Orphan Relative Visa Subclass 837

Orphan Relative Visa Subclass 837 :What this Orphan Relative visa lets you do

This is a permanent residence visa. It allows the child to:

• stay in Australia indefinitely
• work and study in Australia
• enrol in Medicare, Australia’s scheme for health-related care and expenses
• apply for Australian citizenship (if they are eligible)
• sponsor eligible relatives for permanent residence
• travel to and from Australia for five years from the date the visa is granted — after that time they will need another visa to enter Australia.

Orphan Relative Visa Subclass 837 : Cost

The visa application charges are listed in Fees and charges.

Other costs

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.

Orphan Relative Visa Subclass 837 : Who could get this Orphan Relative visa

To apply for this Orphan Relative visa, a child must:

• be in Australia
• be younger than 18 years’ old
• be sponsored by their relative who is:

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

• not be married or in a de-facto relationship
• be in situation where their parents are unable to care for them
• meet health and character requirements.

The child’s parents

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:

• are dead
• are incapable of caring for the child
• cannot be found.

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.

Parental responsibility

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:

• you have the written consent of each person who can legally decide where the child lives
• the laws of the child’s home country  permit the removal of the child
• it is consistent with any Australian child order.

The documents checklist lists you the documents you must provide with your application to support this claim.

Best interests of the child

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.

Orphan Relative Visa Subclass 837 : Assurance of support

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.

When a child might not be eligible for this Orphan Relative visa

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:

• do not currently hold a substantive visa
• have not applied for the child to get an Orphan Relative visa within twelve months of their previous substantive visa ceasing.

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.

Health requirements

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.

Character requirements

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.

Orphan Relative Visa Subclass 837 : Debts to the Australian Government

The child must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government.

Provide biometrics

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.

Orphan Relative Visa Subclass 837 : Including family in the application

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.

Orphan Relative Visa Subclass 837 : How to apply

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.

Prepare your documents

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.

Orphan Relative Visa Subclass 837 : Lodge the application

Complete and lodge two forms.

The child or their sponsor should complete:

• Form 47CH  Application for migration to Australia by a child(333 kB PDF).

Sponsors should complete:

• Form 40CH Sponsorship for a child to migrate to Australia(297 kB PDF).

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).

Orphan Relative Visa Subclass 837 : More information

Please refer to  preparing your application, for information on:

• certifying and translating documents into English
• communicating with the department of immigration and border protection
• using a migration agent
• authorising another person to receive information from the department of immigration and border protection
• receiving assistance with your application. ​​

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.

Wait for a decision

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.

Orphan Relative Visa Subclass 837 : Provide more information

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:

• Form 1023 –  Notification of incorrect answer(s) (99KB PDF)

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.

Orphan Relative Visa Subclass 837 : Report changes in circumstances

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:

• Form 929 – Change of address and/or passport details (86KB PDF)– if you move to a new address or change your passport
• Form 1022 – Notification of changes in circumstances (77KB PDF)– if there are other changes in your circumstances.

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. ​​

Orphan Relative Visa Subclass 837 : Withdrawing your application

​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:

• when you can use the visa
• the visa grant number
• any conditions attached to the visa. ​

If the visa is not granted, the department of immigration and border protection will let you know:

• why the visa was refused
• your review rights (if any). Where applicable, your sponsor can apply for the decision to be reviewed
• the time limit for lodging an  appeal.

Orphan Relative Visa Subclass 837 : Document checklist

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.

Forms

• Complete the application forms and lodge them together:

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)  .

Receiving assistance

• If someone gives you advice or lodges your application for you:

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).

• If you would like someone else  to receive correspondence from the department of immigration and border protection on your behalf:

o       Form 956a Appointment or withdrawal of an authorised recipient (116KB PDF)  (the recipient completes the form and you must sign it).

Charges

• Pay the visa application charge.

Character requirements

• Police checks for everyone included in the visa application who is 16 years of age or older:

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.

Orphan Relative Visa Subclass 837 : Documents for the child

• Two recent passport-sized photographs (45 mm x 35 mm) of the child (four photos if health examinations have not been completed).

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.

• Certified copy of the child’s birth registration showing both parents’ names. If you cannot get this document, provide a certified copy of the identification pages of at least one of the following documents:

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.

• If the child’s name has changed or the name of anyone included in the child’s application has changed: a certified copy of evidence of the name change.
• Documents to show the child’s relationship to the sponsor, such as a birth certificate of child’s natural or adoptive parents and the sponsor’s birth certificate that indicates sibling relationship.
• If one or both parents are dead, a death certificate, other official document, or another document to verify this.
• If one or both parents’ whereabouts are unknown, evidence of how long they have been missing and what efforts have been made to contact or find them.
• If one or both parents are permanently incapacitated, evidence showing why they are unable to care for the child. For example, if a parent has a physical or mental illness that stops them from being able to care for the child, provide a medical report to verify this.
• if anyone included in the application has served in the armed forces of any country: certified copies of their military service record or discharge papers.

Documents for the sponsor

• Evidence that the sponsor has the legal right to decide where the child is to  live, such as:

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.

• Evidence that the sponsor is a settled  Australian citizen,  Australian permanent resident, or eligible New Zealand citizen. Evidence can include a certified copy of:

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.

• If the sponsor has paid child support or given an assurance of support for anyone else, the sponsor must provide a statement that shows:

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.

Orphan Relative Visa Subclass 837 : What this Orphan Relative visa lets you do

This is a permanent residence visa. It allows the child to:

• stay in Australia indefinitely
• work and study in Australia
• enrol in Medicare, Australia’s scheme for health-related care and expenses
• apply for Australian citizenship (if they are eligible)
• sponsor eligible relatives for permanent residence
• travel to and from Australia for five years from the date the visa is granted — after that time they will need another visa to enter Australia.

Orphan Relative Visa Subclass 837 : The child’s obligations

The child must comply with all Australian laws.

Orphan Relative Visa Subclass 837 : Report changes in circumstances

Tell the department of immigration and border protection if your circumstances or the child’s circumstances change. Use the following forms:

• Form 929 Change of address and/or passport details  (86  kB PDF) – if either of you moves to a new address or change your passport
• Form 1022  Notification of changes in circumstances  (77  kB PDF) – if there are other changes in your circumstances.

Orphan Relative Visa Subclass 837 : Who can sponsor a child

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:

• be the brother, sister, grandparent, aunt, uncle, or step-equivalent of the child
• have turned 18 years of age
• usually live in Australia and have done so for a reasonable period
• be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen

A sponsor who is an eligible New Zealand citizen must also meet health requirements.

Parental responsibility

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:

• you have the written consent of each person who can legally decide where the child lives
• the laws of the child’s home country  permit the removal of the child
• it is consistent with any Australian child order.

The documents checklist lists you the documents you must provide with your application to support this claim.

Orphan Relative Visa Subclass 837 : Best interests of the child

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.

Character requirements

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.

Orphan Relative Visa Subclass 837 : Sponsor obligations

As the sponsoring relative you must:

• be responsible for the cost to the Australian Government of the child living in Australia
• provide adequate accommodation and enough financial support to meet the child’s reasonable living needs for the child’s first two years in Australia
• help the child settle in Australia
• support the child to attend any required English language classes.

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.

Assurance of support

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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