My Parents Are Alive but Can't Care for Me — Do I Qualify for the 117 Visa in 2026?
Yes — but only in the narrow sense the rules give those words. According to the Australian Department of Home Affairs Orphan Relative visa (subclass 117) official page (as of the August 2026 official page), the visa will not be granted unless the child has no parent who can care for them, and that can be because both parents are deceased, are permanently incapable of caring for the child, or can't be found. A parent who is alive can therefore still "not count" as a carer — but the page is equally explicit that the visa will not be granted where parents are capable of caring and simply don't want to.
What does "permanently incapable of caring" actually mean?
The official page uses the phrase "permanently incapable of caring for the child" without defining it further, so the practical content has to come from what it is contrasted with: the carer test is about capacity, not willingness, and it is permanent rather than temporary. That distinction is the whole decision. A parent who is alive, present and able to look after the child blocks the visa even if they have chosen not to; a parent who is alive but whose condition means they cannot perform that role falls inside the visa's purpose.
The underlying legal definition sits in the Migration Regulations 1994, where "orphan relative" is defined (regulation 1.14) by reference to the child being under 18, having no spouse or de facto partner, having parents who are deceased, unable to be found, or unable to care for them, and not having been adopted by someone other than the Australian relative. Regulatory text is amended over time, so the wording should be checked against the current official version before it is relied on.
Which parent situations the Department treats as "no parent who can care"
| Situation | Does it meet the test? | What the step-by-step guide asks you to provide |
|---|---|---|
| Both parents deceased | Yes | A death certificate or other official document |
| Both parents permanently incapable of caring | Yes | Evidence such as a medical report showing why the parents are unable to care |
| Both parents can't be found | Yes | How long they have been missing, and what efforts were made to contact or find them |
| Parents capable of caring but unwilling | No — expressly excluded | Not applicable |
The official page frames these as applying to "both their parents," so a mixed case is handled parent by parent: for a child whose mother has died and whose father is permanently incapable, the application carries a death certificate for one and a medical report for the other.
What evidence does the Department actually ask for?
The step-by-step guide for this visa asks for evidence that the child has no parents capable of caring for them, and it names two document types for the incapacity case: a death certificate or other official document, and "evidence such as a medical report, showing why the child's parents are unable to care for them." The word "such as" matters — the medical report is given as the example, not as the only possible form.
A useful way to read that requirement is to ask what the report has to do: it has to connect the parent's condition to the inability to care for this child. A document that records a diagnosis but says nothing about day-to-day capacity leaves the decision-maker to guess, and the visa cannot be granted on a guess. Because the official wording is short, the strongest file is one where the document speaks directly to the caring function rather than only to the medical label.
Official guidance for decision-makers on this visa (PAM3) recognises that children in this category have often been through traumatic events and that official documents may be limited; in those cases the applicant is expected to show they have made genuine efforts to obtain what is needed, and other credible, relevant evidence can be weighed. This is general information only, and it is not a substitute for advice on an individual case from a registered migration agent or lawyer who can look at your own documents.
What else has to be true, besides the parent test?
The parent test is the one this article is about, but it is only one of several criteria on the official page, and all of them have to be met:
- Sponsorship. The child must be sponsored by an eligible sibling or step-sibling, grandparent or step-grandparent, aunt, uncle, step-aunt or step-uncle, and the sponsorship must be approved before the visa can be granted.
- Age. The child must be under 18 when they apply.
- Consent to migrate. For a child under 18, there must be written consent from everyone who can legally decide where the child lives, or the home country's laws must allow the child to leave, or the move must be consistent with any Australian child order.
- Health and character. The child must meet the health requirement; if aged 16 or over, the character requirement applies, which includes police certificates for children over 16.
- Debts. Any money owed to the Australian Government must be repaid or covered by a formal arrangement.
- Best interests of the child. The visa might not be granted if granting it would not be in the best interests of an applicant under 18.
The overview page adds that the applicant must be outside Australia both when the application is made and when it is decided, and must be single.
How is the application actually lodged?
Applications are made on paper, not online. The official step-by-step guide requires 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 in Perth, with the application charge paid before posting. Forms must be completed in English, and only certified copies should be sent. After lodgement, the application can be imported into ImmiAccount to upload further documents and track status.
Frequently Asked Questions
Can I qualify if both my parents are alive but in long-term hospital or residential care?
Living parents can still satisfy the test if they are permanently incapable of caring for the child, which is one of the three situations the Department of Home Affairs lists on the subclass 117 page. What the application needs is evidence — the guide names a medical report — showing why they are unable to care.
Does it count if my parents are able to care for me but refuse to?
No. The official page states directly that the visa will not be granted if the child's parents are capable of caring for them but don't want to. The test is capacity, not willingness.
What if only one of my parents is permanently incapable?
Both parents must fall into one of those situations. The official page describes the test in terms of both parents: deceased, permanently incapable, or can't be found — so if one parent is permanently incapable but the other is alive and able to care, the visa cannot be granted. Where each parent falls into a different listed situation, evidence is needed for each parent according to that parent's situation — for example a death certificate for one and a medical report for the other.
What happens if no medical report exists or the hospital won't issue one?
The Department's own guidance for this visa acknowledges that official documents may be limited for children in this category, and expects applicants to show what efforts they made to obtain them, with other credible and relevant evidence considered. Because this guidance is internal policy rather than regulation, treat it as context and check current official requirements before relying on it.
Do I have to be outside Australia?
Yes. The applicant must be outside Australia when the application is made and again when the decision is made, and the visa is applied for on paper rather than online.
Can my own child be included in the application?
Yes — dependent children can be included, and dependent children of the main applicant can be added any time before a decision is made. Those included in the application also have to meet the health requirement, and character documents may be required.
What if the application is refused?
The Department will tell you in writing why the visa was refused and whether there is a right to review the decision. The application fee is not refunded if the application is refused.