Australia Orphan Relative (Subclass 837) Visa: Eligibility Requirements and Application Process

Overview of Australia Orphan Relative Visa (Subclass 837)

If you are an Australian citizen, an eligible New Zealand citizen, or an Australian permanent resident, you may be able to sponsor a relative to come to Australia on an Orphan Relative Visa (Subclass 837). This visa is designed for children who are under 18 years of age and who have no parents to care for them.

To be eligible for this visa, the child must be your relative and must be living outside Australia. The child must also be an orphan, which means their parents are either dead, permanently incapacitated, or their whereabouts are unknown.

To apply for the visa, you must complete the visa application form and provide supporting documentation that shows your relationship to the child, the child’s identity, and the child’s current living arrangements. You must also provide evidence that you can provide adequate accommodation, financial support, and care for the child.

Once the visa is granted, the child can travel to Australia and live with you as their guardian. The child can also study and work in Australia. After two years, the child may be eligible to apply for permanent residency in Australia.

It is important to note that the Orphan Relative Visa (Subclass 837) is subject to a cap and queue system. This means that there are limited places available for this visa, and applications are processed in the order they are received. As a result, the processing time for this visa can be lengthy.

In summary, the Orphan Relative Visa (Subclass 837) is a visa designed for Australian citizens, eligible New Zealand citizens, and Australian permanent residents who wish to sponsor a relative who is an orphan and under 18 years of age to come to Australia. The visa application process is rigorous, and there are limited places available for this visa.

Eligibility Criteria for Subclass 837

To be eligible for the Orphan Relative (subclass 837) visa, you must meet certain criteria. The following are the eligibility requirements for this visa:

Applicant

You must be the relative of an Australian citizen, permanent resident, or eligible New Zealand citizen. You can apply for this visa if you are the orphaned child of an Australian citizen, permanent resident, or eligible New Zealand citizen. You can also apply if you are the relative of an Australian citizen, permanent resident, or eligible New Zealand citizen and you are under 18 years of age.

Age

To be eligible for this visa, you must be under 18 years of age when you apply. If you turn 18 while your application is being processed, you may still be eligible for the visa if you meet certain requirements.

Dependent

You must be single and dependent on the Australian citizen, permanent resident, or eligible New Zealand citizen relative who is sponsoring you for this visa. You must also be unable to care for yourself because you are incapacitated or because it is in your best interest not to be left alone.

Orphan Relative

You must be an orphan relative of an Australian citizen, permanent resident, or eligible New Zealand citizen. This means that at least one of your parents must have died, or both of your parents must be unable to care for you.

Unable to Care

You must be unable to be cared for by any other relative in your home country. This means that the Australian citizen, permanent resident, or eligible New Zealand citizen relative sponsoring you for this visa must be the only person who can care for you.

Can’t be Found

If you are under 18 years of age and your Australian citizen, permanent resident, or eligible New Zealand citizen relative cannot be found, you may still be eligible for this visa. However, you must provide evidence that you have made reasonable efforts to find your relative.

In summary, to be eligible for the Orphan Relative (subclass 837) visa, you must be under 18 years of age, single, dependent on an Australian citizen, permanent resident, or eligible New Zealand citizen relative, and unable to be cared for by any other relative in your home country. You must also be an orphan relative of an Australian citizen, permanent resident, or eligible New Zealand citizen, and your sponsoring relative must be the only person who can care for you.

Application Process and Requirements

If you are considering applying for an Australia Orphan Relative (subclass 837) visa, it is important to understand the application process and requirements. Here is a brief overview to help you get started.

Application Process

The application process for the Australia Orphan Relative (subclass 837) visa involves several steps. First, you must gather all the necessary documents and information. This includes filling out the visa application form, providing identity documents such as your passport and birth certificate, and providing photographs. You will also need to provide documents to prove your relationship to the orphan you are sponsoring, such as birth certificates and adoption papers.

Once you have all the necessary documents, you can submit your application. You can do this online or in person at an Australian embassy or consulate. Make sure to pay the application fee and provide any additional information that is requested.

Requirements

To be eligible for the Australia Orphan Relative (subclass 837) visa, you must meet certain requirements. You must be an Australian citizen, permanent resident, or eligible New Zealand citizen. You must also be related to the orphan you are sponsoring in one of the following ways:

  • Brother or sister
  • Niece or nephew
  • Grandchild
  • Cousin

In addition, the orphan must be:

  • Under 18 years of age
  • Living outside of Australia
  • Unable to be cared for by their parents due to exceptional circumstances

You will also need to meet certain financial requirements to sponsor an orphan. This includes providing evidence that you can support the orphan financially for their first two years in Australia.

Document Checklist

To make sure you have all the necessary documents for your Australia Orphan Relative (subclass 837) visa application, use the document checklist provided by the Australian government. This checklist will help you gather all the required documents and make sure you have everything you need before you submit your application.

In conclusion, the application process for the Australia Orphan Relative (subclass 837) visa can be complex, but by following the requirements and providing all the necessary documents, you can increase your chances of a successful application.

Sponsorship for Orphan Relative Visa

If you are an Australian citizen or permanent resident, you may be eligible to sponsor a relative who is an orphan to come and live in Australia on an Orphan Relative Visa (subclass 837). This visa is for children who are under 18 years of age and are single.

To sponsor a child, you must be related to the child as a brother, sister, grandparent, uncle, aunt, or step-sibling, step-grandparent, step-aunt, or step-uncle. You must also be an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.

To be eligible for an Orphan Relative Visa, the child must be your eligible sibling’s child, or your spouse’s eligible sibling’s child. The child must also be an orphan and have no parents to take care of them.

To apply for a visa, the sponsor must provide written consent to the child’s migration to Australia. The sponsor must also provide support for the child for the first two years of their stay in Australia.

It is important to note that if the sponsor has a criminal history of child abuse or neglect, they will not be eligible to sponsor a child on an Orphan Relative Visa.

If you are eligible to sponsor a child on an Orphan Relative Visa, you must complete the sponsorship application form and lodge it with the Department of Home Affairs. Once the sponsorship is approved, the child can apply for the Orphan Relative Visa.

Overall, the Orphan Relative Visa provides an opportunity for eligible Australian citizens and permanent residents to reunite with their orphaned relatives. The sponsorship process ensures that the child will have support and care upon arrival in Australia.

Health and Character Assessments

When applying for an Australia Orphan Relative (subclass 837) visa, you and any accompanying family members will be required to undergo health and character assessments. These assessments are designed to ensure that you meet the health and character requirements set by the Australian government.

Health Requirements

As part of the health assessment, you will be required to complete a medical examination and provide a chest x-ray and blood test results. The medical examination will determine if you have any medical conditions that could be a risk to public health or require treatment in Australia. The chest x-ray and blood test results will check for tuberculosis and other infectious diseases.

Character Requirements

The character assessment will investigate whether you have a criminal record or have been charged with any offences involving children. You will be required to provide police certificates from every country you have lived in for more than 12 months in the last 10 years. The certificates must be less than 12 months old when you lodge your application.

If you have been convicted of a crime, you will need to provide details of the offence and any sentence or penalty imposed. The Australian government takes a serious view of convictions for serious crimes, and you may not be granted a visa if you have a criminal record.

It is important to note that providing false or misleading information or failing to disclose any relevant information may result in your visa application being refused or cancelled.

Overall, the health and character assessments are an important part of the Australia Orphan Relative (subclass 837) visa application process. It is recommended that you start the assessment process as soon as possible to ensure that you have enough time to provide all the necessary information and documents.

Rights and Privileges of Visa Holders

As a holder of an Australia Orphan Relative (subclass 837) visa, you are entitled to certain rights and privileges during your stay in Australia. Here are some of the key benefits that you can enjoy:

Live, Land, and Sea

You have the right to live, work, and study in Australia for up to two years from the date of your visa grant. During this time, you can also travel in and out of Australia as many times as you like. You have the right to rent or buy property, and you can access public services such as healthcare, education, and social security.

Travel Facility

Your subclass 837 visa also includes a travel facility that allows you to travel in and out of Australia as many times as you like while your visa is valid. This means that you can explore other countries during your stay in Australia and return to Australia whenever you want.

Medicare

As a subclass 837 visa holder, you are eligible for Medicare, which is Australia’s public healthcare system. This means that you can access medical services, such as doctor visits, hospital treatment, and prescription medicines, at a reduced cost or for free.

Study and Work

You have the right to study in Australia at any educational institution, subject to meeting the institution’s entry requirements. You can also work in Australia, but you are limited to 20 hours per week while your course is in session. During scheduled course breaks, you can work full-time.

Permanent Visa and Resident Return Visa

If you wish to stay in Australia permanently, you may be eligible to apply for a permanent visa, such as the Partner visa or Skilled Independent visa. You may also be eligible to apply for a Resident Return visa, which allows you to re-enter Australia as a permanent resident if you have been outside of Australia for more than five years.

Overall, the subclass 837 visa provides you with many rights and privileges during your stay in Australia. It is important to note that you must comply with all Australian laws and regulations while you are in the country to maintain your visa status.

Post-Approval Procedures

Once your subclass 837 Orphan Relative visa application has been approved, there are several important steps you must follow to ensure a smooth transition to life in Australia.

Firstly, you must make arrangements to migrate to Australia within the validity period of your visa. This period is usually 12 months from the date of your medical examination, unless specified otherwise. It is important to note that your visa will expire if you do not enter Australia within this period.

Once you have arrived in Australia, you must inform the Department of Home Affairs of your arrival. This can be done online through the ImmiAccount portal. You must also undergo a health examination within your first few weeks in Australia, as required by the Department.

After you have settled in Australia, you may be eligible to apply for Australian citizenship. This process typically requires you to have lived in Australia for at least four years, including one year as a permanent resident. You must also satisfy other eligibility criteria, such as passing a citizenship test and demonstrating a basic knowledge of English.

If you wish to stay in Australia beyond the validity period of your subclass 837 visa, you may be eligible to apply for another visa or extend your current visa. The processing time for visa applications can vary depending on a range of factors, such as the type of visa you are applying for and the number of applications being processed by the Department at the time. It is important to apply for a new visa or extension well before your current visa expires to avoid any issues.

In summary, after your subclass 837 Orphan Relative visa application has been approved, you must migrate to Australia within the validity period of your visa, inform the Department of Home Affairs of your arrival, undergo a health examination, and settle in Australia. You may also be eligible to apply for Australian citizenship and extend your stay in Australia by applying for another visa or extending your current visa.

When applying for an Australia Orphan Relative (subclass 837) visa, it is important to consider the legal and compliance requirements. The Department of Home Affairs is responsible for managing the visa application process and ensuring that all applicants meet the legal requirements.

One of the key legal requirements is that the Australian child order must be granted before the visa can be approved. This means that the relevant Australian court must have made an order that the child is in need of care and protection and that the applicant is the best person to provide that care. You must provide evidence of this order when you apply for the visa.

It is also important to note that the legal right to decide where the child lives rests with the Australian court, not the applicant. This means that you must comply with any court orders regarding the care and protection of the child, even if they conflict with your personal preferences.

If you are using a migration consultant to assist with your visa application, it is important to ensure that they are registered with the Office of the Migration Agents Registration Authority (OMARA). Registered migration consultants are required to comply with a code of conduct that includes ethical and professional standards.

When you are granted an Orphan Relative visa, you will be granted a substantive visa that allows you to remain in Australia for an indefinite period of time. However, you must ensure that you meet the conditions of the visa, which include complying with Australian laws and not engaging in any criminal activity.

Finally, it is important to note that the visa is only available to applicants who have a settled Australian citizen or permanent resident relative who is incapable of caring for the child. If you do not meet this requirement, you may not be eligible for the visa.

Frequently Asked Questions

What are the visa requirements for bringing a relative to Australia?

If you want to bring a relative to Australia, the visa requirements depend on the type of visa you are applying for. For example, if you want to bring a parent to Australia, you can apply for a Parent Visa. The Parent Visa allows parents to live in Australia for a longer period. However, there are some requirements that need to be met before you can apply for this visa.

How long can parents stay in Australia on a family visa?

Parents can stay in Australia on a family visa for up to 10 years. However, this visa has some restrictions, and you need to meet certain requirements to apply for it.

What is the cost of a 10-year parent visa in Australia?

The cost of a 10-year parent visa in Australia can vary depending on the type of visa and the circumstances of the applicant. The current cost of a Parent Visa is around AUD 47,755. However, the cost can change, and you should check the latest cost before applying.

What is the orphan family visa in Australia?

The Orphan Relative (subclass 837) visa is designed for children who are orphans and have a relative living in Australia. This visa allows the child to live in Australia with their relative. However, there are some requirements that need to be met before you can apply for this visa.

What is the remaining relative visa subclass 835?

The Remaining Relative (subclass 835) visa is designed for people who are the only remaining relative of an Australian citizen or permanent resident. This visa allows the person to live in Australia permanently. However, there are some requirements that need to be met before you can apply for this visa.

Who is eligible for relative sponsorship in Australia?

To be eligible for relative sponsorship in Australia, you need to be an Australian citizen or permanent resident. You can sponsor a relative to come to Australia if they are your spouse, parent, child, or sibling. However, there are some requirements that need to be met before you can sponsor a relative.

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