Orphan Relative visa

What this visa is for#

The Australian Orphan Relative visa (subclass 117) is for an orphaned relative under 18 with a relative in Australia.

It is a permanent visa in the family migration program. In official classifications, its category is partner and its stream is Other family.

This visa is designed for children who cannot be cared for by their parents because of serious circumstances such as death, disappearance or permanent inability to care for the child. The application process looks closely at the child’s family situation, the relationship to the Australian relative, and who will care for the child after arrival.

The subclass 117 visa is generally an offshore visa. That means the child is outside Australia when the visa is lodged and when the visa is decided.

Who it is generally for#

This visa is for people who are under 18 and are orphaned relatives of an Australian relative who can sponsor them.

This visa is for people who do not have a parent who can care for them because the parents are deceased, cannot be found, or are permanently unable to care for them. The Department usually expects evidence of that situation, not just a statement that the parents are absent.

This visa is for people who are related to a settled Australian citizen, Australian permanent resident, or eligible New Zealand citizen in a way recognised under the visa rules. In practice, the sponsoring relative is usually a close family member such as a brother, sister, grandparent, aunt or uncle, depending on how the legal definitions apply.

This visa is for children who will be sponsored and cared for in Australia. The Department may also look at who currently has legal responsibility for the child, and whether any custody, guardianship or adoption issues need to be resolved before a visa can be granted.

What it costs#

The government Visa Application Charge for this visa is:

• Main applicant: $3,075

That government charge is paid to the Department of Home Affairs. It is the same no matter who lodges the application, whether that is the applicant, a family member, a registered migration agent or an Australian legal practitioner.

Professional fees are separate from the government charge. A registered migration agent or lawyer may charge for preparing the application, checking evidence, drafting submissions, arranging translations, and managing Department requests. Those professional fees are not fixed by the government, so quotes can vary.

Other third-party costs can also come up during the process. These can include health examinations, police certificates, translations, document copies and courier costs, depending on the evidence required.

Government charges are indexed and usually change on 1 July. The amount payable is generally the amount set by the Department at the time of lodgement.

How long it takes#

Processing times for this visa can be lengthy. Family visas in the Other family stream are often not quick, and timing can vary based on application volume, document quality, and whether the Department needs more information.

A case can take longer if key documents are missing at lodgement, if identity or custody records are hard to obtain, or if documents need verification from overseas authorities. Delays are also common where the Department has to ask follow-up questions about who has legal care of the child.

Health and character steps can affect timing too. Medicals, police checks where required, and any country-specific document checks can add months if they are not completed promptly or if appointments are difficult to obtain.

Published processing times can change over time. The Department updates its own information periodically, so the most current estimate is usually found on the Department website at the time the application is being prepared or lodged.

What the process involves#

The process usually starts with checking the current Department requirements for the subclass 117 visa and gathering identity, relationship and care documents. Because this is a child visa, evidence about parents, guardianship and day-to-day care is often central to the application.

The application is then lodged with the required forms and supporting documents. The Department will expect documents that show the child’s identity, age, relationship to the sponsoring relative, and why the child is considered orphaned under the visa rules. If any documents are not in English, certified translations are usually needed.

The sponsoring relative in Australia may need to complete sponsorship-related paperwork and provide evidence of their own status in Australia. The Department can also ask for documents that show where the child will live and who will be responsible for the child after arrival.

After lodgement, the Department may send requests for further information. These requests often have deadlines. A response usually needs to be complete, consistent with the original application, and supported by documents rather than informal explanations alone.

Health examinations may be required. Depending on the child’s circumstances and where they have lived, police or other background documents may also be requested, especially if the Department needs more context for identity or care arrangements.

If the visa is granted, it is a permanent visa. Because this is generally an offshore visa, the child is usually outside Australia at the time of grant.

What commonly goes wrong#

One common problem is incomplete evidence about the parents. The Department does not usually accept broad statements such as "the parents are not around" without records that support what happened. Death certificates, court records, hospital records, police documents, custody documents or other official material may be needed, depending on the situation.

Another frequent problem is weak evidence of the relationship to the Australian relative. Birth certificates, family registers and other civil documents need to line up clearly across generations. If names are spelled differently across documents, or dates of birth do not match, the Department may ask questions or delay the case while identity is clarified.

Guardianship and consent issues also cause delays. A visa application for a child often involves legal responsibility questions, including who currently has custody and whether another person’s consent is required for the child to migrate. If those arrangements are unclear, or if overseas court orders are missing, the application can stall.

Expired documents are another practical issue. Passports, police certificates, health examinations and some civil documents can expire or become outdated during a long processing period. If that happens, the Department may ask for fresh documents, which can add extra time and cost.

Not telling the Department about a change of address is a simple mistake that can become serious. If letters, requests or deadline notices go to an old address or email, the application can be delayed or even decided on the information already on file. Contact details need to stay current throughout the process.

Translations regularly cause trouble. The Department generally wants clear copies and proper English translations of documents that are not in English. Poor translations, missing pages, cropped scans and unreadable stamps can lead to requests for replacement documents.

Some applicants also assume that lodging a visa application automatically gives travel or work rights in Australia. For offshore child visas, that assumption can be especially risky. A bridging visa, where one exists in a different context, does not necessarily carry the same rights as the substantive visa it relates to, and conditions can be very different.

Finally, inconsistency across forms, statements and records is a common reason for scrutiny. Small differences about who cared for the child, when a parent died, or where the child has lived can raise questions. A careful application usually checks that all dates, names and family details match across every document.

Frequently asked questions#

What is the Orphan Relative visa subclass 117?#

The Orphan Relative visa (subclass 117) is a permanent family visa for an orphaned relative under 18 with a relative in Australia. It sits in the family migration program, with category partner and stream Other family.

It is generally used for a child who is outside Australia and needs a qualifying Australian relative to sponsor them. The Department assesses the child’s family situation and care arrangements as part of the application.

Is the Orphan Relative visa 117 permanent?#

Yes. The subclass 117 is a permanent visa if granted.

Permanent visas can allow ongoing residence in Australia, but the grant still depends on the Department being satisfied that the legal requirements are met. The application process can involve detailed checks before any decision is made.

Can a child apply for subclass 117 while in Australia?#

This visa is generally an offshore visa. That usually means the child is outside Australia when the application is lodged and when the Department makes its decision.

The place of lodgement and place of grant matter in visa processing. Current Department instructions and forms set out how this works at the time of application.

How much is the government fee for the Orphan Relative visa?#

The government Visa Application Charge listed for this visa is $3,075 for the main applicant. That charge is paid to the Department of Home Affairs.

A migration agent or lawyer may charge separate professional fees for their work. The government charge itself is the same no matter who lodges the application, and charges are indexed and usually change on 1 July.

What documents are usually needed for an Orphan Relative visa?#

The Department commonly asks for identity documents, proof of age, documents showing the family relationship to the Australian relative, and evidence about the parents’ death, disappearance or permanent inability to care for the child. Guardianship, custody and consent documents may also be important.

Exact document needs vary by case and by country. If documents are not in English, English translations are usually required, and all records need to be clear and consistent.

About this page. This is general information about how the Orphan Relative visa (subclass 117) works. It is not immigration assistance and it is not advice about your situation. Under section 280 of the Migration Act 1958 only a registered migration agent or an Australian legal practitioner can give you that. Charges are indexed and most change on 1 July, so check any figure against immi.homeaffairs.gov.au before you rely on it, and check any agent's registration on the OMARA register.