Orphan Relative Visa
The Orphan Relative Visa is a permanent visa for a child under 18 whose parents are dead, permanently incapacitated, or of unknown whereabouts, and who is the relative of a settled Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The Subclass 117 is the offshore application; the Subclass 837 is the onshore application. The visa supports family reunion where parental care is not available, and brings the child within the long-term care of an adult relative settled in Australia.
Key facts
Visa Type
Permanent
Subclasses
117 offshore / 837 onshore
Applicant Age
Under 18, unmarried, not de facto
Queue Release
Up to 30 June 2013 (as at 28 Feb 2026)
Eligibility
The applicant must be under 18, unmarried, and not in a de facto relationship. The applicant's parents must be dead, permanently incapacitated, or of unknown whereabouts. The applicant must be a relative of a sponsor who is a settled Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The sponsor must agree to provide accommodation and financial support for the first two years.
Eligible sponsors are siblings, step-siblings, grandparents, step-grandparents, aunts, step-aunts, uncles, step-uncles, nieces, step-nieces, nephews, or step-nephews. The sponsor's partner may also sponsor where the relative requirement is satisfied.
Evidence of parental status
Most Orphan Relative cases turn on documentary evidence of the parental status, not legal interpretation. The Department requires clear evidence of one of three states.
Death
Death certificates from the country of death. Where civil registration is weak or unreliable, supporting evidence may include hospital records, burial records, statutory declarations from witnesses, and contemporaneous correspondence.
Permanent incapacity
Independent medical assessment establishing the parent's permanent inability to care for the child by reason of physical or mental incapacity. The condition must be permanent, not temporary or remediable. Lay declarations alone do not meet the threshold.
Unknown whereabouts
Documented search efforts including police reports, missing persons records, formal enquiries to last-known addresses, and statements from extended family. The Department looks for sustained and reasonable efforts to locate the parent, not merely an assertion that the parent's location is not known.
Sponsorship and the Protection of Children
Sponsorship is decided as a separate matter under Measures for the Protection of Children. The sponsor must demonstrate genuine capacity to provide accommodation and support for the first two years. Sponsorship may be refused where the sponsor or the sponsor's partner has been charged with or convicted of offences involving children. Sponsorship-stage refusal is a separate ground from refusal at the applicant stage and requires a distinct legal response.
Capping and queueing
Orphan Relative visas sit within the Other Family category, which is subject to numerical capping and queueing. Once the annual cap is reached, no further grants are made until the next program year. Applications are released from queue in lodgement-date order. As at 28 February 2026, the Department is releasing applications with a queue date up to 30 June 2013.
The onshore Subclass 837 confers a Bridging Visa A on lodgement, which keeps the applicant lawful during processing. The offshore Subclass 117 provides no equivalent interim status, which is a material consideration when choosing between the two pathways.
Related pathways
Strategic preparation of the Orphan Relative visa
Orphan Relative cases are evidence-heavy and procedurally complex. Visa Plan Lawyers prepares applications with documented parental status evidence and sponsor character submissions, structured for both primary decision and the long queue that follows.