Orphan Relative Onshore (Permanent) Visa (subclass 837)
The Subclass 837 Orphan Relative Visa is a permanent visa designed for children who are already in Australia but cannot live with their parents because their parents are either deceased, unable to care for them due to serious circumstances, or their whereabouts are unknown.
This visa allows a close relative who is an Australian citizen, permanent resident, or eligible New Zealand citizen to sponsor the child. It provides the child with a way to stay in Australia permanently and live with a relative who can provide care and support when their parents are not available.
Benefits of the Subclass 837 Visa
Permanent Residency
The child os granted permanent residency, allowing them to live, work. and study in Australia indefinitely
Sponsor Relatives
Sponsor eligible family members to come to Australia
Work and Study Rights
This visa will allow the child to work and study in Australia without restrictions.
Travel Rights
Travel in and out of Australia for the first 5 years upon visa approval
Healthcare Scheme
Gain access to Australia’s public health care Scheme - Medicare
Citizenship Pathway
After meeting residency requirements, visa holders can apply for Australian citizenship
Subclass 837 Visa
MAIN REQUIREMENTS
To be eligible for the Subclass 837 Orphan Relative Visa, the following criteria must be met:
Sponsorship
The child's sponsoring parent must be either an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
Parental Care
The child must prove that his/her parents are either:
- Deceased
- Permanently incapable of caring for the child
- Whereabouts are unknown
Consent to Migrate
For children under 18:
- Written consent is needed from everyone with legal rights over where the child lives.
- The home country's laws must allow the child to leave.
- It must follow any Australian court orders about the child.
Visa Holder
A child may not get this visa if:
- They don’t currently hold a substantive visa.
- They didn’t apply within 12 months of their last substantive visa ending.
- Their last or current visa is a Subclass 771 Transit visa.
Current Location Requirement
The child must be in Australia at the time of the visa application and while the visa is being processed.
Health and Character Requirement
The child must meet Australia's health and character requirements.
Age
The child must be under 18 years old, or between 18 and 25 if financially dependent on the parent, or over 18 years old with a disability that prevents them from working.
Steps to apply for the Subclass 837 Visa
Ensure Eligibility
Verify that the child meet the basic requirements
1
Gather Documents
Gather all necessary documents, including proof of relationship, parental responsibility, health checks, and other identification documents.
2
Submit Application
Lodge the visa application online or by post while the child is in Australia.
3
Health and Character Checks
Complete mandatory health examinations and character checks, including police clearances.
4
Visa Decision
Stay in Australia on a bridging visa if the child’s current visa expires before a decision is made on the Subclass 837 visa.
5
Visa Grant
If approved, the child will receive permanent residency and can live in Australia indefinitely.
6
Current Processing Time: Subclass 837 Visa
When it comes to the processing timeline, several factors can impact your application. These include the quality of submitted documents and the volume of applications received by the Department.
| 50% applications are processed in | 90% applications are processed in |
|---|---|
| N/A | N/A |
Frequently
Asked
Questions
-
Eligible sponsors include relatives such as siblings, grandparents, aunts, uncles, or other close family members who are Australian citizens, permanent residents, or eligible New Zealand citizens.
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Yes, the child must be in Australia when the application is lodged and when the visa decision is made.
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If the parents are unable to care for the child due to illness or other incapacitating factors, the child may still be eligible for the visa.
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Yes, once the child has lived in Australia for a specified period as a permanent resident, they can apply for Australian citizenship.
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Yes, the child must be under 18 years of age at the time of the application.