, an adoption pathway requires a separate assessment. An overseas adoption does not automatically meet Australian visa requirements.
For children joining a parent in Australia, a Child visa or another dependent child pathway may be relevant instead.
The Carer visa addresses qualifying ongoing care needs. The Remaining Relative visa has a different family test concerning near relatives. Neither pathway uses the same eligibility assessment as an Orphan Relative visa.
Common Mistakes
- Assuming both parents must be deceased.
- Providing evidence about only one parent.
- Treating parental consent as proof that the child meets the orphan relative requirements.
- Overlooking custody or guardianship arrangements.
- Assuming any relative in Australia can sponsor the child.
- Applying the Remaining Relative visa queue estimate to this pathway.
- Assuming siblings can share one application.
Where to Go Next
Explore permanent migration, temporary family visits and the related family pathways:
- Permanent Residency
- Visitor Visa
- Carer Visa Australia: Who Can Apply?
- Remaining Relative Visa: Subclasses 115 and 835 Explained
- The Adoption Visa (Subclass 102): Building a Family in Australia
- Navigating the Path to an Australian Dependent Visa: Stepchildren, Children, and Spouses
- Frequently Asked Questions
FAQs
Potentially. The surviving parent must be permanently unable to care for the child or of unknown whereabouts. The application needs evidence establishing the qualifying circumstances of both parents.
Yes, an eligible grandparent or step-grandparent may sponsor the child, subject to the sponsor’s age, immigration status, settlement and other requirements.
Adoption is not a general requirement for this pathway. Where adoption is involved, the appropriate visa route and legal arrangements need separate assessment.
Potentially through Subclass 837. The child must meet the eligibility requirements and be able to make a valid onshore application, taking account of current visa conditions.
The visa provides permanent residence. Australian citizenship requires a separate assessment under the applicable citizenship rules.
Conclusion
The Orphan Relative visa provides a permanent migration pathway for eligible children who cannot be cared for by either parent for qualifying reasons.
Families need to consider more than their relationship with the child. Evidence about both parents, sponsorship eligibility, consent or guardianship, the child’s best interests, health requirements and application charges can all affect the application.
Processing is an important consideration when planning the child’s care. Families should use current Home Affairs information for the relevant subclass and avoid assuming that a difficult family situation guarantees a quick decision.
If you’re unsure whether the Orphan Relative visa or another Australian family visa suits your family’s circumstances, book a consultation with IC Australia to discuss your options.
Claire Dawson
Australian visa content specialist focused on skilled migration, employer sponsorship, partner visas, student pathways, and long-term options for moving to Australia.
