Subclass 117 — Orphan Relative Visa — Australia — immi.wiki

The Subclass 117 Orphan Relative visa is a permanent visa for a child outside Australia whose parents are deceased, unable to care for them, or cannot be found. It allows the child to live in Australia with a relative who is able and willing to take care of them. The onshore equivalent for children already in Australia is the Subclass 837 Orphan Relative visa.

This visa is not limited to children without living parents — it also applies where parents are alive but unable to care for the child (for example, due to serious illness, incapacity, or other circumstances). The key eligibility test is that the child has no parent who is both alive and in a position to care for them.

The visa falls under the Child category of the Family Migration Program. For current application charges, refer to the DHA fee schedule.

The applicant (the child) must:

• Be under 18 years of age at the time of application
• Not be married or in a de facto partner relationship
• Be outside Australia when the application is lodged and when the visa is decided
• Have no parent able to care for them — meaning each parent is deceased, is unable to care for the child, or cannot be found
• Be a relative of the sponsor (see definition below)
• Meet health and character requirements (health examination required; character requirement typically assessed through police clearances where applicable)

The sponsor must:

• Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
• Be aged 18 years or over
• Have been lawfully resident in Australia for a reasonable period — usually at least 2 years
• Be willing and able to care for the child and provide adequate financial support and accommodation
• Be a relative of the child

A relative for this visa includes: a brother or sister (including half-siblings), a step-brother or step-sister, a grandparent or step-grandparent, an aunt or step-aunt, an uncle or step-uncle, a niece, nephew, or their step equivalents.

The Department applies a best interests of the child consideration in assessing applications of this kind. Additional child protection measures — including mandatory character checks on the sponsor and anyone aged 18 or over living in the sponsor's household — are applied under s 5A of the Migration Act 1958.

Applications are lodged online through ImmiAccount from outside Australia. Key documents include:

• Birth certificate of the child
• Evidence of the family relationship between the child and the sponsor
• Evidence of the parents' status — death certificates, medical evidence of incapacity, or other documentation demonstrating why parents cannot care for the child
• Form 40CH sponsorship form lodged by the sponsor
• Character checks on all adults in the sponsor's household (Form 47CH)
• Health examination results for the child

For current application charges, refer to the DHA fee schedule. For current processing times, refer to global visa processing times.

The Subclass 117 is a permanent visa. The child becomes a permanent resident of Australia on grant. There are no work or study restrictions. Holders may apply for Australian citizenship after meeting the residence requirements, and in some cases may be eligible to apply for citizenship by descent.

Where the child is under 18, the sponsor (as legal guardian or carer in Australia) has responsibility for the child's welfare. The Department monitors child protection compliance and may investigate concerns about the welfare of children granted this visa.