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Orphan Relative Visa Subclass 837 :What this Orphan Relative visa lets you do
This is a permanent residence visa. It allows the child to:
The visa application charges are listed in Fees and charges.
You might have to pay other costs, such as the costs of health assessments, police certificates, or any other certificates or tests. You are responsible for making the necessary arrangements.
To apply for this Orphan Relative visa, a child must:
o the brother, sister, grandparent, aunt, uncle or step-equivalent of the child
o older than 18 years of age
o an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen
A child is eligible for this Orphan Relative visa if their parents are not able to care for them. This could be because the parents:
A child cannot apply for this Orphan Relative visa if their parents could care for them but do not want to.
If the parents cannot be found, the application will need to show how long they have been missing and what has been done to try to find them.
This Orphan Relative visa can be granted only if you can show one of the following for a child younger than 18 years of age:
The documents checklist lists you the documents you must provide with your application to support this claim.
This Orphan Relative visa will not usually be granted if it is against the best interests of a child younger than 18 years of age.
Measures for the Protection of Children has more information.
The department of immigration and border protection might ask for an assurance of support for the child so that welfare costs for some migrants are not borne by the Australian community.
Do not provide an assurance of support unless the department of immigration and border protection ask for one and tell you what you need to do.
A child might not be able to apply for this Orphan Relative visa if they are already in Australia and either they or their sponsoring relative:
If this case, contact the department of immigration and border protection Perth office in Western Australia – attention Child and Other Family Processing Centre – before lodging an application.
Email enquiry form: Child and Other Family Processing Centre Enquiry Form
A child whose parents simply do not want to care for the child cannot apply for this Orphan Relative visa. The parents must be genuinely unable to care for the child because they are dead, incapacitated or missing.
The child must meet certain health requirements. The results are usually valid for 12 months. This also applies to any member of your family unit included in your application, whether they are migrating or not.
A child older than 16 years of age must meet certain character requirements. They must be prepared to provide a police certificate from each country they have lived in for 12 months or more during the past 10 years after they turned 16 years of age. Do not arrange for police certificates until the department of immigration and border protection ask you to.
This applies to the child and any member of the family unit listed in the application, whether they are migrating or not.
The child must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government.
The child might be asked to provide biometrics (a scientific form of identification) as part of the application. Countries and visa subclasses included in the biometrics program has more information.
You might be able to include your child in the visa application.
Any children included in the visa application must meet the requirements for including family members in your application.
The application must include documentary evidence of their relationship to you.
Children who are included as members of your family unit must be able to show that they meet health and character requirements.
Your siblings will need to lodge their own application.
This information explains what you need to do to apply for an Orphan Relative visa (subclass 837).
It is usually the sponsoring relative who prepares the relevant documents and lodges the application. The child must be in Australia when the application is lodged and when the application is decided.
You need to provide documents to prove the claims you make in the application. The documents are listed in the Document checklist.
Some documents could take some time to obtain. You should have them ready when you lodge the application to reduce any delays in processing.
Complete and lodge two forms.
The child or their sponsor should complete:
Sponsors should complete:
You cannot lodge this application in person. You must lodge your application by post or courier to the Perth office in Western Australia – attention Child and Other Family Processing Centre.
The forms must be completed in English. Provide all relevant documents and pay the visa application charge when you apply. You can pay by credit card, bank cheque or money order made payable to the Department of Home Affairs (www.homeaffairs.gov.au).
Please refer to preparing your application, for information on:
After you have applied
After you have lodged your application and documents, the department of immigration and border protection will acknowledge that they have received your information.
The department of immigration and border protection have visa processing time service standards for each visa.
Your application could take longer if the child needs character or health checks (including x-rays), you need to provide more information, or the application is incomplete.
If you apply for this Orphan Relative visa while the child is in Australia, they might be able to get a Bridging visa that allows them to stay in the country lawfully while the application is processed. If the child is given a Bridging visa A, they should apply for a Bridging visa B (BVB) if they want to travel outside Australia while they wait for a decision.
You can provide more information to the department of immigration and border protection, at any time until a decision is made on the application. If you want to correct information you provided, use:
The department of immigration and border protection could also ask you for more information. You will have to respond by a set date. After that date, they can make a decision about your application using the information that they have.
If another person gives the department of immigration and border protection information that could result in you being refused a visa, the department of immigration and border protection will usually give you the opportunity to comment on the information.
You might also be interviewed. If you are asked to attend an interview in person, bring your passport or other identification and any requested documents to the interview.
You must tell the department of immigration and border protection if your circumstances change. This includes a new residential address, a new passport, or a pregnancy, birth, divorce, separation, marriage, de facto relationship or death in your family.
Please report changes in your circumstances via ImmiAccount. If you are not able to use ImmiAccount, you can use the following forms:
If you do not provide the department of immigration and border protection with the details of any new passport issued to you, you could experience significant delays at the airport and may be denied permission to board your plane. ​​
​You can withdraw the application at any time before the department of immigration and border protection make a decision about it. To do this, send the department of immigration and border protection a letter or email to ask for the withdrawal. Your request must include your full name and date of birth. You should also include your file reference number, client ID, or a Transaction Reference Number.
​​​All applicants 18 years of age or older, wishing to withdraw, must sign the request for withdrawal. ​​​​
Visa decision
If the visa is granted, the department of immigration and border protection will let you know:
If the visa is not granted, the department of immigration and border protection will let you know:
You need to provide documents to support your application for this Orphan Relative visa. The department of immigration and border protection can make a decision using the information you provide when you lodge your application. It is in your interest to provide as much information as possible with your application.
Provide certified copies of original documents. Do not include original documents unless the department of immigration and border protection specifically ask for them. Police certificates should be original documents. Documents not in English must be accompanied by accredited English translations.
Use this checklist to make sure your application is complete.
o Form 40CH Sponsorship for a child to migrate to Australia (290 kB PDF)
o Form 47CH Application for migration to Australia by a child (330 kB PDF) .
o Form 956 Advice by a migration agent/exempt person of providing immigration assistance (133KB PDF) (the agent or exempt person completes the form and you must sign it).
o Form 956a Appointment or withdrawal of an authorised recipient (116KB PDF) (the recipient completes the form and you must sign it).
o an Australian National Police Check for anyone who has spent a cumulative total of 12 months or more in Australia since turning 16 years of age
o police certificates from each country in which anyone in your application has spent a cumulative total of 12 months or more in the past 10 years since turning 16 years of age.
Provide the original certificates and keep a copy for yourself.
o These photographs should be of the head and shoulders only against a plain background.
o Print the name of the child on the back of each photograph.
o passport
o family book showing both parents’ names
o identification document issued by the government
o document issued by a court that verifies the child’s identity.
o certified copies of official legal documents, such as a court-issued custody, access or guardianship order
o a statutory declaration from each person with a legal responsibility to the child stating that they have no objection to the child’s migration
o Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years (125 kB PDF). If you use Form 1229 or a statutory declaration, you will have to attach a certified copy of the other parent’s government-issued identification document (such as a passport or drivers licence) with their photograph and signature.
o a birth certificate
o an Australian passport or foreign passport containing evidence of permanent residence
o an Australian citizenship certificate
o for New Zealand citizens, evidence of length of residence in Australia and of continuing links with Australia.
o the sponsor’s relationship with that other person or those people
o the dates of lodgement of any sponsorship or nominations (including any current sponsorship) or assurances of support
o the amount and frequency of child support payments.
This is a permanent residence visa. It allows the child to:
The child must comply with all Australian laws.
Tell the department of immigration and border protection if your circumstances or the child’s circumstances change. Use the following forms:
You can sponsor a child for this Orphan Relative visa if you are the child’s relative and the parents are dead, permanently incapacitated or cannot be located.
You can complete the visa application forms. You can include more than one child on the same application form.
To be a sponsor, you must:
A sponsor who is an eligible New Zealand citizen must also meet health requirements.
This Orphan Relative visa can be granted only if you can show one of the following for a child younger than 18 years of age:
The documents checklist lists you the documents you must provide with your application to support this claim.
This Orphan Relative visa will not usually be granted if it is against the best interests of a child younger than 18 years of age.
Measures for the Protection of Children has more information.
You must meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until the department of immigration and border protection ask you to.
As the sponsoring relative you must:
You must tell the department of immigration and border protection in writing if the child’s circumstances change in a way that could affect their eligibility for a visa, or your eligibility to sponsor the child.
Other obligations apply if you have agreed to provide an assurance of support for the child.
The department of immigration and border protection might ask for an assurance of support for the child so that welfare costs for some migrants are not borne by the Australian community.
Do not provide an assurance of support unless the department of immigration and border protection ask for one and tell you what you need to do.
Source: The Australian Department of Home Affairs (www.homeaffairs.gov.au). Please visit www.border.gov.au to get updated information.
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