Is the 117 Orphan Relative Visa Permanent in 2026? Rights After Arrival
Yes — the Orphan Relative visa (Subclass 117) is a permanent visa. According to the Australian Department of Home Affairs' Orphan Relative visa (Subclass 117) page, as of August 2026 the official page describes it as a permanent visa that lets the child stay in Australia indefinitely. Permanence, however, is not one single switch: the grant date, the first entry date and the arrival date each start a different clock, and the five-year travel facility is a separate thing again. This article is general information about how those rules are published, not personalised advice; the official page or a registered professional should be the final word for any individual situation.
Is subclass 117 permanent, or does it expire after five years?
It is permanent. The child can stay in Australia indefinitely, and that status does not switch off after five years.
What expires after five years is the travel facility. The child can travel to and from Australia as many times as they want for five years from the date the visa was granted, as long as that travel facility remains valid. Once it ends, the permanent status remains, but re-entering Australia as a permanent resident requires a Resident Return visa (subclasses 155 and 157) — or Australian citizenship, after which no visa is needed to enter. The expiry date of the travel facility can be checked in VEVO.
When does permanent residence actually start?
For citizenship purposes, the child becomes a permanent resident on the day they enter Australia on this visa. That arrival date is the one that counts toward any future citizenship eligibility, not the date the visa was granted.
Other rights run from a different date. Home Affairs states the child may be able to work or study in Australia from the date the visa is granted. So a family can reasonably treat the grant date as the start of work and study rights, and the entry date as the start of the permanent residence clock for citizenship.
The first entry date itself is a third deadline: the child must enter Australia before the date specified in the grant letter, and that date is generally set at 12 months from the date of visa grant.
What can the child do once the visa is granted?
The Home Affairs page lists the following for this visa:
- stay in Australia indefinitely
- work and study in Australia in line with Australian law
- enrol in Medicare, Australia's public healthcare scheme
- sponsor relatives to come to Australia
- attend free English language classes provided by the Adult Migrant English Program, if eligible
- apply for Australian citizenship, if eligible
Each of the last two is conditional on meeting that program's own eligibility rules, so "permanent visa" is not the same as "automatically eligible for everything."
Is the child protected by Australian workplace law?
Yes. Home Affairs states that visa holders on this visa are protected by Australian workplace law, and points to the Fair Work Ombudsman's material on the workplace rights and entitlements of visa holders and migrant workers. In practical terms, working in Australia on this visa does not mean working outside the normal protections that apply to employees.
The page also addresses the power balance inside the sponsorship itself: the sponsor cannot cancel the visa, withdraw it, or otherwise influence the child's residency status in Australia. It states that on this visa the child has the rights provided to every Australian resident, including being free from abuse and exploitation, and lists national support services — including crisis lines and specialist services for exploitation and forced marriage — for anyone who believes they may be a victim. Home Affairs advises calling Triple Zero (000) in an emergency or if someone is not safe.
Does permanent residence mean government payments start immediately?
Not necessarily for every payment. Home Affairs notes that as a newly arrived resident, the child might have to wait to access certain Australian Government payments and benefits, and refers to the Department of Human Services material on newly arrived residents' waiting periods.
Medicare enrolment is listed separately as something the child can do with this visa, so the waiting-period concept should not be read across to Medicare enrolment itself. Which payments are affected, and for how long, depends on the payment and the individual's circumstances — that is a question for the official source rather than for a general article.
What has to be reported after arrival?
Home Affairs requires notification of three specific changes: changes to the child's passport, the birth of a child, and a change of name. Beyond that, the child and any family members must meet all visa conditions and obey Australian laws; the conditions attached to a particular grant can be checked in VEVO.
Frequently Asked Questions
Is the Subclass 117 Orphan Relative visa permanent or temporary?
It is a permanent visa. Home Affairs states it lets the child stay in Australia indefinitely, with no requirement to move to another visa to remain in the country.
Does the visa run out after five years?
No. The five-year period applies to the travel facility, which allows unlimited travel to and from Australia for five years from the grant date. After that, a Resident Return visa is needed to re-enter as a permanent resident, or Australian citizenship removes the need for a visa to enter.
When does the child's permanent residence start for citizenship?
On the day the child enters Australia on the visa. That arrival date — not the grant date — is the one Home Affairs uses for citizenship purposes.
Can the child work as soon as the visa is granted?
Home Affairs states the child may be able to work or study in Australia from the date the visa is granted, in line with Australian law, and that they are protected by Australian workplace law.
Is Medicare available immediately, along with other government payments?
Enrolling in Medicare is listed among the things the child can do with this visa. Other Australian Government payments and benefits may be subject to newly arrived residents' waiting periods, which are set out separately by the Department of Human Services.
Can the sponsor cancel the visa if the relationship breaks down?
No. Home Affairs states the sponsor cannot cancel the visa, withdraw it, or otherwise influence the child's residency status in Australia.
Can family members be added after the visa is granted?
Dependants cannot be added to this visa after a decision has been made. Dependent children of the child can be included when they apply, or at any time before the application is decided.
References
- Australian Department of Home Affairs — Orphan Relative visa (Subclass 117)
- Fair Work Ombudsman — Visa holders and migrant workers: workplace rights and entitlements
- Australian Attorney-General's Department — Rights and protections
- Department of Human Services — Newly arrived residents' waiting period
- Department of Human Services — Medicare
- Australian Department of Home Affairs — Resident Return visa (subclasses 155 and 157)
- VEVO — Check visa details and conditions online