ORPHAN RELATIVE VISA (SUBCLASS 117)
When a child loses both parents, or their parents are unable to care for them or cannot be located, Australian immigration law provides a pathway for that child to live permanently with an extended family member in Australia. The Orphan Relative (subclass 117) visa is a permanent visa that allows an eligible child to be sponsored by a settled relative already living in Australia. Applications for this visa must be lodged from outside Australia.
Because this visa deals with the wellbeing of a child, the Department of Home Affairs applies a high level of scrutiny to every application. Getting the evidence and the supporting submissions right the first time matters, both for the speed of the outcome and for the child’s future. Our migration lawyers regularly advise families and sponsors through this process from start to finish.
WHO CAN APPLY FOR THE ORPHAN RELATIVE VISA?
To qualify, the child at the centre of the application must:
- be under 18 years of age
- be single (not married or in a de facto relationship)
- have no parent capable of caring for them, whether because their parents have passed away, cannot be located, or are permanently unable to provide care
WHO CAN SPONSOR THE CHILD?
The child must have a relative willing to sponsor their visa who is:
- a settled Australian citizen
- an eligible New Zealand citizen, or
- an Australian permanent resident
Not every relative qualifies as a sponsor. The Department only recognises specific family relationships for this visa, including a sibling or step-sibling, a grandparent or step-grandparent, or an aunt, uncle, step-aunt or step-uncle.
The sponsoring relative must also be willing and able to support the child once they arrive, this includes providing suitable accommodation and covering the child’s financial needs for at least the first two years in Australia.
WHAT EVIDENCE DOES THE DEPARTMENT OF HOME AFFAIRS REQUIRE?
An Orphan Relative visa application is document-heavy, and the strength of the supporting evidence often determines the outcome. As part of the subclass 117 application, you will generally need to demonstrate:
- that settling permanently in Australia with the sponsoring relative is in the best interests of the child
- that there is genuinely no parent able to care for the child
- the nature and history of the relationship between the child and the sponsor
- written consent from everyone with legal authority over the child’s living arrangements, confirming they agree the child can be granted this visa
- that the laws of the child’s home country permit them to leave
On top of these core requirements, the child must also meet standard health and character requirements, which typically call for police certificates and other supporting evidence.
HOW RAMSDEN LAWYERS CAN HELP
Our migration lawyers have extensive experience with complex Orphan Relative (subclass 117) visa matters, and we have helped sponsoring families secure permanent residency for children who have nowhere else to turn. With offices in Brisbane, the Gold Coast, Sydney and Melbourne our team can assist with:
- Advising comprehensively on the visa’s eligibility requirements and the quality and type of evidence the Department expects to see
- Preparing detailed written submissions to the Department of Home Affairs, addressing each requirement of the visa and setting out the supporting evidence in a clear, persuasive way
- Preparing and lodging both the visa application and the sponsorship application, along with all supporting evidence, on your behalf
- Providing ongoing advice throughout the application process
If you are considering sponsoring a child relative to come to Australia, getting early legal advice can make a meaningful difference to the outcome. Contact us today to arrange a consultation.
FREQUENTLY ASKED QUESTIONS
What Is the Orphan Relative Visa (Subclass 117)?
The Orphan Relative (subclass 117) visa is a permanent Australian visa that allows a child under 18 to live in Australia with an eligible relative when their parents have died, cannot be found, or are unable to care for them. It must be applied for from outside Australia.
Who Is Eligible for the Orphan Relative Visa?
The child must be under 18, single, and have no parent able to care for them. They also need a sponsor who is a settled Australian citizen, eligible New Zealand citizen, or Australian permanent resident, and who falls within an accepted family relationship, such as a grandparent, sibling, aunt or uncle.
Who Can Sponsor a Child on the Orphan Relative Visa?
Eligible sponsors include a settled Australian citizen, an eligible New Zealand citizen, or an Australian permanent resident who is the child’s sibling or step-sibling, grandparent or step-grandparent, or aunt, uncle, step-aunt or step-uncle, and who can provide accommodation and financial support for at least two years.
What Documents Are Needed for an Orphan Relative Visa Application?
Applicants generally need evidence showing the visa is in the child’s best interests, that no parent can care for the child, proof of the relationship with the sponsor, written consent from anyone with legal authority over the child, and confirmation the child’s home country allows them to leave. Health and character evidence, including police certificates, is also required.
Can The Orphan Relative Visa Application Be Lodged from Within Australia?
No. The Orphan Relative (subclass 117) visa application must be lodged while the child is outside Australia.
How Can a Migration Lawyer Help with an Orphan Relative Visa Application?
A migration lawyer can advise on eligibility and evidence requirements, prepare detailed submissions addressing each visa criterion, and lodge both the visa and sponsorship applications with supporting evidence on the family’s behalf.
