Orphan Relative Visa (Subclass 117): An Overview

The Orphan Relative Visa (Subclass 117) is a permanent visa that allows a child to come and live in Australia with their relatives if their parents are deceased, cannot be found, or are permanently unable to take care of them. This visa is for a child who is outside Australia at the time of application.

This visa grants the applicant permanent residency in Australia, allowing them to reside, study, and work lawfully. In the article below, we provide a detailed overview of the visa, discussing the eligibility requirements and the application process.

Purpose of the Orphan Relative Visa

The purpose of the Orphan Relative Visa is to allow an eligible child to live permanently in Australia with a relative. An eligible sponsor is required for the applicant to be granted this visa.

This means that the child can come to Australia under the Orphan Relative Visa subclass 117 with the help of a relative or sponsor who is an Australian citizen, a permanent resident, or an eligible New Zealand citizen.

The visa is available to children below the age of 18. Once granted, they can study and work in the country, enrol in Medicare, and access government-funded services, including English language support, subject to eligibility.

General Eligibility Considerations

Below are the general eligibility requirements for the Orphan Relative Visa:

Who the Visa Is for

This visa can be applied for by a person below the age of 18 who is an orphan relative of an Australian citizen, an eligible New Zealand citizen, or an Australian permanent resident.

The Role of the Sponsor

The applicant must have a sponsor to apply for an Orphan Relative Visa subclass 117. The sponsor must meet the following eligibility criteria:

• They must be an Australian citizen.
• They must be a permanent resident of Australia.
• They must be an eligible New Zealand citizen.

The sponsor must also be a relative of the applicant and must assume certain responsibilities under the visa conditions. As a sponsor, they are required to provide accommodation and financial assistance to the child for the first two years of their arrival in Australia.

Other Considerations

There are several other important requirements for this visa:

• Age: The child must be under the age of 18 at the time of application.
• Have No Parents to Care for Them: The child must not have a parent who is able to care for them. This means that the child's parents are either deceased, are permanently unable to take care of the child, or cannot be found.
• Consent to Migrate: The sponsor must obtain the necessary legal consent to bring the child to Australia. The consent is typically obtained through a relevant authority, such as a court in the child's home country.
• Other requirements: The child must meet the character and health requirements. Moreover, if the child or any member of their family owes money to the Australian Government, it must either be repaid or formal arrangements must be made to repay it.

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Book a Consultation

If you are interested in getting more information about a visa, get in touch with Australian Migration Lawyers for a consultation.

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Application Process at a Glance

If you are planning to apply for an Orphan Relative Visa, follow these essential steps:

Step one: Confirm Eligibility

First, you must check and confirm that all eligibility criteria are met. These criteria require that the child be below 18 years of age, have an eligible sponsor, and have parents who are either deceased, cannot be found, or cannot take care of the child.

Step Two: Gather Documents

The next step is to gather all the essential documents required for the visa application. This includes written consent from a relevant legal authority in the child's home country, stating that the child can migrate to Australia.

Step three: Meet Health and Character Requirements

The child must meet the health and character requirements as mentioned on the Department of Home Affairs' website.

Step four: Lodge the Application

You must apply for the Orphan Relative Visa (Subclass 117) via post.

The Department of Home Affairs may refuse the application if it determines that granting the visa is not in the child's best interests.

Why Professional Guidance Is Essential

Professional guidance is essential for preparing a complete and compliant visa application. The process for an Orphan Relative visa can be particularly complex due to the legal and documentary evidence required from overseas.

At Australian Migration Lawyers, our team of legal professionals can help you:

• Understand the strict eligibility criteria and rules, so there is no scope for confusion or errors.
• Submit a thorough, well-structured application form that meets Departmental requirements and mitigates common risks.
• Prepare a decision-ready application and navigate potential complexities in the process.

Final Thoughts

The Orphan Relative Visa (Subclass 117) allows a child who is sponsored by an eligible relative to reside, study, and work in Australia. Multiple eligibility and sponsorship requirements must be met for the visa to be granted.

For individuals without prior migration experience, this process can be overwhelming. Seeking professional guidance from Australian Migration Lawyers can help minimise delays and address common procedural issues, ensuring the application is handled with the care and legal expertise it requires. Contact our team for assistance with this sensitive and important visa pathway.