Orphan Visa (Subclass 117)
Do you have a niece, nephew, grandchild or brother or sister overseas that are under 18 years of age and parents are deceased or missing?
Applicant must be under 18 years of age when their visa application is lodged.
The child must be single. They must not be married or in a de-facto relationship.
The child must meet health requirements.
Applicants who have turned 16 years of age must be of good character to enter or remain in Australia.
The sponsor must be one of the below:
- an Australian citizen
- the holder of an Australian permanent visa
- an eligible New Zealand citizen
- A sponsor must also:
- be the child’s brother or sister, grandparent, aunt or uncle, or niece or nephew, (or step equivalents)
- have been lawfully resident in Australia for a reasonable period (usually two years)
- have turned 18 years of age
Custody of children under 18 years of age
The Sponsors must satisfy one of the following custody requirements when applying to sponsor children below 18 years of age:
- they must possess a valid court order allowing them to permanently remove the child from the child’s home country
- they must have the sole legal right to determine where the child shall live, or to remove the child from their home country
- if another person can legally determine where the child can live, the sponsor must obtain a statutory declaration from this person or people, granting permission for the child to migrate as well as complete FORM 1229
- they must have a court order issued by the Family Court of Australia, and the grant of the visa must be consistent with that order
Applicant must meet criteria to be an “Orphan relative”:
- Provide Evidence that parents are deceased
- Provide Evidence that Parents of child are incapable of caring for the child
- Provide Evidence that child parents cannot be found.
A child cannot apply for this Orphan Relative visa if their parents could care for them but do not want to.
If the parents cannot be found, the application will need to show how long they have been missing and what has been done to try to find them.
A DNA may be requested by Department of Home Affairs (DOHA) to confirm relationship between sponsor and visa applicant.
Benefits of grant of a subclass 117 visa:
- This is a permanent residence visa. It allows you and any family members who have also been granted this Orphan Relative visa to:
- Travel to and stay in Australia indefinitely
- Work and study in Australia
- Enrol in Medicare, Australia’s scheme for health-related care and expenses
- Apply for Australian citizenship (if you are eligible)
- Sponsor eligible relatives for permanent residence
- Travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).