Orphan Relative Visa (Subclass 837)

Overview

The Orphan Relative Visa (Subclass 837) is a permanent visa designed for children under 18 years old who are already in Australia and have no parents able to care for them. This visa allows the child to live permanently with an eligible relative who is an Australian citizen, permanent resident, or eligible New Zealand citizen.

Eligibility Criteria

To be eligible for the Subclass 837 visa, the child must:

• Be under 18 years of age at the time of application.
• Be in Australia, but not in immigration clearance, when the application is made and when a decision is made.
• Be single (not married, engaged, or in a de facto relationship).
• Have no parent who can care for them due to death, permanent incapacity, or inability to be located.
• Be sponsored by an eligible relative who is:
  • An Australian citizen,
  • An Australian permanent resident, or
  • An eligible New Zealand citizen.
• Have written consent to migrate to Australia from:
  • Everyone who can legally decide where the child lives, or
  • The laws of the child's home country allow the migration, or
  • The migration is consistent with any Australian child order.
• Meet health and character requirements.
• Have no outstanding debts to the Australian Government.
• Hold a substantive visa (not a Subclass 771 Transit visa) or apply within 12 months of the previous substantive visa ceasing.

Eligible Sponsors

An eligible sponsor must be a settled Australian citizen, permanent resident, or eligible New Zealand citizen, and be one of the following relatives of the child:

• Brother or sister (including step-siblings),
• Grandparent (including step-grandparents),
• Aunt or uncle (including step-aunts and step-uncles).

The sponsor must be settled in Australia, which generally means they have been lawfully residing in Australia for at least two years.

Application Process

1. Prepare Documentation: Gather necessary documents, including proof of the child's identity, evidence of the relationship with the sponsor, and documents proving the parents' inability to care for the child.
2. Submit Application: Lodge the visa application by paper, as online applications are not available for this visa subclass.
3. Health and Character Checks: The child must undergo medical examinations and provide police certificates if required.
4. Await Decision: The Department of Home Affairs will assess the application and make a decision.

Costs Associated

Note: Fees are subject to change and may vary based on individual circumstances.

Processing Times

Processing times for the Subclass 837 visa can vary significantly. As of early 2025, the estimated processing times are:

• 50% of applications: Processed within 37 months.
• 90% of applications: Processed within 85 months.

Applicants should be prepared for potential delays and plan accordingly.

Common Hurdles

• Incomplete Documentation: Missing or incorrect documents can delay processing.
• Proof of Parental Inability: Providing sufficient evidence that the parents are unable to care for the child can be challenging.
• Consent Issues: Obtaining consent from all legal guardians or meeting the legal requirements of the child's home country can be complex.
• Health and Character Requirements: Failing to meet these requirements can impact visa approval.

Frequently Asked Questions (FAQs)

Q: Can the child work or study in Australia on this visa?

A: Yes, the Subclass 837 visa grants the child full work and study rights in Australia.

Q: Is this a permanent visa?

A: Yes, it's a permanent visa. The child becomes a permanent resident on the day the visa is granted.

Q: Can the child travel in and out of Australia on this visa?

A: Yes, the visa includes a 5-year travel facility allowing multiple entries to and from Australia during this period. After five years, the child may need to apply for a Resident Return Visa (RRV) or consider Australian citizenship for continued travel rights.

Q: Can siblings be included in the same application?

A: No, each sibling must submit a separate application for the Subclass 837 visa.

Q: What happens if the sponsor's circumstances change after the visa is granted?

A: The visa is granted to the child, and their permanent residency status is not affected by changes in the sponsor's circumstances after the visa is granted.

Real-Life Scenarios

• Scenario 1: Liam, a 10-year-old from the UK, lost both parents in an accident. His aunt, an Australian citizen residing in Melbourne, applies to sponsor him under the Subclass 837 visa. After providing all necessary documentation and meeting the requirements, Liam is granted the visa and continues to live with his aunt in Australia.

• Scenario 2: Aisha, a 15-year-old from Kenya, has parents who are unable to care for her due to severe illness. Her uncle, a permanent resident in Sydney, sponsors her for the Subclass 837 visa. After a thorough assessment and submission of required documents, Aisha is granted the visa and continues to live with her uncle in Australia.

• Scenario 3: Carlos, a 12-year-old from the Philippines, cannot be located by his parents. His grandmother, an eligible New Zealand citizen living in Brisbane, sponsors him for the Subclass 837 visa. After meeting all criteria and providing evidence of the parents' inability to care for Carlos, the visa is granted, and Carlos continues to live with his grandmother in Australia.

Additional Resources

• Department of Home Affairs – Subclass 837 Visa

Need Assistance?

Navigating the complexities of the Subclass 837 visa can be challenging. At Aus Visa Library, we offer comprehensive resources and expert guidance to assist you every step of the way.

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