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Short Description: Complete guide to Australia’s Orphan Relative Visa (Subclass 117): eligibility, sponsor rules, documents, costs, process, work rights, PR, and refusal risks.

Last Verified On: 2026-03-16

Visa Snapshot

The Orphan Relative Visa (Subclass 117) is an Australian permanent family visa for a child outside Australia who cannot be cared for by their parents and who has an eligible relative in Australia willing to sponsor them.

It exists to provide a lawful family-reunion pathway for vulnerable children who are effectively without parental care and who have a suitable family connection in Australia.

This visa is meant for: – children outside Australia – who are single – and under the relevant age threshold – and have no parent able to care for them – and are sponsored by an eligible relative or the relative’s spouse/de facto partner in Australia

In Australia’s immigration system, this sits within the family migration program and is a permanent resident visa, not a temporary visa.

What kind of immigration status is it?

It is: – a visa – a permanent residence pathway – digitally linked to the passport in Australia’s visa system

It is not: – a visitor visa – a student visa – a work visa – an eTA – an electronic travel authority – a temporary permit

Official naming

• Official long name: Orphan Relative visa (subclass 117)
• Official short name: Subclass 117
• Related onshore counterpart: Orphan Relative visa (subclass 837) for certain applicants in Australia

2. Who should apply for this visa?

This visa is appropriate for a very narrow applicant group.

Ideal applicants

This visa is designed for: – a child living outside Australia – who has no parent capable of caring for them – and who has an eligible Australian relative sponsor

Typical examples: – a child whose parents are deceased – a child whose parents are permanently incapacitated and unable to care for them – a child whose parents are missing and their whereabouts are unknown – a child being cared for informally by extended family overseas, where an eligible relative in Australia wants to sponsor them permanently

Who should not use this visa?

Most of the categories below should not use Subclass 117:

Key point

If the applicant is not an orphan relative child, this is the wrong visa.

3. What is this visa used for?

Permitted purpose

The Subclass 117 visa is used for: – permanent migration to Australia – family reunion for an eligible orphan child – residence in Australia with an eligible sponsoring relative – access to life in Australia as a permanent resident

Prohibited or irrelevant uses

This visa is not meant for: – tourism – short business trips – conference attendance – job seeking – temporary employment – short-term study only – remote work as a visitor workaround – medical travel only – airport transit – marriage visit only – paid performance tours – journalism assignments – investment/business setup as the main purpose

Grey areas and misunderstandings

Is it for adopted children?

Not automatically. Adoption cases can fall under different rules and often different visa subclasses. A child who is adopted or in the process of adoption may need a different pathway depending on legal status.

Is it for any relative’s child?

No. The child must meet the legal definition for this visa, and the sponsor must be an eligible relative.

Can it be used just because parents live overseas?

No. The law requires much more than separation from parents. The child must qualify because the parents are dead, missing, permanently unable to care, or their whereabouts are unknown.

4. Official visa classification and naming

Official classification

• Program: Family migration
• Subclass code: 117
• Visa type: Permanent visa
• Location requirement: Applicant must be outside Australia when applying and usually when granted

Related names and categories

People often confuse Subclass 117 with: – Subclass 837 Orphan Relative visa — onshore version – Child visas — for dependent children of Australian citizens/permanent residents – Adoption visas — for children adopted or to be adopted – Remaining Relative visa — for applicants whose only near relatives are in Australia – Carer visa — for people who need to care for an Australian relative with long-term medical needs

5. Eligibility criteria

Core eligibility rules

Based on official Home Affairs criteria, the applicant generally must:

• be outside Australia when applying
• be outside Australia when the visa is decided
• be single
• be younger than 18 years old, or if older, meet the limited circumstances allowed by law if applicable; however, this visa is generally framed for children under 18, and applicants should verify the latest official wording carefully
• have no parent who can care for them because:
• both parents are dead, or
• both parents are permanently incapacitated, or
• both parents’ whereabouts are unknown, or
• one parent meets one of those conditions and the other parent is not known or cannot legally care for the child, depending on the facts and evidence
• have an eligible relative sponsor in Australia
• meet health requirements
• meet character requirements
• satisfy the best interests of the child requirement and Australian child welfare safeguards
• satisfy any custody/consent requirements under Australian law

Sponsor eligibility

The sponsor generally must be: – an Australian citizen, Australian permanent resident, or eligible New Zealand citizen – aged 18 or over – settled in Australia – an eligible relative of the child, or the spouse/de facto partner of such a relative

Eligible relative usually includes:

• brother or sister
• grandparent
• aunt
• uncle

The official visa page should be checked for the exact current sponsor relationship wording.

Nationality rules

There is no published rule limiting this visa by the child’s nationality. It is generally based on relationship and protection/family circumstances, not citizenship.

Passport validity

The child will normally need a valid passport or other acceptable travel/identity document. If a child is stateless or cannot obtain a passport, that becomes a special-case issue and should be handled carefully with official guidance.

Education, language, work experience, job offer, points

Not required for this visa.

Health requirement

Applicants must meet Australia’s health requirement. This can involve: – medical examination – chest x-ray if required – other tests depending on age, country, and medical history

Character requirement

Police certificates may be required for applicants of relevant age and for other family members if requested. Character information may also be required from sponsors.

Biometrics

Biometrics may be requested depending on nationality, location, and application handling arrangements.

Insurance

There is no standard private health insurance requirement stated as a core visa criterion for permanent family visas, but health examinations may be required. After grant and arrival, permanent residents may access services based on Australian rules.

Quotas and caps

Australia’s migration program planning levels can affect family visas, but a public subclass-specific annual cap for 117 is not always clearly stated on the main page. Processing can still be affected by program ceilings and demand.

Embassy-specific issues

Document submission and biometrics arrangements can vary by country and visa application center. Always check the official office-specific instructions.

Special legal safeguards

Because this visa involves a child, additional scrutiny often applies to: – custody – consent – child trafficking concerns – child welfare – best interests of the child

6. Who is NOT eligible / common refusal triggers

Ineligibility factors

A child is generally not eligible if: – they are in Australia when applying for Subclass 117 – they are married, engaged, or in a de facto relationship – they do not meet the orphan-relative definition – a parent is alive and able to care for them – the sponsor is not an eligible relative – the sponsor lacks the required immigration status in Australia – there are unresolved custody or consent issues – the child fails health or character checks – required documents are missing or unreliable

Common refusal triggers

Relationship problems

• unclear family link to sponsor
• weak civil documents proving lineage
• sponsor is too remote a relative
• informal caregiving arrangement but no legal evidence

Orphan-status evidence problems

• no death certificates where parents are said to be deceased
• no medical evidence of permanent incapacity
• no serious evidence that parents are missing or uncontactable
• temporary inability to care presented as permanent inability

Child welfare concerns

• no consent from the person legally entitled to decide for the child
• conflicting custody orders
• possible breach of child custody laws
• concerns the visa is not in the child’s best interests

Identity/document concerns

• late-registered birth certificates with no supporting evidence
• inconsistent names or dates of birth
• missing translations
• forged or unverifiable documents

Health/character issues

• unmet health requirement
• relevant criminal history
• security concerns

Wrong visa class

• applicant is really an adopted child, not an orphan relative
• applicant should instead apply as a dependent child under a parent visa situation
• applicant is over age and no longer fits the category

Warning: For this visa, refusal often turns on the legal definition of “orphan relative” and proof of care arrangements, not just basic identity papers.

7. Benefits of this visa

Subclass 117 is a permanent visa, so its benefits are significant.

Main benefits

• live in Australia permanently
• work in Australia without employer sponsorship
• study in Australia
• enroll in Medicare if eligible under Australian rules
• travel to and from Australia for the travel facility period
• later apply for Australian citizenship if eligible
• access settlement rights similar to other permanent residents, subject to general Australian law

Family benefits

The main benefit is family reunification for an eligible child with relatives in Australia.

Long-term benefits

• direct permanent residence from grant
• no need to “convert” from temporary to permanent
• stable status for schooling and upbringing in Australia

8. Limitations and restrictions

Even though this is a permanent visa, there are still limits.

Restrictions and practical limits

• the applicant must generally be outside Australia at application and decision
• this visa is only for a narrow child category
• sponsor and family evidence is heavily scrutinized
• travel facility is not indefinite; after the initial travel facility expires, re-entry from abroad may require a Resident Return Visa
• the child must obey Australian laws and visa conditions embedded in the migration framework after grant
• citizenship is not automatic

No relevance for temporary goals

This is not suitable if the real purpose is: – tourism – short study – temporary work – business visits

9. Duration, validity, entries, and stay rules

Permanent residence

This is a permanent visa, so the holder may stay in Australia indefinitely from grant.

Travel facility

Like many Australian permanent visas, it generally comes with a 5-year travel facility from the date of grant. During that period, the person can normally leave and re-enter Australia as a permanent resident.

After that: – the person remains a permanent resident if still in Australia – but if outside Australia and wishing to return after the travel facility expires, they may need a Resident Return Visa

Entry rules

• applicant must usually be outside Australia when visa is granted
• once granted, they can travel to Australia
• border entry is still subject to normal identity and security checks

Overstay concept

Because this is permanent, “overstay” in the temporary-visa sense usually does not apply after lawful entry as a permanent resident. But travel facility expiry can create re-entry issues if the person leaves Australia.

10. Complete document checklist

This visa is document-heavy because of the child welfare and family relationship issues.

A. Core documents

B. Identity/travel documents

• child’s passport
• birth certificate
• national ID card if applicable
• passport-style photographs
• any prior passports
• name-change documents if applicable

Why needed: – to prove identity – nationality – date of birth – legal names – travel document validity

Common mistakes: – unclear scans – inconsistent spellings – unofficial translations – cropped passport pages

C. Financial documents

There is no standard published minimum fund threshold like a visitor visa, but authorities may still assess practical care arrangements. Useful documents can include: – sponsor’s payslips – tax records – employment letter – bank statements – evidence of accommodation

D. Employment/business documents

For the sponsor: – employment letter – recent payslips – tax returns or notices if useful – self-employment records if relevant

These help show capacity to support settlement, although they are not a substitute for legal eligibility.

E. Education documents

For the child, if available: – school records – enrollment history – transfer records – vaccination/school health records where relevant

Useful to show: – child’s background – age consistency – practical settlement planning

F. Relationship/family documents

This is the most important section.

• birth certificates showing link to the sponsor’s family line
• family register documents, if available in the issuing country
• death certificates of parents, if deceased
• medical reports proving permanent incapacity, if relevant
• police or court records about missing parents, if relevant
• custody orders
• guardianship papers
• consent forms from legal guardians
• evidence of who currently cares for the child
• sponsor’s proof of relationship to the child
• DNA evidence only if specifically relevant and considered lawful/appropriate; not automatically required

G. Accommodation/travel documents

Usually not central, but useful: – sponsor’s lease, title deed, or housing documents – statement explaining where the child will live – travel planning after grant

H. Sponsor/invitation documents

• proof sponsor is an Australian citizen, permanent resident, or eligible New Zealand citizen
• passport biodata page
• Australian passport or citizenship certificate or evidence of PR
• proof sponsor is settled in Australia
• proof of address
• sponsorship form
• statutory declarations if relevant and truthful

I. Health/insurance documents

• health examinations arranged through official channels if requested
• medical reports
• vaccination or health records if useful for settlement
• no standard private insurance document is usually the central requirement for this permanent visa category

J. Country-specific extras

May include: – military records – household registration books – court documents – orphanage/social welfare records – exit permission documents for minors – local guardianship legalization

These vary by country.

K. Minor/dependent-specific documents

For a child: – parental death certificates or incapacity evidence – legal custody/guardianship evidence – notarized consent where required – identity documents of current caretaker – child protection records if applicable

L. Translation / apostille / notarization needs

Documents not in English must usually be translated into English. Depending on the issuing country and the document type, notarization or legalization may help, but the exact requirement varies.

Common mistakes: – translation done by an unqualified person – translation missing the original-language document – only partial translation submitted – no explanation for inconsistent civil records

M. Photo specifications

Use current Australian visa photo specifications from official guidance. Because specifications can change, follow the latest official photo instructions rather than old samples.

Common Mistake: Applicants often focus on passport and birth certificate but underprepare the legal evidence showing why no parent can care for the child. That is often the core issue.

11. Financial requirements

Is there a minimum fund rule?

For Subclass 117, there is no widely published fixed minimum personal bank balance requirement on the main official visa page like there is for some temporary visas.

However, financial capacity can still matter indirectly because authorities may look at: – sponsor’s ability to support the child’s settlement – realistic accommodation arrangements – whether the proposed care situation is credible and in the child’s best interests

Who can support financially?

Usually: – the sponsor – sponsor’s spouse or de facto partner – possibly other household members as supplementary evidence, if relevant

Acceptable helpful financial evidence

• bank statements
• payslips
• tax documents
• employment letters
• proof of housing
• evidence of stable income

Hidden costs

Even if no fixed maintenance fund is required, applicants should plan for: – visa charge – medicals – police certificates – translations – document legalization – travel to Australia – school setup costs – relocation costs

12. Fees and total cost

Visa fees change. Always check the official fee page before applying.

Main cost areas

Important fee note

Australia’s visa application charges can be updated regularly, and exchange-rate effects can matter in some countries. Use the official fee estimator or visa page.

Warning: Visa application charges are commonly non-refundable if the visa is refused.

13. Step-by-step application process

1. Confirm the correct visa

Make sure the case really fits Subclass 117, not: – Subclass 837 – child visa – adoption visa – another family visa

2. Gather core family and legal documents

Focus first on: – child identity – relationship to sponsor – proof that no parent can care for the child – custody/consent documents

3. Create an ImmiAccount

Australia commonly uses ImmiAccount for online applications and document uploads.

4. Complete the visa application

Answer every question carefully and consistently.

5. Complete sponsorship requirements

The sponsor may need to complete and sign the required sponsorship form and provide status/identity evidence.

6. Pay the visa application charge

Use official payment channels.

7. Submit the application

The application is lodged online unless the official process for a given location requires otherwise. Always follow the current official instructions.

8. Upload supporting documents

Upload: – identity – relationship – orphan-status evidence – sponsor papers – custody/consent documents – translations

9. Biometrics if requested

Not every applicant is asked immediately, but some are. Follow the official instruction letter.

10. Health examinations if requested

Complete them only through approved panel physicians.

11. Police checks if requested

Obtain police certificates as instructed for the relevant persons and jurisdictions.

12. Respond to further information requests

If Home Affairs asks for more documents, respond within the deadline.

13. Decision

If approved, the visa is granted digitally.

14. Travel to Australia

Carry key supporting papers when traveling, especially for a minor child.

15. After arrival

Arrange: – Medicare enrollment if eligible – school enrollment – banking and settlement – any state-level child welfare or guardianship formalities if relevant

14. Processing time

Official processing times

Australia publishes visa processing times on official channels, but exact subclass-specific timing can change. Check the official global processing times page.

What affects timing?

• completeness of the application
• difficulty proving orphan-relative status
• custody issues
• health checks
• police clearances
• country-specific document verification
• demand and migration program settings

Practical expectation

Family visas can take substantial time. This is not typically a fast visa. If the case is document-heavy or legally complex, processing may be lengthy.

Priority options

No general public premium processing route is commonly advertised for this visa.

15. Biometrics, interview, medical, and police checks

Biometrics

May be required depending on: – nationality – application location – current biometrics program arrangements

Interview

There is no universal interview requirement publicly stated for every Subclass 117 case, but authorities can ask for more information or conduct checks if needed.

Possible topics if queried

• family relationship
• who currently cares for the child
• parents’ situation
• sponsor’s plans in Australia
• custody and best interests of the child

Medical exams

Usually completed through approved panel physicians after instruction or when permitted by official guidance.

Police checks

May be required where relevant, especially for applicants of sufficient age and in certain circumstances. Sponsor-related character information can also become relevant.

16. Approval rates / refusal patterns / practical reality

Official approval data

Public subclass-specific approval-rate data is not always presented in a simple official format for applicants. If no official approval percentage is easily published for this visa, applicants should not rely on unofficial estimates.

Practical refusal patterns

Refusals commonly arise from: – failure to prove the child is legally an orphan relative – weak relationship chain documents – unresolved custody/consent issues – sponsor not meeting status/relationship requirements – document inconsistencies – child welfare concerns – unmet health/character requirements

17. How to strengthen the application legally

Practical, legal ways to improve a Subclass 117 case

1. Build a clean relationship chain

Use a document chain that clearly shows: – child – child’s parent(s) – sponsor – how sponsor is related to the child

2. Explain the parents’ situation with evidence

Do not rely on a short statement alone. Use: – death certificates – medical incapacity records – court/police records for missing parents – affidavits only as support, not replacement for primary evidence where primary evidence should exist

3. Address custody upfront

If another person currently has legal or practical care of the child, explain: – who that person is – why they cannot continue long-term – whether they consent – what court or legal documents exist

4. Use a concise statement

A short covering explanation from the sponsor can help tie the evidence together.

5. Translate everything properly

Poor translations create suspicion and delay.

6. Explain anomalies

If birth registration was delayed or names differ across records, add a document note with evidence.

7. Organize the file for a case officer

A clear index and grouped PDFs reduce confusion.

Pro Tip: In child family visas, clarity often matters more than volume. A smaller, well-indexed pack beats a large, chaotic upload.

18. Insider tips, practical hacks, and smart applicant strategies

Legal Tips and Common Applicant Strategies

• Start with the hardest evidence first: orphan-status proof and custody papers.
• Use one-page document explanation notes for complex items like late birth registration, name variations, or missing parent records.
• If there are large bank deposits in sponsor statements, explain them with salary records, sale records, or gift evidence.
• Keep family tree diagrams simple and accurate; they are not substitutes for civil records, but they help the officer read the file.
• For countries with weak civil registration systems, provide multiple consistent secondary records if primary documents are unavailable, and explain why.
• Upload files in the same order as the official checklist where possible.
• Respond to requests for further information before the deadline, even if only to provide partial documents and explain when the remainder will arrive if allowed.
• If there was a prior visa refusal, disclose it honestly and explain what has changed.
• Do not over-contact Home Affairs; contact them mainly when:
• the department specifically invites updates
• a material fact changes
• a deadline problem arises
• a child-protection or custody issue changes significantly

19. Cover letter / statement of purpose guidance

Is a cover letter required?

Not always formally required, but often very useful in this visa class.

What it should do

A good cover letter should: – identify the child and sponsor – summarize the legal basis of eligibility – explain the family relationship – explain why the child qualifies as an orphan relative – list key evidence submitted – explain custody and best-interest considerations – note any anomalies

Suggested outline

1. Applicant details
2. Sponsor details
3. Relationship summary
4. Parents’ circumstances
5. Current care arrangements
6. Why permanent migration to Australia is proposed
7. Best interests of the child
8. Document list and explanation of unusual items

What not to do

• do not exaggerate
• do not hide missing documents
• do not make legal claims unsupported by evidence
• do not copy generic templates full of irrelevant content

20. Sponsor / inviter guidance

Who can sponsor?

Usually an eligible: – Australian citizen – Australian permanent resident – eligible New Zealand citizen

who is: – settled in Australia – aged 18 or over – an eligible relative of the child, or their spouse/de facto partner

Sponsor obligations

While the precise enforceable obligations should be checked on the current sponsorship form and official page, the sponsor is generally expected to: – support the child’s settlement – provide accommodation and care arrangements – cooperate with immigration requirements – provide truthful evidence

Good sponsor document pack

• proof of status in Australia
• passport or identity document
• proof of address
• evidence of settlement in Australia
• evidence of relationship to child
• employment/income evidence
• housing evidence
• statement of proposed care arrangements

Sponsor mistakes

• vague explanation of relationship
• no proof of “settled” residence in Australia
• no practical plan for the child’s schooling and living arrangements
• assuming sponsorship alone proves the child qualifies

21. Dependents, spouse, partner, and children

Can dependents be included?

This visa is for a child applicant. Dependents are not the main structure of this visa in the way they are for skilled or work visas.

Because the applicant is expected to be a child and single, spouse/partner inclusion is generally not applicable.

Key rules

• the applicant must generally be single
• marriage, engagement, or de facto relationship will usually disqualify the applicant
• if the child has their own dependent child, this becomes legally complex and uncommon for this visa type; current official rules must be checked carefully

Custody issues for minors

Very important: – if one parent is alive, decision-making rights must be examined carefully – court orders or legal consents may be needed – Australia applies child-protection and custody safeguards

22. Work rights, study rights, and business activity rules

Once granted, this is a permanent visa.

Work rights

• full work rights in Australia as a permanent resident

Study rights

• full study rights in Australia as a permanent resident

Business activity

• lawful business activity is generally permitted as for permanent residents, subject to age, licensing, and ordinary laws

Remote work / self-employment / side income

As a permanent resident, these are generally not restricted by visa condition in the way visitor visas are. Ordinary tax, labor, age, and business laws still apply.

23. Travel rules and border entry issues

Visa grant vs border entry

A granted visa allows travel, but final entry is still subject to border checks.

Documents to carry

For a child traveler, carry: – valid passport – visa grant notice if available – copies of custody/consent documents – sponsor contact details – address in Australia – medical needs documents if relevant

Minor travel issues

Airlines and border agencies may pay special attention to: – whether the child is traveling alone or with an escort – parental consent – guardianship papers – identity consistency

Re-entry later

Within the initial travel facility period, re-entry is usually straightforward if identity and residency status are in order. After travel facility expiry, a Resident Return Visa may be needed.

24. Extension, renewal, switching, and conversion

Can it be extended?

Not applicable in the normal sense because it is already a permanent visa.

Can it be renewed?

The visa itself is permanent, but the travel facility is time-limited. Later travel may require a Resident Return Visa.

Can it be switched?

Not usually relevant because it is a permanent-status visa. The person generally does not need to switch to another visa to keep living in Australia.

Onshore/offshore issues

Subclass 117 is the offshore orphan relative visa. If the child is already in Australia, the correct route may instead be Subclass 837, subject to eligibility.

25. Permanent residency and citizenship pathway

PR status

This visa is itself a permanent resident visa.

Citizenship pathway

The holder may later qualify for Australian citizenship if they meet the citizenship rules, which can include: – lawful residence requirements – period of permanent residence – character requirements – citizenship test or exemptions depending on age – intention and residence rules under citizenship law

Children can sometimes obtain citizenship under special rules that differ from adults. Check the current citizenship guidance.

When this visa does not help PR

Not applicable, because PR is granted directly.

26. Taxes, compliance, and legal obligations

Tax

Once living in Australia, the child’s tax position will depend on: – residence status for tax purposes – age – whether they earn income – general Australian tax law

Compliance obligations

• obey Australian law
• keep identity documents current
• attend school if of compulsory school age under state/territory law
• update relevant records where needed
• maintain lawful travel documentation

Medicare and services

Permanent residents may be eligible for Medicare, but practical enrollment steps must be completed after arrival.

27. Country-specific or nationality-specific exceptions

General rule

There is no broad nationality-based waiver replacing the legal criteria for this visa.

What can vary by nationality/location?

• biometrics requirements
• local document availability
• translation/legalization expectations
• visa application center procedures
• police certificate process
• medical exam availability

These variations are operational, not core legal eligibility changes.

28. Special cases and edge cases

Minors

This visa is specifically child-focused, so minor-specific safeguards are central.

Divorced or separated parents

If one parent is alive, their legal rights matter. Separation alone does not make the child an orphan relative.

Adopted children

May require an adoption-related visa pathway instead.

Same-sex families

Australia recognizes same-sex relationships in immigration law, but this visa is mainly about a child and sponsor relationship. Same-sex issues may be relevant where sponsor relationship or caregiving household evidence is involved.

Stateless persons

Possible, but document and travel issues become more complex. Official guidance should be checked carefully.

Refugees

May have different documentary challenges. Alternative humanitarian pathways may sometimes be more appropriate depending on facts.

Dual nationals

Usually acceptable, but identity must be consistent across passports/documents.

Prior refusals

Must be disclosed. Prior refusal does not automatically bar approval, but inconsistencies can harm credibility.

Criminal records

Can affect character assessment.

Expired passport but valid visa

Travel can become problematic; a valid travel document is usually needed.

Applying from a third country

Possible in some cases, but operational procedures vary.

Name changes / gender marker mismatch

Provide legal change documents and a clear explanation. Consistency is critical.

Previous deportation/removal

Can create serious immigration issues and may require legal advice.

29. Common myths and mistakes

Myth vs Fact

30. Refusal, appeal, administrative review, and reapplication

What happens after refusal?

The refusal letter will explain: – why the visa was refused – the legal criteria not met – whether review rights exist – any deadline for review

Administrative review

Review rights depend on: – where the application was made – who the sponsor is – the specific legal basis of refusal – current review law and tribunal structure

Australia’s merits review system has changed in recent years, so applicants must check the current official review body and deadlines.

Refunds

Visa application charges are generally not refunded after refusal unless a specific official exception applies.

Reapplying

A reapplication may be possible if: – the refusal reason can be fixed – stronger evidence now exists – the child still meets age and other criteria

When legal help is useful

Strongly consider professional legal help when refusal involves: – disputed custody – unclear legal guardianship – missing-parent evidence – adverse information – health/character issues – review rights and deadlines

31. Arrival in Australia: what happens next?

At the airport

The child will go through: – identity check – normal border control screening – possible questions if traveling as a minor

Soon after arrival

Practical steps may include: – enrolling in Medicare if eligible – arranging school enrollment – opening a bank account if needed – obtaining a local SIM – organizing primary healthcare – updating guardian/contact details where relevant

First 30 days

• settle housing
• school arrangements
• medical records transfer
• community support if needed
• state/territory child welfare compliance if applicable

32. Real-world timeline examples

Scenario 1: Child outside Australia with deceased parents

• Weeks 1–4: gather birth records, death certificates, sponsor documents
• Weeks 5–8: translations, custody papers, sponsor statement
• Week 9: lodge application
• Following months: biometrics/medical/police as requested
• Later: decision and travel

Scenario 2: Child with one missing parent and one incapacitated parent

• Longer preparation often needed
• Significant time may go into medical proof, police reports, and legal custody clarification
• Processing can be slower due to evidence complexity

Scenario 3: Child cared for by grandparent overseas, sponsored by aunt in Australia

• Main challenge: proving why current care cannot continue and why migration is in the child’s best interests
• Schooling and accommodation plan in Australia should be well explained

Note: Examples are illustrative only. Official processing times vary.

33. Ideal document pack structure

Recommended file organization

Naming convention

Use clear file names such as: – 01_Passport_Child – 02_Birth_Certificate_Child – 03_Birth_Certificate_Mother – 04_Birth_Certificate_Sponsor – 05_Death_Certificate_Father – 06_Sponsor_Australian_Passport – 07_Custody_Order – 08_Translations_Bundle

PDF merge order

1. Cover letter/index
2. Child identity
3. Relationship chain
4. Parent circumstance evidence
5. Custody/consent evidence
6. Sponsor status and settlement evidence
7. Financial/accommodation support
8. Translations and explanation notes

Scan quality tips

• color scans where possible
• full page visible
• no cut edges
• readable stamps and seals
• one document per file or logically grouped bundle

34. Exact checklists

Pre-application checklist

• confirm Subclass 117 is the correct visa
• confirm child is outside Australia
• confirm child is single
• confirm sponsor is eligible
• collect birth and identity records
• collect proof regarding parents’ death/incapacity/missing status
• collect custody and consent records
• arrange translations

Submission-day checklist

• all forms completed
• names/dates consistent
• sponsor documents attached
• translations attached
• passport valid
• fee ready
• evidence index prepared

Biometrics/interview-day checklist

• instruction letter
• passport
• appointment confirmation
• any requested originals
• child accompaniment rules checked if minor

Arrival checklist

• passport
• visa grant details
• custody/consent papers
• sponsor contact details
• address in Australia
• school/medical records

Extension/renewal checklist

Not applicable in the normal sense for the visa itself. If later travel facility issues arise: – check Resident Return Visa eligibility – confirm travel dates – gather residence evidence if needed

Refusal recovery checklist

• read refusal reasons line by line
• identify each unmet criterion
• check review deadline
• gather missing evidence
• assess whether reapplication or review is better
• get legal advice if custody/legal issues are involved

35. FAQs

1. Is Subclass 117 a permanent visa?

Yes.

2. Must the child be outside Australia?

Yes, for Subclass 117, the applicant must generally be outside Australia when applying and when the visa is decided.

3. What is the onshore version?

Subclass 837.

4. Can a parent sponsor the child under Subclass 117?

Usually no. This visa is for an orphan relative sponsored by an eligible relative such as a brother, sister, grandparent, aunt, or uncle, subject to official rules.

5. Does the child need to be under 18?

Generally yes. Check the latest official wording for any narrow legal exceptions.

6. Can a married teenager apply?

Usually no. The applicant must be single.

7. What if one parent is alive?

That does not automatically prevent approval, but the case must show that no parent can care for the child as required by law.

8. What if the parent is alive but poor?

Poverty alone is not necessarily enough. The legal test is stricter.

9. What if parents are missing?

You need strong evidence, such as police reports, court records, or credible official documentation where available.

10. Can affidavits from relatives replace death certificates?

Usually not where official records should exist. Affidavits may support, not replace, primary evidence.

11. Does the sponsor need a minimum salary?

No fixed public threshold is commonly stated on the main visa page, but support capacity can still matter practically.

12. Can the child work after arrival?

Yes, as a permanent resident, subject to age and ordinary Australian laws.

13. Can the child study in public school?

Generally yes, subject to state/territory education rules and enrollment processes.

14. Can the visa be refused because of custody disputes?

Yes.

15. Is DNA testing required?

Not routinely. It may be relevant only in some identity/relationship disputes and should be approached lawfully.

16. Can the sponsor be the child’s aunt’s husband?

Possibly, if the rules allow the spouse/de facto partner of an eligible relative to sponsor. Check current official wording.

17. Does the child get Medicare?

Permanent residents are generally eligible, but enrollment steps are still needed after arrival.

18. How long does processing take?

It varies. Check official processing times.

19. Can I speed it up with priority processing?

No standard premium route is commonly published for this subclass.

20. What if the child’s birth certificate was issued late?

Explain why and provide supporting records like hospital, baptism, school, or family registry records where relevant.

21. Can a guardian overseas apply on the child’s behalf?

Applications for minors are usually handled by the appropriate adult/guardian, but legal authority should be clear.

22. Is an interview mandatory?

Not always, but further questioning or information requests are possible.

23. What if the sponsor recently moved to Australia?

The sponsor usually needs to be “settled” in Australia. Recent arrival can raise questions.

24. Can the child include siblings?

Not automatically. Each child’s case and visa option must be assessed individually.

25. What happens if the visa is granted but the passport expires?

The visa remains in the system, but the child will need a valid passport to travel.

26. Can the child travel out of Australia after arrival?

Yes, during the travel facility period.

27. What happens after the 5-year travel facility ends?

Re-entry from abroad may require a Resident Return Visa.

28. Can the child become an Australian citizen later?

Potentially yes, if citizenship requirements are met.

29. Is this visa available to all nationalities?

Generally yes, if the legal criteria are met. Operational requirements vary by location.

30. What is the biggest mistake in these applications?

Failing to prove, with strong evidence, why no parent can care for the child.

36. Official sources and verification

Below are key official sources. Verify all details on official pages before applying.

• Australian Department of Home Affairs, Orphan Relative visa (subclass 117)
  https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/orphan-relative-117

• Australian Department of Home Affairs, Orphan Relative visa (subclass 837)
  https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/orphan-relative-837

• Australian Department of Home Affairs, Family visas
  https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/family-visas

• Australian Department of Home Affairs, Visa pricing estimator
  https://immi.homeaffairs.gov.au/visas/visa-pricing-estimator

• Australian Department of Home Affairs, Visa processing times
  https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times

• Australian Department of Home Affairs, ImmiAccount
  https://immi.homeaffairs.gov.au/help-support/applying-online-or-on-paper/online

• Australian Department of Home Affairs, Biometrics
  https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/biometrics

• Australian Department of Home Affairs, Health requirement
  https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health

• Australian Department of Home Affairs, Character requirement
  https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/character

• Australian Government, Australian citizenship
  https://immi.homeaffairs.gov.au/citizenship

• Federal Register of Legislation, Migration Regulations 1994
  https://www.legislation.gov.au/

37. Final verdict

The Orphan Relative Visa (Subclass 117) is best for a very specific group: a child outside Australia who genuinely has no parent able to care for them and who has an eligible settled relative in Australia ready to sponsor them.

Biggest benefits

• direct permanent residence
• full work and study rights after arrival
• long-term stability for the child
• possible future citizenship

Biggest risks

• using the wrong family visa category
• weak proof that the child legally qualifies as an orphan relative
• unresolved custody/consent issues
• inconsistent family documents

Top preparation advice

• prove the relationship chain clearly
• prove the parents’ situation with strong official evidence
• address custody and best interests of the child upfront
• organize documents in a logical, indexed bundle
• verify current official forms, fees, and processing rules before lodging

When to consider another visa

Consider another route if: – the child is in Australia already – the child is adopted or being adopted – the applicant is not a child – the real relationship is parent-child under a different visa category – the case fits a humanitarian pathway better than a family orphan-relative pathway

Information gaps or items to verify before applying

• current visa application charge and any additional applicant charges
• latest official processing times for Subclass 117
• current sponsor form number and submission method
• exact age wording and any limited exceptions in current law/policy
• whether biometrics are required in the applicant’s country
• current medical and police certificate instructions by location
• whether original or certified copies are required for specific civil documents
• local legalization/apostille expectations for custody and court records
• current review/appeal body and deadlines if refused
• current travel facility wording and Resident Return Visa implications
• any country-specific child exit permission rules
• any recent changes to family visa program settings or child-protection procedures