Other Family Visas

Orphan Relative Visa – Subclasses 117 and 837

The Orphan Relative visa gives a child who has effectively lost both parents a permanent pathway to live with a relative already settled in Australia.

There are two versions of this visa depending on where the child is when they apply: subclass 117 for children outside Australia, and subclass 837 for children already in Australia.

Who Can Apply

The child generally needs to be:

  • under 18 years of age; and
  • unable to be cared for by either parent — because the parents are deceased, permanently incapacitated, or their whereabouts are unknown.

The child also needs an eligible relative already in Australia who is willing and able to sponsor the application and provide ongoing care.

Subclass 117 vs. Subclass 837

The subclass 117 is for a child who is outside Australia when the application is made — it's a permanent visa allowing them to come to Australia to be cared for by their sponsoring relative. The subclass 837 covers the same circumstances but for a child who is already in Australia. Both pathways carry the same core eligibility requirements around parental incapacity and relative sponsorship.

What the Visa Allows

As a permanent visa, either pathway generally allows the child to:

  • live in Australia permanently with their sponsoring relative;
  • work and study without restriction; and
  • enrol in Medicare.

Evidence You'll Need

You'll generally need to document the parents' circumstances (death certificates, medical evidence of incapacity, or evidence establishing their whereabouts are unknown), the child's relationship to the sponsoring relative, and the relative's capacity to provide appropriate care. These cases often turn on sensitive and sometimes hard-to-obtain evidence, so it's worth starting the document-gathering process early.

How I Can Help

I can assist with:

  • assessing eligibility for the 117 or 837 pathway;
  • helping gather evidence of parental incapacity or unknown whereabouts;
  • assessing the sponsoring relative's capacity to care for the child; and
  • preparing and lodging the application.
Important Information

The information on this page is provided for general information purposes only and does not constitute migration advice for your individual circumstances.

Visa requirements and processing arrangements can change. Meeting the general requirements described above does not guarantee that a visa application will be approved.

Professional advice should be obtained based on your individual circumstances before lodging an application.