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Orphan Relative visa (Subclass 837)

AustraliaFamily

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Australia Read the five questions ↓

Which family relationships qualify?

The qualifying family relationship is that of an orphaned or effectively parentless child (single, under 18) already in Australia who has a relative settled as a citizen, eligible New Zealand citizen, or permanent resident. The relative must be an eligible sibling or step-sibling, grandparent or step-grandparent, aunt, uncle, step-aunt or step-uncle — not a parent. The child must be in Australia, but not in immigration clearance, when the application is made and when it is decided.

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  • Overview tab
    This visa lets a child who is single and already in Australia stay with a relative if their parents are deceased, can't care for them or can't be found.
  • Overview tab — Check your eligibility
    have a relative who is a settled Australian citizen, eligible New Zealand citizen or Australian permanent resident
  • Overview tab — Check your eligibility
    be in Australia but not in immigration clearance when the application is made and when we decide
  • Eligibility tab — Have a sponsor
    The child must be sponsored by an eligible sibling or step-sibling, grandparent or step-grandparent, aunt, uncle, step-aunt or step-uncle.

Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

The child must be sponsored by one of the specific eligible relatives (sibling/step-sibling, grandparent/step-grandparent, aunt/uncle/step-aunt/step-uncle), and the Department must approve the sponsorship before the visa can be granted. A pending registrable-offence charge against the sponsor (or their spouse/de facto partner) results in refusal; a registrable-offence conviction allows approval only in very limited circumstances.

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What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

What matters for proving eligibility is that the child has no parent able to care for them, because both parents are deceased, permanently incapable of caring for the child, or cannot be found — a visa that will be refused if the parents are simply capable but unwilling. The child must also currently hold, or have held within the last 12 months, a substantive visa (other than a subclass 771 Transit visa), and a child under 18 needs the written consent of everyone with legal authority over where they live, or equivalent grounds under their home country's laws or an Australian child order.

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What important financial, accommodation, insurance or maintenance responsibilities apply?

The child and any dependent children applying with them must meet Australia's health requirement (other non-applying dependent children may also need to), and the child must meet the character requirement if aged 16 or over. Any debt owed to the Australian Government by the child must be repaid or subject to a formal repayment arrangement, and the Department will consider the child's immigration history, including any prior visa cancellations or refusals.

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How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?

This is a permanent visa: once granted, the child can stay in Australia indefinitely, work and study in line with Australian law, enrol in Medicare, sponsor relatives, attend free English classes under the Adult Migrant English Program if eligible, and apply for Australian citizenship if eligible. There is no temporary-to-permanent progression built into this onshore pathway. Cost is from AUD2,475.00 (concessions apply in limited circumstances).

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These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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