Can I Still Get the 117 Visa If I Turn 18 Before the Decision? (2026)
Yes — turning 18 while your Orphan Relative visa (subclass 117) application is waiting does not by itself end your chances. The Australian Department of Home Affairs states on its Orphan Relative visa (subclass 117) page that the child must be under 18 years old when they apply, and the Migration Regulations 1994 carry that same point forward at clause 117.221: at the time of the decision the applicant must still satisfy the orphan relative criteria, except where the only reason they no longer do is that they have turned 18. This article describes published criteria only and is general information, not advice on your own case; the wording that actually binds a decision maker is the current consolidated Migration Regulations 1994 and the Department's current policy guidance, so those are what you or a professional should check before relying on any of it.
What does "under 18" actually attach to?
It attaches to the date you apply, not the date the decision is made. That is the whole reason the exception exists: subclass 117 applications are paper-based and can sit in a queue for a long time, and a child cannot control how long that takes.
Two consequences follow from this, and they are worth separating:
- The age line is fixed at application. If you are 17 years and 11 months on the day the application is lodged at the Child and Other Family Processing Centre in Perth, the age criterion is met.
- Everything else travels with the file. The orphan relative definition also includes having no spouse or de facto partner, and having no parent who can care for you. Turning 18 excuses the age element only — it does not excuse any other part of the definition.
| Requirement | When you apply | When the decision is made |
|---|---|---|
| Age | Must be under 18 | May be 18 or over, but only because of the birthday (clause 117.221) |
| No spouse or de facto partner | Required | Still required; a relationship is not excused |
| No parent able to care for the child | Required | Still required |
| Sponsorship | Sponsor must be an eligible relative | Sponsorship must be approved and still in force |
| Location | Must be outside Australia | Must still be outside Australia to be granted |
| Health, character, debts to the Australian Government | Must be met | Must still be met |
What does clause 117.221 say in plain terms?
Clause 117.211 sets one of the criteria you must meet at the time of application — that you are the orphan relative of an Australian relative, as that term is defined in the Regulations — and clause 117.212 sets the separate requirement that you are sponsored. Clause 117.221 then requires you to keep meeting 117.211 at the time of decision, with one carve-out: if the only reason you have stopped meeting it is that you have turned 18, you can still be granted the visa.
The carve-out is narrow, and the word "only" is doing the work. Suppose an applicant turns 18 during processing and also starts living with a partner. The age change is forgiven; the relationship change is not, because having a spouse or de facto partner is a separate limb of the orphan relative definition. The exception cannot rescue that.
What has to stay true while you wait?
Ongoing eligibility, not the birthday, is where most applications become fragile. Based on the Department's official page and the Regulations, the following must continue to hold through to the decision:
- You remain single. The Department's overview describes the child as "under 18 years of age, single and with no parent to care for them." A change in relationship status is something the Department asks to be told about.
- Your parents still cannot care for you. The visa cannot be granted if a parent is capable of caring for you but does not want to. If a parent reappears, recovers capacity, or the evidence about them changes, that goes to the heart of the application.
- The sponsorship is approved and stays valid. The sponsor must be an eligible sibling or step-sibling, grandparent or step-grandparent, aunt, uncle, step-aunt or step-uncle, and must be a settled Australian citizen, an eligible New Zealand citizen, or an Australian permanent resident. Sponsorship is refused outright if the sponsor, or their spouse or de facto partner, has a pending registrable offence charge, and can be approved in only very limited circumstances where there is a registrable offence conviction.
- You stay outside Australia. The Department is explicit that the child must be outside Australia both when the application is made and when the decision is made; a visa cannot be granted to someone inside Australia.
- Health, character and debts stay satisfied. The character requirement applies to applicants aged 16 or over, health requirements apply to the child and any dependent children in the application, and any money owed to the Australian Government by the child or any member of their family must be repaid or be subject to a formal arrangement.
What changes in practice once you turn 18 during processing?
Less than people expect, and one thing in particular is worth planning around.
Requirements that exist to protect minors stop applying. Consent to migrate — the written consent of everyone who can legally decide where the child lives — and the welfare-related public interest criteria that attach to applicants under 18 are framed around being a child. Once the applicant is an adult, the decision is assessed on the adult criteria instead.
Character evidence becomes more time-sensitive. Applicants over 16 must provide police certificates from every country where they spent 12 months or more in the last 10 years since turning 16, and for Australia only a National Police Certificate applied for under Code 33 – Immigration/Citizenship is accepted. Police certificates are valid for 12 months from the issue date, so a long wait can mean having to obtain fresh ones rather than reusing what was lodged. Applicants over 16 must also complete Form 80.
The visa conditions may differ. Under the Regulations, conditions can be attached including 8515, which restricts marrying or entering a de facto relationship. That condition is directed at the period after grant, and it is a reminder that "single" is not merely a snapshot taken on the day you apply.
What should you prepare before the birthday?
The most reliable protection is a complete, accurate application lodged while the applicant is still under 18, plus evidence that makes the age and relationship position easy to verify later.
At lodgement. Subclass 117 is applied for on paper using Form 47CH (Application for migration to Australia by a child) and Form 40CH (Sponsorship for a child to migrate to Australia), sent together to the Child and Other Family Processing Centre. The application charge must be paid before posting, and the application should include evidence of payment. Submitting anywhere else, or in any other way, means the application is not valid.
Age and identity. Provide the passport pages showing photo, personal details and issue and expiry dates; a national identity card if there is one; and proof of a change of name if applicable. Four recent photographs (45mm x 35mm, less than six months old) are required for the child and for any other dependent in the application. A birth certificate also serves as evidence of the child's relationship to the Australian relative.
Single status. Evidence such as a birth certificate and a certificate of no marriage record is commonly assembled with the application; the Department's policy guidance (PAM3) treats clear age and marital status evidence as part of showing that the orphan relative definition is met.
After lodgement. Update the Department when things change — phone number, address, passport, relationship status, or the birth of a child. Where an answer already given has become incorrect, a completed Form 1023 (Notification of incorrect answers) is the mechanism for correcting it. If the application has been imported into ImmiAccount, documents can be uploaded there. Do not arrange travel to Australia until the Department advises in writing that the visa has been granted.
Does turning 18 change the visa you receive?
No. It remains a permanent visa. The holder can stay in Australia indefinitely, work and study in line with Australian law, enrol in Medicare, sponsor relatives, attend free English classes under the Adult Migrant English Program if eligible, and apply for Australian citizenship if eligible. If the visa is granted, the Department advises the visa grant number, the date the visa starts, any visa conditions, and the date by which the child must have entered Australia. If it is refused, the Department gives reasons and states whether there is a right to review, and the application fee is not refunded.
Frequently Asked Questions
I turned 18 last month and my 117 application is still pending — is it refused automatically?
No. The age criterion is tested at the time of application, and clause 117.221 allows a grant where the only reason the applicant no longer meets the orphan relative criteria is that they have turned 18. The application continues to be assessed on the other criteria.
Does the exception also cover getting married or moving in with a partner while waiting?
No. Being single is a separate part of the orphan relative definition, and the clause 117.221 carve-out is limited to the age element. A spouse or de facto partner at the time of decision remains a bar to the grant.
Do I have to tell the Department that I have turned 18?
A birthday is not something you cause, but changes such as a new passport, a change of address, or a change in relationship status do need to be notified. If any answer already given has become incorrect, Form 1023 exists for that purpose.
My parent's situation changed during processing — what happens now?
The visa cannot be granted if a parent is capable of caring for the child. A change of this kind goes to the core of the application and should be disclosed, since it is assessed at the time of decision rather than only at lodgement.
Does turning 18 change which documents I need?
Some. Consent-to-migrate and welfare requirements are framed around applicants under 18, while police certificates and Form 80 apply from age 16. Because police certificates are valid for only 12 months from issue, a long wait may require fresh ones.
Can I travel to Australia while the application is being decided?
The Department advises not to arrange travel until it has advised in writing that the visa has been granted, and the child must be outside Australia when the decision is made. Travelling to Australia during processing would put the grant at risk.