Australia Orphan Relative (Subclass 117): Eligibility Criteria and Application Process

Overview of Australia Orphan Relative (Subclass 117) Visa

If you are an Australian citizen or permanent resident and have a relative who is an orphan, you may be able to sponsor them for an Orphan Relative Visa (Subclass 117). This visa allows the orphan relative to live permanently in Australia with their sponsor.

The Orphan Relative Visa (Subclass 117) is a permanent visa that allows the orphan relative to live, work, and study in Australia indefinitely. It also allows them to enroll in Australia’s public healthcare system, Medicare.

To be eligible for the Orphan Relative Visa (Subclass 117), the orphan relative must be under 18 years of age and not have any parents who are alive, or they must be over 18 years of age and not have any relatives who can take care of them in their home country. The sponsor must also be an Australian citizen or permanent resident who is at least 18 years of age and willing to provide financial support to the orphan relative.

The processing time for the Orphan Relative Visa (Subclass 117) is typically between 23 to 27 months, and the visa application fee is AUD 3,755. The orphan relative must also meet health and character requirements to be granted the visa.

If the orphan relative is granted the Orphan Relative Visa (Subclass 117), they can apply for Australian citizenship after four years of living in Australia.

To summarize, the Orphan Relative Visa (Subclass 117) is a permanent visa that allows orphan relatives of Australian citizens or permanent residents to live permanently in Australia with their sponsor. The visa has specific eligibility requirements, processing time, and application fees. If granted, the orphan relative can live, work, study, and enroll in Australia’s public healthcare system.

Eligibility Criteria

To be eligible for the Orphan Relative (subclass 117) visa in Australia, both the applicant and the sponsor must meet certain criteria. This section will outline the eligibility requirements for both parties.

Applicant’s Eligibility

As an applicant for the Orphan Relative (subclass 117) visa, you must meet the following eligibility requirements:

  • You must be under 18 years of age, single, and have no parents to care for you.
  • You must have an eligible sibling, parent, grandparent, aunt, uncle, niece, nephew, or step-equivalent who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
  • You must be in good health and meet the character requirements set by the Australian government.
  • If you are adopted, you must have been adopted before turning 18 years old and have lived with your adoptive parent for at least 12 months before applying.

Sponsor’s Eligibility

As a sponsor for the Orphan Relative (subclass 117) visa, you must meet the following eligibility requirements:

  • You must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
  • You must be an eligible relative of the applicant, as outlined above.
  • You must be willing and able to provide financial support for the applicant for at least the first two years of their stay in Australia.
  • You must meet the character requirements set by the Australian government.

It is important to note that the Orphan Relative (subclass 117) visa is only available to children who are younger than 18 years old and have no parents to care for them. If you are an adult relative of an Australian citizen or permanent resident, you may be eligible for other family visas.

Application Process

If you are an Australian citizen or a permanent resident, you may be eligible to sponsor a child under the Orphan Relative (subclass 117) visa. This visa allows eligible children to live in Australia indefinitely with their sponsoring relative.

To apply for the Orphan Relative (subclass 117) visa, you must first submit an application to the Department of Home Affairs. The application process involves several steps, including:

  1. Eligibility Criteria: Before you apply, you must ensure that you meet the eligibility criteria for the visa. This includes being an Australian citizen or permanent resident and being related to the child in one of the ways specified by the Department of Home Affairs.

  2. Sponsorship: As the sponsor, you must be willing to provide financial support and accommodation for the child for the first two years they are in Australia. You must also be willing to provide ongoing support and care for the child.

  3. Application Form: You must complete and submit the Orphan Relative (subclass 117) visa application form. The form requires you to provide personal information about yourself and the child, as well as information about your relationship with the child.

  4. Supporting Documents: You must provide supporting documents with your application, such as birth certificates, marriage certificates, and evidence of your Australian citizenship or permanent residency.

  5. Health and Character Requirements: The child must meet certain health and character requirements to be eligible for the visa. You must provide evidence that the child has undergone a medical examination and has obtained a police clearance certificate.

  6. Approval: If your application is approved, the child will be granted a visa to live in Australia indefinitely. The child will also be eligible to apply for Australian citizenship once they meet the eligibility criteria.

  7. Passport: Once the child has been granted the visa, they must obtain a passport from their country of origin before they can travel to Australia.

Overall, the application process for the Orphan Relative (subclass 117) visa can be complex and time-consuming. It is important to ensure that you meet all the eligibility criteria and provide all the necessary documents to avoid any delays or complications in the process.

Sponsorship Details

If you are an eligible sponsor, you can sponsor an orphan relative (subclass 117) for an Australian visa. As a sponsor, you must be an Australian citizen, a settled Australian citizen, or an Australian permanent resident. Additionally, you must be an eligible sibling, step-sibling, step-uncle, step-aunt, or step-grandparent of the orphan relative.

To be eligible as a sponsor, you must meet certain criteria. You must be at least 18 years old, living in Australia, and willing to provide financial and other support to the orphan relative. You must also meet character requirements and not have a criminal record.

As a sponsor, you will need to complete and submit the necessary sponsorship forms and provide supporting documentation. You will also need to provide an assurance of support, which is a legal undertaking to support the orphan relative financially for up to two years. This assurance of support is a legal requirement for the orphan relative to be granted a visa.

It is important to note that if you are an eligible New Zealand citizen, you can also sponsor an orphan relative (subclass 117) for an Australian visa. However, different eligibility criteria apply to eligible New Zealand citizens.

In summary, if you are an eligible sponsor, you can sponsor an orphan relative (subclass 117) for an Australian visa. You must meet certain criteria, provide an assurance of support, and complete the necessary sponsorship forms. If you are an eligible New Zealand citizen, different eligibility criteria apply.

Rights and Obligations

Rights of the Visa Holder

As a holder of the Australia Orphan Relative (subclass 117) visa, you have certain rights that allow you to live and work in Australia. You are entitled to work and study in Australia, enroll in Medicare, and travel in and out of Australia as many times as you want while the visa is valid. Additionally, you may be eligible to bring your dependent family members to Australia as well.

Obligations of the Sponsor

If you are sponsored by an eligible sponsor, they have certain obligations that they must fulfill. These obligations include providing you with adequate accommodation and financial support for the first two years of your stay in Australia. Your sponsor must also ensure that you have access to medical insurance, and that you have the opportunity to attend English language classes if needed.

As a visa holder, you are also required to comply with certain obligations. You must not engage in any illegal activities, and you must not work or study in Australia unless you have the appropriate authorization. Additionally, you must meet any conditions that are attached to your visa, such as maintaining adequate health insurance coverage.

It is important to note that your rights and obligations may vary depending on your individual circumstances. For more information on your specific rights and obligations, please refer to the Department of Home Affairs website or consult with a registered migration agent.

Parental Situation Requirements

If you are applying for an Australia Orphan Relative (subclass 117) visa, you must meet certain parental situation requirements. These requirements determine whether you are eligible for the visa.

In general, the subclass 117 visa is for children who are outside Australia and whose parents are either deceased, permanently incapable of caring for them, or cannot be found. The child must be sponsored by a relative who is an eligible sponsor and is an Australian citizen, permanent resident, or eligible New Zealand citizen.

To be eligible for the subclass 117 visa, you must meet one of the following parental situation requirements:

  • Both parents are deceased
  • One parent is deceased and the other is permanently incapable of caring for the child
  • Both parents are permanently incapable of caring for the child
  • Both parents’ whereabouts are unknown and they cannot be found
  • One parent is permanently incapable of caring for the child and the other’s whereabouts are unknown and they cannot be found

If the child is under 18 years of age, they must not be married, engaged to be married, or in a de facto relationship. They must also not have a spouse or de facto partner.

In addition to meeting the parental situation requirements, you must also meet other eligibility criteria for the subclass 117 visa. These include health and character requirements, as well as meeting the definition of an orphan relative.

If you meet the parental situation requirements and other eligibility criteria, you may be eligible for the subclass 117 visa. This visa allows you to live in Australia permanently and study and work in Australia. You may also be eligible to apply for Australian citizenship in the future.

Note that meeting the parental situation requirements does not guarantee that you will be granted the subclass 117 visa. The Department of Home Affairs will assess your application and make a decision based on your individual circumstances.

Additional Information

Cost and Processing Time

The cost for the Orphan Relative (subclass 117) visa application is AUD 2,755. This fee is non-refundable and must be paid in full at the time of application. The processing time for this visa can vary depending on various factors such as the completeness of the application, the accuracy of the information provided, and the number of applications received by the Department of Home Affairs. However, the processing time for this visa can take up to 20 months.

Role of Migration Agent

If you are not confident with the visa application process or if you are not familiar with the Australian immigration laws, you can seek the assistance of a registered migration agent. A migration agent can help you with the visa application process, provide you with advice on your eligibility for the visa, and help you understand the requirements for the visa. A migration agent can also help you prepare and submit your visa application to the Department of Home Affairs.

It is important to note that migration agents are not employees of the Department of Home Affairs and cannot guarantee the success of your visa application. However, they can provide you with professional advice and guidance throughout the visa application process.

In conclusion, applying for the Orphan Relative (subclass 117) visa requires careful planning and preparation. It is important to understand the requirements for the visa and to ensure that your application is complete and accurate. Seeking the assistance of a registered migration agent can help you navigate the visa application process and increase your chances of success.

Case of Family Members

If you are an Australian citizen, permanent resident, or an eligible New Zealand citizen and have a relative who is an orphan, you may be able to sponsor them to come and live in Australia under the Orphan Relative (subclass 117) visa. This visa allows a child or young person who is under 18 years of age and is an orphan to live with their sponsoring relative in Australia.

The Orphan Relative (subclass 117) visa allows for the sponsorship of a child or young person who is a relative, sibling, uncle, aunt, grandparent, or any other family member. However, the sponsor must be an eligible sponsor and meet the requirements set by the Australian government.

To be eligible for the Orphan Relative (subclass 117) visa, the applicant must be under 18 years of age and must be an orphan. An orphan is defined as a child who has lost both parents, or a child who has lost one parent and the surviving parent is unable to care for them. The applicant must also be sponsored by an eligible sponsor who is an Australian citizen, permanent resident, or an eligible New Zealand citizen.

The sponsor must be able to provide adequate accommodation, financial support, and care for the applicant. You must also meet the character requirements set by the Australian government. Additionally, the sponsor must be willing to provide ongoing support and care for the applicant.

If you are considering sponsoring a family member under the Orphan Relative (subclass 117) visa, it is important to understand the requirements and obligations of being a sponsor. You will be responsible for the applicant’s welfare and wellbeing while they are in Australia. You must provide ongoing support and care for the applicant until they turn 18 years of age or become self-sufficient.

In conclusion, the Orphan Relative (subclass 117) visa allows for the sponsorship of a child or young person who is an orphan and is related to an eligible sponsor. The sponsor must be able to provide adequate accommodation, financial support, and care for the applicant. If you are considering sponsoring a family member under this visa, it is important to understand the requirements and obligations of being a sponsor.

If you are considering applying for the Australia Orphan Relative (subclass 117) visa, there are several legal considerations you should be aware of. These include consent, character tests, Australian child order, court, and written consent.

For a child to be eligible for the Orphan Relative visa, you must have the written consent of their legal guardian or parent. This consent must be provided before the child’s visa application is submitted.

Character Tests

All applicants for the Orphan Relative visa must pass the character test. This test is designed to ensure that the applicant is of good character and does not pose a risk to the Australian community. If you have a criminal record, it may impact your ability to pass the character test.

Australian Child Order

If you are applying for the Orphan Relative visa for a child who is already in Australia, you must have an Australian child order in place. This order establishes the legal relationship between you and the child and ensures that the child is under your legal guardianship.

Court

If you are seeking to adopt a child in Australia, you may need to go through the court system. The court will review your application and determine whether you are suitable to be the child’s legal guardian.

In addition to the written consent of the child’s legal guardian or parent, you may also need to obtain written consent from other parties. For example, if the child is in the care of a government agency, you may need their written consent to apply for the Orphan Relative visa.

Overall, the legal considerations surrounding the Australia Orphan Relative (subclass 117) visa are complex. It is important that you seek professional legal advice before applying for this visa to ensure that you meet all of the requirements and that your application is successful.

Post Visa Grant Considerations

Once you have been granted an Australia Orphan Relative (subclass 117) visa, there are a few post-visa grant considerations that you need to keep in mind. These considerations are important to ensure that you can successfully settle in Australia and make the most of your new life in the country.

Permanent Residency

One of the most important post-visa grant considerations is obtaining permanent residency. The subclass 117 visa is a temporary visa, and you will need to apply for permanent residency if you wish to stay in Australia permanently. You can apply for permanent residency after you have lived in Australia for two years on your subclass 117 visa.

Citizenship

If you wish to become an Australian citizen, you will need to meet certain eligibility criteria. These criteria include being a permanent resident, being of good character, and passing a citizenship test. Once you have met these criteria, you can apply for Australian citizenship.

Proving Your Identity

It is important to ensure that you have the necessary documents to prove your identity when you arrive in Australia. This includes your passport, birth certificate, and any other relevant documents. You will need these documents when you apply for a tax file number, a bank account, and other services in Australia.

Land and Sea Arrivals

If you arrive in Australia by land or sea, you will need to go through additional immigration processes. This includes completing an immigration clearance process and providing additional documentation. You will also need to declare any goods that you are bringing into the country.

Migrating from Your Home Country

If you are migrating from your home country, you will need to make sure that you have all the necessary documents and information before you leave. This includes your passport, visa, and any other relevant documents. You should also research the job market in Australia and make sure that you have the necessary skills and qualifications to find work in your chosen field.

Overall, obtaining an Australia Orphan Relative (subclass 117) visa is an important step in your migration journey. By keeping these post-visa grant considerations in mind, you can ensure that you have a successful settlement in Australia and make the most of your new life in the country.

Frequently Asked Questions

Who are eligible relatives for permanent residence in Australia?

If you are an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be able to sponsor your relative for an Australian visa. The eligible relatives include spouses, de facto partners, children, parents, and siblings. Additionally, if you are an “orphan relative,” you may be eligible for a subclass 117 visa.

What is a subclass 115 remaining relative visa?

The subclass 115 visa is a permanent visa that allows people to join their remaining family members in Australia. To be eligible for this visa, you must have no close family members outside Australia and no near relatives in your home country. You must also have a relative in Australia who is an Australian citizen, permanent resident, or eligible New Zealand citizen, and is your only near relative.

What is a subclass 835 remaining relative visa?

The subclass 835 visa is a temporary visa that allows people to join their remaining family members in Australia. To be eligible for this visa, you must have no close family members outside Australia and no near relatives in your home country. You must also have a relative in Australia who is an Australian citizen, permanent resident, or eligible New Zealand citizen, and is your only near relative.

How can I sponsor a sibling for migration to Australia?

If you are an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be able to sponsor your sibling for an Australian visa. However, the process can be complicated and time-consuming. You and your sibling must meet certain eligibility criteria, and you will need to provide extensive documentation to support your application.

What are the requirements for a family visa in Australia?

To be eligible for a family visa in Australia, you must have a relative who is an Australian citizen, permanent resident, or eligible New Zealand citizen, and who is willing to sponsor you. You must also meet certain health and character requirements, and you may need to provide evidence of your relationship with your sponsor.

What is the process for applying for an Australian visa?

The process for applying for an Australian visa can be complex and time-consuming. You will need to determine which visa you are eligible for, gather the necessary documentation, and submit your application online. The processing time for your visa application will depend on the type of visa you are applying for and the complexity of your case. It is important to seek professional advice and assistance to ensure that your application is complete and accurate.

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