What the Orphan Relative Visa Grants
The Orphan Relative visa exists for situations where a child has been left without meaningful parental support due to the death, permanent incapacity, or disappearance of both parents. It provides a pathway to permanent residence in Australia with an eligible Australian relative who can give the child a stable home.
Both subclass 117 (for applicants offshore at time of decision) and subclass 837 (for applicants already in Australia) are permanent visas. On grant, the child can live in Australia permanently, access healthcare, and attend school alongside Australian citizens.
Who Can Apply
Each of the following criteria must be satisfied for the child applicant.
Child under 18
The applicant must be under 18 years old. Age is generally assessed at the time of application, though a child who turns 18 during processing may be affected — seek advice if timing is a concern.
Unmarried and not in a de facto relationship
The child must be single — unmarried and not living in a de facto relationship. A child who is married or in a de facto relationship is not eligible.
Parents deceased, incapacitated, or of unknown whereabouts
Each parent must be deceased (evidenced by a death certificate), permanently incapacitated and unable to care for the child (evidenced by medical documentation), or of unknown whereabouts after genuine attempts to locate them. Parents who are alive and locatable but simply unwilling or financially unable to care for the child do not satisfy this criterion.
Eligible Australian sponsor
The child must be sponsored by a relative in Australia who is an Australian citizen, permanent resident, or eligible New Zealand citizen. See the Relative Definition section below for who qualifies as a sponsor.
Health and character requirements
The child must meet Australian health requirements (medical examination at a Department-approved panel physician). A character assessment is also required, adapted for the child's age. Household members of the sponsor are also subject to character requirements.
Who Counts as an Eligible Relative
The definition of who can sponsor an Orphan Relative visa is broader than the everyday meaning of "relative." The following relationships are eligible (all must be settled in Australia as a citizen, permanent resident, or eligible New Zealand citizen):
Brother or sister
Including step-brothers and step-sisters, and their spouses or de facto partners.
Grandparent
Including step-grandparents and their spouses or de facto partners.
Aunt or uncle
An aunt or uncle of the child (parent's sibling), including step-aunts and step-uncles, and their spouses or de facto partners.
Evidence Required
These cases are sensitive and often involve difficult circumstances. The evidence must genuinely establish the basis for the application — the Department will assess each case on its specific facts.
Parent is deceased
Parent is permanently incapacitated
Parent's whereabouts are unknown
Child's identity and relationship to sponsor
The Application Process
Frequently Asked Questions
This information is general in nature and does not constitute immigration assistance or legal advice for any individual situation. Requirements including occupation lists, fees and processing criteria change without notice.
Nanak Migration Group Pty Ltd makes no representation that information on this site is complete, current or applicable to your circumstances. Nothing here guarantees, implies or represents any visa outcome, approval likelihood or processing time.
Obtain advice tailored to your situation from a registered migration agent or Australian legal practitioner. Navpreet Aulakh, MARN 2619467, is registered with the Office of the Migration Agents Registration Authority.
Information current as at August 2026. Verify all requirements with the Department of Home Affairs (immi.homeaffairs.gov.au) before lodging any application.