Visa pathway guide

AustraliaFamily

837 Orphan Relative visa (subclass 837)

A permanent visa for a single child under 18 who is in Australia and has no parent able to care for them, allowing them to stay with an eligible settled relative.

Visa details

At a Glance

Item Details
Visa name Orphan Relative visa (subclass 837)
Purpose Permanent visa for orphaned children
Stay Permanently
Cost From AUD2,475
Apply from Australia only
Decision location Must be in Australia
Age Under 18 when applying
Sponsor Eligible settled relative
Work rights Work under Australian law
Study Study under Australian law
Medicare Eligible to enrol
Travel facility Multiple travel for five years
Citizenship May apply if eligible
Family sponsorship Can sponsor relatives
Visa record Digitally linked to passport
Application method Paper application by post/courier
Processing Guide tool only
Visa label No passport label

Purpose

The Orphan Relative visa lets a single child already in Australia stay permanently with an eligible relative where both parents are deceased, permanently unable to care for the child, or cannot be found.

Eligibility

The child must:

  • Be under 18 when applying.
  • Be single.
  • Be in Australia, but not in immigration clearance, when applying and when the decision is made.
  • Have no parent capable of caring for them because both parents are:
    • deceased;
    • permanently incapable of caring for them; or
    • unable to be found.
  • Have an approved sponsor who is an eligible:
    • sibling or step-sibling;
    • grandparent or step-grandparent;
    • aunt, uncle, step-aunt or step-uncle.
  • Have a sponsor who is a settled Australian citizen, eligible New Zealand citizen, or Australian permanent resident.
  • Meet health requirements, including for dependent children applying with the child.
  • Meet character requirements if aged 16 or older.
  • Have repaid Australian Government debts, or have a formal repayment arrangement.
  • Have written migration consent from everyone legally entitled to decide where the child lives, unless an applicable court order or home-country law applies.

The Department must approve the sponsorship before granting the visa.

A sponsorship and visa application will be refused if the sponsor, or their spouse or de facto partner, has a pending registrable offence charge. Sponsorship may only be approved in very limited circumstances where they have a registrable offence conviction.

The visa will not be granted where parents can care for the child but do not want to.

The Department may refuse the visa if it is not in the best interests of an applicant under 18.

Visa status limits

The child might not be eligible if they:

  • Do not hold a substantive visa;
  • Did not apply within 12 months of their previous substantive visa ceasing; or
  • Hold or last held a subclass 771 Transit visa.

A no further stay condition on another visa prevents a valid application.

Previous visa refusals or cancellations may affect eligibility.

Stay and Rights

This is a permanent visa. The child can remain in Australia indefinitely and becomes a permanent resident on the grant date for citizenship purposes.

The child can:

  • Work and study in Australia under Australian law.
  • Enrol in Medicare.
  • Sponsor relatives to come to Australia.
  • Attend free Adult Migrant English Program classes, if eligible.
  • Apply for Australian citizenship, if eligible.
  • Receive Australian workplace-law protections.

A sponsor cannot cancel the visa, withdraw sponsorship, or otherwise influence the child’s Australian residency status.

Family Provisions

Each sibling who wants this visa must make a separate application.

The child’s dependent children can be included when applying or any time before a decision is made. They must meet health requirements.

Dependent children cannot be added after a decision is made.

Cost

The main applicant charge is AUD2,475. Additional charges apply for each dependent child included in the application.

Other possible costs include:

  • Health examinations;
  • Police certificates; and
  • Biometrics.

From 1 July 2026, eligible Pacific Island and Timor-Leste citizens who lodge a valid application receive a lower visa charge. The primary applicant must hold a valid passport from:

  • Federated States of Micronesia
  • Fiji
  • Kiribati
  • Nauru
  • Palau
  • Papua New Guinea
  • Republic of the Marshall Islands
  • Samoa
  • Solomon Islands
  • Timor-Leste
  • Tonga
  • Tuvalu
  • Vanuatu

Included family members are assessed using the primary applicant’s passport eligibility.

Processing

Use the visa processing time guide for recently decided applications. Times are indicative only.

Processing may take longer if the application is incomplete, documents are missing, information requires verification, or the full charge is not paid at lodgement.

The Department cannot process an application unless the correct visa application charge is paid. An acknowledgement and any bridging-visa advice should generally be received about one month after lodgement.

Documents

Provide accurate information and supporting documents.

Key documents include:

  • Current passport identity pages.
  • National identity card, if held.
  • Change-of-name evidence, if applicable.
  • Certified copies of passports or travel documents used to enter Australia.
  • Four recent passport photos for each applicant.
  • Evidence that no parent can care for the child:
    • death certificates;
    • medical evidence of incapacity; or
    • evidence of missing parents and efforts to locate them.
  • Evidence of the child’s relationship to the sponsor, such as birth, marriage, adoption, family-status or family-book records.
  • Consent documents for applicants under 18, including:
    • Form 1229, or
    • a statutory declaration of consent;
    • or an applicable Australian court order or home-country legal evidence.
  • Identity evidence for each person giving consent.

Applicants aged 16 or over must provide:

  • Police certificates for every country where they spent 12 months or more in the past 10 years since turning 16.
  • Form 80 Personal particulars for assessment including character assessment.
  • Military service records or discharge papers, if applicable.

For Australian police certificates, use an Australian Federal Police National Police Certificate under Code 33 – Immigration/Citizenship. Police certificates are valid for 12 months from issue.

For each dependent child under 18 included in the application, provide identity, relationship and applicable character documents.

Translation and certification

  • Translate all non-English documents into English.
  • Include both original and translated documents.
  • Australian translators must be NAATI accredited.
  • Send original police certificates.
  • Send certified copies of all other documents, including translations.

How to Apply

The application must be made on paper.

  1. Complete:
    • Form 47CH — Application for migration to Australia by a child.
    • Form 40CH — Sponsorship for a child to migrate to Australia.
  2. Pay the application charge before posting.
  3. Include payment evidence and supporting documents.
  4. Post or courier the application to the Child and Other Family Processing Centre in Perth.

Post

Department of Home Affairs
Child and Other Family Processing Centre
Locked Bag 7
NORTHBRIDGE WA 6865

Courier

Department of Home Affairs
Child and Other Family Processing Centre
Wellington Central
836 Wellington Street
WEST PERTH WA 6005

Applications sent to another office, submitted another way, or lodged in person are not valid. Do not send original documents with the application, except original police certificates.

Forms must be completed in English.

After Applying

After receiving the acknowledgement letter, paper applications can be imported into ImmiAccount. This allows applicants to:

  • Attach documents;
  • View messages and application status;
  • Update details;
  • Apply for a bridging visa; and
  • Withdraw the application.

To import, enter the application ID, date of birth and identity document number.

The child must remain lawful in Australia while the application is processed. A bridging visa associated with the application starts if the child’s current visa expires before a decision.

Tell the Department about changes to:

  • Passport, address or contact details;
  • Name or relationship status;
  • Birth of a child;
  • Application errors; or
  • Withdrawal intentions.

Use Form 1023 to notify incorrect answers.

The Department may request health examinations, biometrics, or further information.

Travel While Applying

Tell the Department if the child plans to leave Australia while the application is being processed.

The child must be in Australia when the Department decides the application. If the child leaves Australia, they need a valid visa to return.

Travel After Grant

The child may travel to and from Australia as often as wanted for five years from visa grant, while the travel facility remains valid.

After the initial five-year travel facility ends, the child needs a Resident Return visa to return as a permanent resident, unless they have become an Australian citizen.

Check the travel-facility end date in VEVO.

Obligations

The child and any dependent children granted the visa must obey all Australian laws.

After grant, tell the Department about changes to the child’s:

  • Passport;
  • Name; or
  • Family circumstances, including a child’s birth.

Visa Record

The visa is digitally linked to the child’s passport. No visa label is issued.

If granted, the Department sends a grant notification letter with the visa grant number, visa start date and visa conditions.

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