Subclass 837 Orphan Relative Visa

Subclass 837 or more popularly known as the onshore Orphan Relative Visa, allows an eligible single child to live with an eligible Australian relative if their parents are dead, are unable to care for them, or can not be found. The child is required to be in Australia on another substantive visa to make an application under this subclass. With this visa, a child would be allowed to stay in Australia as a permanent resident, and would get to live, study, and work in Australia indefinitely. The relative should be a sponsor to the child and must be an Australian citizen, permanent resident, or eligible New Zealand citizen. In case the child is outside Australia, an application through subclass 117 should be made.

How does a Subclass 837 Orphan Relative Visa Work

Subclass 837 is a permanent residence visa. With this visa, an eligible child can live permanently with his relative/sponsors in Australia. The cost of this visa is AUD 1,630. An orphan child (If eligible) can later on also apply for Australian citizenship.

For the purpose of this visa and to be able to make an application to sponsor a child to Australia, the eligible Australian relative should be:

Should be an Australian citizen or
Should be holding an Australian PR visa or
Should be an eligible New Zealand citizen

Additionally, the eligible Australian relative must be settled in Australia; the term ‘settling’ implies that the related person has lived in Australia lawfully for at least two years.

An eligible relative may include:

Sibling or step-sibling;
Grandparent or step-grandparent;
Aunt, uncle, step-aunt, or step-uncle.

The eligible Australian relative would be required to sponsor the child. The said sponsorship needs to be approved by the Department. It might get rejected if the (relative) parent or their partner have been charged or convicted of offenses involving children.

Stipulations for the child;

Should be under 18 years of age when the visa is applied,
Should be in Australia but not in immigration clearance when the application is made, and a decision on the visa is made
Does not have a parent to care for them
The child is sponsored by an eligible relative.

What are the Eligibility Requirements for a Subclass 837 Orphan Relative Visa

The eligibility requirements for the processing of a subclass 837 orphan relative visa are:

The child should be under 18 years of age when the application is made.
The child should be in Australia (but not in immigration clearance) when the visa is applied, and a decision on the visa is made.
The child should hold a valid substantive visa.
The child should make an application for a relative orphan visa within 12 months of the ceasing of their previous substantive visa.
The substantive visa the child holds or last held was not a subclass 771 Transit visa.
The child should have no parent who can care for them. The child’s parent (both the parents) cannot care for them due to one of the following:
- They are Deceased or
- They are permanently incapable of caring for the child
- They can’t be found
The child has obtained the written consent of those who can legally decide where they live.
The laws of the child’s home country allow them to leave their home country.
This visa shall not be granted if the child has parents, and they are capable of caring for them but don’t want to.
The child should have an eligible relative as a sponsor.
The child must meet the specified health requirements as set out by the Department.
The child (if over 16 years) must meet the specified character requirements as set out by the Department.
It should be ensured that any outstanding debt (if any) owed by the child or his family towards the Government of Australia has been repaid, and if not, adequate arrangements have been made to pay back the same.
The child should not have had a visa canceled, or a previous application refused.

The Department shall not grant this visa if it is against the best interests of the child who is younger than 18 years of age.

If the applicant child does not hold a substantive visa while making an application for this visa and/or has been refused or canceled a visa application since they last arrived in Australia, they must demonstrate that since this happened they:

have become the orphan relative of an Australian citizen or eligible New Zealand citizen, or an Australian permanent resident
have become an orphan relative of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen because they have been adopted by this relative

If any of the circumstances concerning the child’s or eligible relative’s eligibility change, the Department should be informed in writing about it. It may affect the Department’s decision or lead to the cancellation of the visa. Book an appointment with our expert visa migration agents, one of the leading consultants (in Brisbane), to ensure a smooth visa processing.

The shared information is exclusive but not exhaustive, and the applicants are advised to take the help of a qualified migration agent to go through the complete eligibility requirements before applying. For more information on visa conditions and processing, please contact our immigration consultants to assist you through the entire process.

Why to apply for a Subclass 837 Orphan Relative Visa

The benefit of applying under subclass 837 is that it allows you to chase your dreams in Australia. Subclass 837 allows the visa holder to:

Stay in Australia indefinitely.
Travel to and fro from Australia for up to five years from the date of visa grant–once the 5-year travel validity expires, they will need a Resident Return Visa to re-enter Australia.
Apply for studies and later on work in Australia for an indefinite period.
Enroll in the Australian health care program-Medicare.
Apply for Australian Citizenship (On being eligible).
Sponsor eligible family members for permanent residence.

How to Apply for a Subclass 837 Orphan Relative Visa

Accurate information, along with documentary evidence, should be duly filed for visa application under subclass 837 for a positive outcome. Talk to our visa consultants for accurate filing of all the application information. Our specialized and professional visa consultants are trained to counsel the client and provide all the assistance required to ensure a positive visa decision. Contact us to schedule an appointment with our visa migration agents to start a hassle-free and effortless visa journey.

Processing Time for a Subclass 837 Orphan Relative Visa

The accurate processing time for this visa is not available. The processing time differs on a case to case basis. Communicate with a professional visa migration agent at E-Help for further details on the visa processing time frame. The general reasons for longer processing time of subclass 837 Visa are-

The applicant has not filed the application correctly.
All the related documents and evidence have not been attached.
If the Department upholds a thorough assessment policy, the processing time may be higher than usual.
When the Department requires additional information.
To verify the sponsor or supporter details.

The Department generally asks for additional information both from the candidates and/ or external agencies for the application’s decision. Generally, the verification procedure for a permanent visa is more thorough than a temporary visa category.

Contact Us

Visa Application is a complex and tricky process; it requires a very deep understanding of various legislations and eligibility requirements. Fulfilling the requirements laid out for each of these is important to enable a smooth transition to the next step without having to go back and reassess the specific requirements. Therefore, our migration agency in Brisbane can support you throughout your application process and work to help you achieve your dream of living in Australia. Avoid the heartache of having to reapply by contacting our visa consultants in Brisbane to book an appointment (Contact us) or phone us on +61 7 3172 4965.

Orphan Relative Visa (onshore) Subclass 837 Visa