Eligibility Review
Check whether the child meets the age, relationship and parental-care requirements for Subclass 837.
Permanent Onshore Family Visa · Subclass 837
Orphan Relative Visa 837
The Orphan Relative Visa 837 is a permanent onshore visa for a child in Australia who cannot be cared for by either parent and has an eligible settled relative willing to sponsor them.
The child must be under 18 when applying
The child must also have no spouse or de facto partner and meet the specific parent-care, relationship, sponsorship, health and child-welfare requirements.
How We Can Help
Application Support for Families
Parent Circumstances Assessment
Review evidence showing why each parent is deceased, permanently unable to care for the child, or cannot be found.
Sponsor Eligibility Check
Confirm that the sponsor meets the required relationship, Australian status, settlement, residence and child-protection requirements.
Child Welfare Documentation
Assist with documents such as guardianship evidence, parental consent, court orders and other records relating to the child’s care.
Onshore Visa Assessment
Review the child’s current visa, previous refusals or cancellations and any restrictions that may affect their ability to make a valid application in Australia.
Application Preparation
Prepare the required forms and supporting documents, including Form 47CH and Form 40CH, and assist with the paper lodgement process.
Ongoing Application Support
Assist with Home Affairs requests, health and character requirements, document updates and other matters after the application is lodged.
At a Glance
Key Requirements and Application Position
| Requirement | Current Position |
|---|---|
| Visa type | Permanent onshore family visa |
| Applicant age | Under 18 when applying |
| Relationship status | No spouse or de facto partner |
| Application location | Child must be in Australia |
| Parent-care requirement | Neither parent can provide care under the applicable criteria |
| Sponsor | Eligible settled Australian relative required |
| Application method | Paper-based initial application |
| Forms | Form 47CH and Form 40CH |
| Queue | Not subject to the same Other Family capping and queueing system |
| Second instalment | Nil |
Who Can Qualify?
Core Eligibility Requirements
Additional onshore requirements may apply depending on the child’s current or previous visa.
- Be under 18
- Have no spouse or de facto partner
- Be in Australia
- Have an eligible Australian relative
- Have no parent able to provide care
- Have an approved sponsor
- Meet health and character requirements
- Meet child welfare requirements
When Neither Parent Can Provide Care
The visa does not require both parents to be deceased. Each parent must separately fall within one of the required circumstances.
- Deceased
- Permanently incapacitated
- Unable to be found
The two parents can fall into different categories. For example, one parent may be deceased while the other is permanently unable to care for the child.
Unwillingness Alone Is Not Enough
A parent simply being unwilling to care for the child does not normally satisfy this requirement.
Evidence mattersThe application should establish the circumstances of each parent separately.
Sponsor Requirements
Who Can Sponsor the Child?
Qualifying relatives can include:
- Brother or sister
- Step-brother or step-sister
- Grandparent or step-grandparent
- Aunt or uncle
- Step-aunt or step-uncle
- Niece or nephew
- Step-niece or step-nephew
Sponsor requirements
AgeThe sponsor must generally be at least 18.
Settled in AustraliaThe sponsor must generally be settled in Australia.
Australian StatusThe sponsor must generally be an Australian citizen, permanent resident or eligible New Zealand citizen.
Relative’s PartnerIn some circumstances, the spouse or de facto partner of the qualifying relative may also sponsor.
Sponsor Checks and the Child’s Best Interests
Because the applicant is under 18, additional child-protection checks apply to the sponsor. Relevant criminal charges or convictions involving the sponsor, and in some cases their spouse or de facto partner, can affect sponsorship approval.
Police checks may therefore be required as part of the sponsorship assessment.
Child Welfare Evidence May Be Required
Home Affairs must also be satisfied that there is no compelling reason why granting the visa would be against the child’s best interests.
- Guardianship
- Parental consent
- Court orders
- Care arrangements
Age During Processing
What Happens if the Child Turns 18?
The child must be under 18 when the application is lodged.
However, turning 18 while the application is being processed does not automatically make them ineligible where they stop meeting the Orphan Relative definition only because of their age.
Applying From Inside Australia
Visa Status and Bridging Considerations
01
Onshore Requirement
The child must be in Australia when applying and when the visa is granted.
02
Current Visa
The child generally needs to hold an eligible substantive visa. Additional requirements can apply where they no longer hold one.
03
Visa History
Previous visa refusals, cancellations and any application restrictions should be checked before lodging.
04
Bridging Visa
A bridging visa may become relevant after a valid onshore application if the child’s current visa expires before a decision is made. The conditions should be checked individually.
Government Charges
Government Visa Costs
Charges shown apply from 1 July 2026.Government fees can change and should be checked before lodging.
| Charge | Current Amount |
|---|---|
| Main applicant | AUD 2,475 |
| Additional applicant aged 18+ | AUD 1,235 |
| Additional applicant under 18 | AUD 625 |
| Second instalment | Nil |
Processing TimeFixed published periodNot published Capping and queueingNot the same system used for Carer, Remaining Relative and Aged Dependent Relative visas
How Processing Works
Home Affairs does not publish one fixed processing period for every Subclass 837 application. Processing depends on the individual case and current Child visa processing arrangements.
How to Apply
Application Process
Check the Child’s Eligibility
Confirm age, relationship status and why neither parent can provide care.
Confirm the Sponsor
Check the qualifying relationship, Australian status, settlement and child-protection requirements.
Review the Child’s Visa Status
Check current and previous visas, refusals, cancellations and any application restrictions.
Prepare the Application
Subclass 837 currently uses Form 47CH – Child visa application and Form 40CH – Child sponsorship.
Lodge and Manage the Application
The initial application is paper-based. Eligible applications can later be imported into ImmiAccount for ongoing management.
Required Document List
What to Prepare
Passport & ID
Birth Certificate
Relationship Evidence
Death Certificates
Incapacity Evidence
Parent Location Evidence
Guardianship Documents
Consent Documents
Child Welfare Evidence
Sponsor ID
Sponsor Status
Residence Evidence
Sponsor Police Checks
Form 47CH
Form 40CH
Visa History
Health Checks
Character Documents
The most important evidence will depend on why each parent cannot care for the child.
Frequently Asked Questions
Common Questions About the Application
Can the child apply if one parent is still alive?
Yes, potentially. A living parent may still satisfy the requirement if they are permanently incapacitated or genuinely cannot be found.
Does Subclass 837 require an Assurance of Support?
An Assurance of Support is not automatically required in every case. It applies if Home Affairs requests one.
What is the difference between Subclass 837 and 117?
Subclass 837 is the onshore pathway for a child in Australia. Subclass 117 is the offshore Orphan Relative pathway.
Can the child still qualify after being adopted by the Australian relative?
Specific provisions can allow the application to continue where the child stops technically being an orphan relative only because they were adopted by the Australian relative.
Get Help With the Application
Review the Child, Sponsor and Onshore Position Together
Eligibility depends on more than showing that the child is living without their parents. The application must establish why neither parent can provide care, the qualifying family relationship, sponsor eligibility and appropriate child-welfare arrangements.
Think Higher can assess the child’s circumstances and assist with sponsor review, supporting evidence, onshore visa issues and preparation of the Orphan Relative Visa 837 application.
Parent circumstancesSponsor eligibilityChild welfare evidenceOnshore visa positionForms 47CH & 40CHApplication support