How to Apply for Orphan Relative Visa Subclass 117?

April 8, 2024    Migration Lawyer Perth
How to Apply for Orphan Relative Visa Subclass 117?

Often, there can be instances where the parents or legal guardians of a child meet with early demise or go missing. Such situations can be quite traumatic for children, especially if they are minors and unable to care for themselves.

In such cases, you, as a relative, can apply for an orphan relative visa subclass 117 to enable the child to relocate to Australia in your care. This article examines the details and the process of applying for an orphan relative visa.

What is an orphan relative visa?

This is an offshore visa, meaning it allows a child located outside of Australia to relocate here in the case of their parent’s death, inability to care for them, or missing status. It allows the child to stay with their relatives in Australia and makes a number of provisions such as:

  • It allows them to study and work in Australia
  • It allows them to access public healthcare schemes
  • The child can sponsor their relatives to visit Australia
  • The child can apply for an Australian citizenship
  • The child can freely move in and out of Australia for 5 years after obtaining this visa.

In case the child has other siblings needing similar support, a separate application has to be made for each. Further, there are some eligibility criteria that the child has to meet for this visa to be applicable.

What makes a person eligible for the orphan relative visa 117?

Like any other visa, there are certain eligibility criteria of visa subclass 117 that the child must meet before they can apply for this visa. They are:
An eligible grandparent, sibling, uncle, aunt, step-uncle or aunt must sponsor them. This sponsorship has to be approved by the Australian Home Affairs Department, and the sponsor should not have any misconduct or criminal records attached to them.

  • The child must not have present parents to look after them. The absence of their parents can be because of either demise, missing status, or inability to provide adequate care.
  • The child must not have any disease that can threaten public safety, such as polio or ebola.
  • They must be younger than 18 years.
  • They must have infrared consent from all the people involved in making the decision.
  • As an offshore visa, the child must be outside Australia at the time of applying.

How can you apply for the orphan Relative Visa of Subclass 117?

Once the child has met the above eligibility criteria, they are equipped to apply. The application process for Orphan Relative Visa subclass 117 is enumerated below.

1. Compile the necessary documents required:

  • Passport and passport-size photo,
  • The child’s birth certificate and identity proof
  • Evidence that the child has no active parents. This can either be a death certificate for deceased parents, a missing report, or proof of any medical condition that states why they are unable to care for the child.
  • Proof of the child’s relationship with the relatives. This can be a birth, marriage, or adoption certificate.
  • The Form 80 Personal for Character Evaluation duly filled by children above 16
  • The Form 1229 Consent form or a statutory declaration consenting to the child’s migration to Australia is duly filled out by the relatives. Relatives can also present an Australian court order allowing for the child to relocate in accordance with their home country’s laws.

2. Once you have compiled all the necessary documents stated above, you can apply them on paper through the competition of two forms:

  • The Form 47CH Application
  • The Form 40CH Sponsorship

Then, you must mail it to the Department of Home Affairs in Australia. Applying it in any other way renders it invalid.

3. After you’ve applied, you must wait for the application to be processed and for you to hear back. It is necessary to be patient during this step as it can be quite lengthy.

Summing up

Filing an orphan relative visa for Subclass 117 can be lengthy and complicated. Any mistakes in the process can result in the application being rejected. That’s why it is necessary to consult the Child Visa Lawyer Perth to advise you during the process and review the necessary documents. The best team of lawyers are well experienced in this field and can simplify the process for you. Contact the experts for a consultation today!

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