Overview of Orphan Relative visa (Subclass 837) , is it for you?

Overview of Orphan Relative visa (Subclass 837) is a permanent visa for a child normally under 18 who is inside Australia and whose parents are deceased, unable to care for them, or whose whereabouts are unknown, to live with a relative who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

Stay:

This is a permanent visa. So, as a permanent resident, the child is entitled to live, work, and study in Australia indefinitely. This visa allows the child to live with their parents in Australia. So, the child is eligible to study, work (if age appropriate, and subject to any conditions) in Australia. The child is also eligible for Australia’s public healthcare scheme, Medicare under this visa.Travelling to and from Australia is also allowed in this visa. The child can also apply for Australian citizenship, if eligible through this visa. Later, the child can also sponsor eligible relatives for certain visas.

(*Note: Travel to and from Australia as many times as the child want for 5 years from the date the visa is granted. After 5 years, the child will need a Resident Return (RRV) visa or another valid visa to re-enter Australia as a permanent resident.)

Requirements to be eligible for Orphan Relative visa (Subclass 837)

Requirements for the Applicant (the Child):

1. Location: The child must be inside Australia when the application is lodged and when the visa decision is made.

2. Age: The child must be under 18 years of age at the time of application.

3. Marital Status: The child must be single (not married, not engaged to be married, and not in a de facto relationship).

Hold a visa : When applying for the Orphan Relative visa (Subclass 837) from within Australia, the child must generally be lawfully present, holding either a valid substantive visa or a Bridging visa A (BVA), Bridging visa B (BVB), or Bridging visa C (BVC). If the child holds a substantive visa at the time of application, it is crucial that this visa does not have a ‘No Further Stay’ condition (such as 8503, 8534, or 8535) imposed, unless that condition has been officially waived by the Department of Home Affairs.

4. Parental Situation: The child must have no parent who can care for them. So, either both parents are deceased; or one parent is deceased and the other is permanently incapable of caring for the child, or One parent is deceased and the other parent’s whereabouts are unknown, or both parents are permanently incapable of caring for the child, or both parents’ whereabouts are unknown. And,
evidence will be required to support this (e.g., death certificates, medical reports, evidence of efforts to find missing parents).

5. Sponsorship: The child must be sponsored by an eligible relative who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.. The sponsorship must be approved by the Department of Home Affairs.

6. Health Requirements: The child (and any dependent children included in the application) must meet Australia’s health requirements and undergo medical examinations through Bupa Medical Visa Services in Australia.

7. Character Requirements: To meet the character requirement the child should have his Australian police check and police certificates from any overseas country where they have lived for 12 months or more in the last 10 years since turning 16 done.

8. Debts to the Australian Government: If the child or any family members (including those not applying for the visa with them) owe the Australian Government money, it must be paid back or arrangements must be in place to pay it back.

9. Best Interests of the Child: The visa will not be granted if it is not considered to be in the best interests of a child applicant under 18.

10. Consent to migrate to Australia: The visa will only be granted to child younger than 18 if either the child has the written consent of everyone who can legally decide where they live, or lthe laws of the child’s home country allows them to leave their country, or it is consistent with any Australian child order regarding the child.

11. No Previous Visa Cancellation or Refusal: If the child had a visa cancelled or an application refused while in Australia, this might affect their eligibility for the Orphan Relative visa (Subclass 837).

Requirements for the Sponsor:

1. Relationship to Applicant: The sponsor must be the child’s sibling, step-sibling, grandparent, step-grandparent, aunt, step-aunt, uncle, or step-uncle.

2. Status in Australia: The sponsor must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.

3. “Settled” Status: The sponsor must usually be “settled” in Australia. This generally means they have been lawfully resident in Australia for a reasonable period (often interpreted as two years, but it can vary).

4. Age: The sponsor (and their partner, if applicable) must be 18 years of age or older.

5. Provide Sponsorship: The sponsor must formally agree to sponsor the child. This includes taking responsibilities to provide financial support, accommodation, and care for the child as needed, particularly for their first two years in Australia.

6. Ability to Support: The sponsor must show that they can meet their sponsorship requirements, including providing adequate accommodation and financial support for the child.

7. Character Requirements: The sponsor (and their partner, if applicable) may need to meet character requirements. The Department will check if there are any concerns, particularly regarding offences involving children. Sponsorship might not be approved if the sponsor or their partner has been charged or convicted of offences involving children.

8. Assurance of Support (AoS): An AoS may be required. If so, the assurer (who can be the sponsor or another person) provides a commitment to repay the Australian Government for certain welfare payments if claimed by the visa holder during the AoS period.

Checklist for Orphan Relative visa (Subclass 837)

(This is a general guide. The specific documents required will vary. Due to the very long processing times, some documents like health and character checks will only be requested when your application is nearing the final processing stage, many years after lodgement. Always refer to the document checklist provided by the Department of Home Affairs or our migration agent here when you apply.)

A. Applicant’s Identity and Civil Documents

  • Current passport biodata page (showing photo and personal details)
  • National identity card (if applicable)
  • Proof of change of name (if applicable, e.g., official certificate)
  • Four recent passport-sized photographs (45mm x 35mm)

B. Evidence Parents Cannot Care / Parental Responsibility Documents

  • Death certificate(s) for deceased parent(s)
  • Official medical reports detailing why a parent is permanently incapable of caring for the child
  • Evidence of parents’ unknown whereabouts (e.g., police reports, statements detailing efforts to find them)
  • Court orders or other official documents regarding parental responsibility or legal custody
  • If applicable, documents showing the laws of the child’s home country allow them to leave

C. Relationship to Sponsor Documents

  • Child’s birth certificate(s) (showing parents’ names)
  • Sponsor’s birth certificate(s)
  • If the relationship is not direct (e.g., aunt/uncle), birth certificates of connecting relatives (e.g., sponsor’s sibling who is the child’s parent)
  • Marriage certificates (e.g., of child’s parents, sponsor if relevant to establish step-relationships)
  • Adoption certificates (if applicable)
  • Family status certificates or family book (if officially issued and maintained)

D. Sponsor’s Documents

  • Evidence of Australian citizenship (e.g., birth certificate, citizenship certificate, passport) OR
  • Evidence of Australian permanent residency (e.g., visa grant letter, passport with PR visa) OR
  • Evidence of being an eligible New Zealand citizen living in Australia
  • Evidence of being “settled” in Australia (e.g., documents showing residency over time)
  • Identity documents (e.g., passport, driver’s licence)
  • Police certificates (if requested by the Department)

E. Assurance of Support (AoS) Documents (if requested)

  • (Usually lodged after the visa application, if requested by the Department)
  • Documents related to the assurer’s identity and financial capacity

F. Health Documents (for applicant)

  • Records of health examinations conducted by a panel physician (arranged after application submission when requested)

G. Character Documents

  • For applicant aged 16 years or older:
    • Police certificates from every country lived in for 12 months or more in the last 10 years (since turning 16)
    • Form 80 – Personal particulars for assessment including character assessment
  • For Sponsor (and partner, if applicable):
    • Police certificates (if requested by the Department)

H. Documents for Accompanying Family Members (if the child has dependent children)

  • (Same identity, health, character, and relationship documents as for the main applicant, as relevant)

I. Other Forms

  • Form 47CH – Application for migration to Australia by a child
  • Form 40CH – Sponsorship for a child to migrate to Australia
  • Form 1229 – Consent to grant an Australian visa to a child under the age of 18 years (if there’s anyone with legal responsibility for the child who is not migrating with them, or if only one parent is applying and the other has rights) (Confirm specific need based on child’s circumstances)
  • Form 956 – Appointment of a registered migration agent/exempt person
  • Form 956A – Appointment or withdrawal of an authorised recipient