SUBCLASS 837

Orphan Relative Visa (Subclass 837)

Table of Contents

This visa allows a child who is already in Australia to live with relatives if their parents cannot care for them.

This visa lets a child who is single and already in Australia stay with a relative if their parents are deceased, can’t care for them or can’t be found.

This visa grants the child the following privileges:

  1. To stay in Australia indefinitely.
  2. To work and study in Australia.
  3. To enrol in Medicare, Australia’s public healthcare scheme.
  4. To sponsor relatives to come to Australia.
  5. To travel to and from Australia for 5 years.
  6. To apply for Australian citizenship, if eligible.

Eligibility Criteria

You can apply for this visa if the child meets the following criteria:

  1. The child must be sponsored by an eligible sibling or step-sibling, grandparent or step-grandparent, aunt, uncle, step-aunt or step-uncle. Sponsorship approval is subject to considerations regarding the parent's criminal history related to offences involving children.
  2. The child must be under 18 years old when they apply for the visa.
  3. The child must have no parent available to provide care. This situation could arise if both parents:
    • Are deceased.
    • Are permanently incapable of caring for the child.
    • Cannot be located. The visa will not be granted if the child's parents are capable of care but unwilling to do so.
  4. The child must currently hold a substantive visa and apply for an Orphan Relative visa within 12 months of the previous substantive visa ceasing. They must not have held or be holding a subclass 771 Transit visa as their substantive visa.
  5. For children under 18, written consent or legal considerations must align with Australian child order laws.
  6. The child and any dependants applying with them must meet the health requirement. Dependent children not applying might also need to meet the health requirement.
  7. If the child is 16 or older, they must meet the character requirement. Other family members might also need to meet this requirement.
  8. Have paid back any debts owed to the Australian Government or have a formal arrangement in place.
  9. The child’s immigration history is considered, and they may be ineligible if they had a visa cancelled or a previous application refused.
  10. The visa may not be granted if it is not in the best interests of an applicant aged under 18.

Including Other Children

If the child has other siblings eligible for this visa, each sibling needs to apply separately.

  1. You can include your dependent children on your application when applying or before the decision is made.
  2. Dependent children applying must meet the health requirements.
  3. Family members not coming to Australia might also need to meet the health requirements.

Contact Us

For those considering our services, we provide an initial meeting. In this session, we will simplify the legal aspects of the visa, explain the process ahead, and address any questions you may have.

To set up an initial discussion with us, please reach out to one of our experienced immigration lawyers at (02) 9590 3987.

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