Orphan Relative Visa - Onshore (SC 837) / Offshore (SC 117)

The 837 and 117 visas will enable an orphan to live in Australia with an eligible relative. The term ‘orphan’ also covers children whose parents have been determined to be legally unfit or unable to provide care to their child. If you intend to apply for the subclass 837 Visa, the child must be onshore, which means the child must be in Australia at the time of the application’s submission. On the other hand, if the child is outside Australia the subclass 117 Visa would be a more appropriate option.

There are several requirements and provisions relating to this visa. Read on for more information.

To be eligible for an Orphan Relative visa, the child…

… must be currently within Australia on another valid visa (to apply for the Onshore 837 visa). If the child us not currently within Australia then an Offshore 117 visa is required.

… must be an orphan, or in a position where their parents are unable to provide the necessary care for them.

… must be below the age of 18.

… must be single.

… must have a relative who is a full Australian citizen, a permanent resident of Australia or a eligible New Zealand citizen.

… must have a relative who is willing to provide sponsorship to the child.

With this visa, the child will be able to…

… remain indefinitely within Australia.

… find employment or go to school, college or university in Australia.

… apply for Medicare enrolment. This program provides cover for any healthcare costs incurred within the country.

… apply to become a full citizen of Australia.

… sponsor the permanent residency applications of relatives.

… enjoy the right to enter and exit Australia for up to five years after the visa is issued. When this period is complete, another visa must be applied for.

With this visa, the child will NOT be able to…

… receive guaranteed citizenship. Full citizenship must be applied for as normal.

… return to Australia after the initial five year period is completed, if the child wishes to leave the country and return after the initial five year period has expired. To legally enter Australia after the completion of this period, the child must have another valid visa. This will depend on the length of time spent outside of Australia and the length of time spent in Australia within the 5-year period. 

Before the child’s application begins…

… ensure that both the child and the sponsor have completed the necessary forms. The child must complete Form 47CH and submit along with any supporting documents, while the sponsor must do the same with Form 40CH.

… ensure that the child’s passport is valid when the application is submitted.

Costs and visa processing charges vary and are subject to change. For full information on the latest visa pricing structure, please contact us directly. To speak to a member of our team regarding any visa queries, or to start the process of applying for a visa for you or a relative, click here.

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