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Orphan Relative Visa Lawyers

Subclass 117 or 837 visa permits a child to enter into Australia to live with a relative in the circumstance that both parents are dead, unable to care for them or unable to be found. The child must be sponsored by a settled Australian citizen, permanent resident or an eligible New Zealand citizen. The child applicant must be outside Australia for a Subclass 117 visa, whereas a Subclass 837 visa is applied onshore.

Primary Criteria for a Child Applicant

To be eligible, the child must:​

  • Be under 18 years of age; and
  • Not have a spouse or de facto partner; and
  • Be sponsored by a settled Australian citizen, permanent resident or an eligible New Zealand citizen who is approved by the Department.

It must be proven that the child applicant is unable to be cared for by either of his or her parents due to any one of the following:

  • Death of the parents; or
  • Permanent incapacitation of the parents; or
  • Disappearance of the parents.

There must also be no reasons to suggest that coming to Australia is not in the best interest of the child. To this end, the child needs written consent of the guardians who can legally decide where they live. If the Department believes the child should not be brought to Australia, the application would likely be refused.

Primary Criteria for a Sponsoring Relative

To sponsor an orphaned child, the relative must not only be settled in Australia as a citizen, permanent resident or eligible New Zealand citizen but also be approved by the Department. Certain criminal offences involving children will lead to stricter scrutiny. For the purpose of this visa, the relative means an eligible:

  • Sibling or step-sibling;
  • Grandparent or step-grandparent;
  • Aunt, or step-aunt; or
  • Uncle, or step-uncle.

Relevant Public Interest Criteria:

4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021

Visa Conditions

The Department may impose the following:

8502: The holder of the visa must not enter Australia before the entry to Australia of a person specified in the visa.
8515: The holder of the visa must not marry or enter into a de facto relationship before entering Australia.

Application Charges

  • Base application charge: $1,630
  • Additional applicant charge for an applicant who is at least 18: $815
  • Additional applicant charge for an applicant who is less than 18: $410
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