Who can apply for the Orphan Relative visa (Subclass 837) in 2026?

Plain-language guide · general information, not immigration advice

A child can apply for Australia's Orphan Relative visa (Subclass 837) if they are under 18, single, have no parent who can care for them, are sponsored by an approved eligible relative, and are in Australia — not in immigration clearance — both when the application is made and when it is decided. That is the core of the eligibility list published by the Australian Department of Home Affairs on its official Orphan Relative visa (subclass 837) page, which also adds requirements on health, character, debt to the Australian Government, immigration history and the best interests of the child. This article is general information drawn from that page and is not personalised advice for any individual situation.

Because the whole category turns on the child's circumstances rather than on points, skills or employer support, the fastest way to decide whether to keep researching is to walk through the criteria as a set of yes/no questions.

Is the child under 18 and single when they apply?

The age test is set at the time of application: the child must be under 18 years old when they apply. The official page also describes the applicant as single.

If the child is 18 or over at the point of applying, this category is not the one to research further.

Does the child have a relative in the right relationship to sponsor them?

The child must be sponsored by an eligible sibling or step-sibling, grandparent or step-grandparent, aunt, uncle, step-aunt or step-uncle. The relationship categories are closed — a cousin, a family friend or a more distant relative does not meet the sponsorship relationship test as the page describes it.

The sponsorship itself must be approved before the visa can be granted, so sponsorship is a separate hurdle from the child's own eligibility.

Is that sponsor a settled Australian citizen, eligible New Zealand citizen or permanent resident — and clear on child-protection checks?

The sponsoring relative must be a settled Australian citizen, an eligible New Zealand citizen, or an Australian permanent resident.

Child-protection screening applies to the sponsor and to their spouse or de facto partner, if any:

if either has a pending registrable offence charge, the department will refuse both the sponsorship and the visa application
if either has a registrable offence conviction, the sponsorship can be approved only in very limited circumstances

Does the child have no parent who can care for them?

The visa will not be granted unless the child has no parent who can care for them; the page says this might be because both of their parents are deceased, permanently incapable of caring for the child, or cannot be found. The test is about capacity, not willingness: the page states the visa will not be granted if the child's parents are capable of caring for them but do not want to.

This is the criterion most commonly misunderstood. A parent who is alive, contactable and able to care — even one who has asked a relative in Australia to take over — blocks the category.

Is there consent for the child to migrate to Australia?

For a child under 18, the department needs one of the following:

written consent from everyone who can legally decide where the child lives
the laws of the child's home country allow them to leave that country
the grant is consistent with any Australian child order about the child

Where a custody or guardianship arrangement exists, this is usually the part that needs the most documentary preparation.

Is the child in Australia at lodgement and decision, with the right visa status?

Location and status are tested twice. The child must be in Australia — and not in immigration clearance — both when the application is made and when it is decided. The child also cannot validly apply if they are in Australia on another visa with a no further stay condition.

The page also warns that the child might not be able to get this visa if:

they do not currently hold a substantive visa
they have not applied for an Orphan Relative visa within 12 months of the previous substantive visa ceasing
the substantive visa they hold or last held was a Subclass 771 Transit visa

Do health, character and government debt checks pass?

The child, and any dependent children applying with them, must meet the health requirement; dependent children who are not applying may also have to meet it. If the child is 16 or older, they must meet the character requirement, and other dependent children applying may be asked to meet it as well.

Separately, any money the child owes the Australian Government must be paid back, or there must be a formal arrangement to pay it back.

Does the child's immigration history hold up, and is the grant in their best interests?

The department considers the child's immigration history, so a cancelled visa or a refused application can make them ineligible. In some circumstances a child in that position may still apply for a permanent visa, subject to the limits set out for applications made in Australia.

Finally, the visa might not be granted if it would not be in the best interests of an applicant under 18.

If all eight checks pass, what does the visa actually give?

Subclass 837 is a permanent visa. The child can stay in Australia indefinitely, work and study in line with Australian law, enrol in Medicare, sponsor relatives to come to Australia, attend free English classes through the Adult Migrant English Program if eligible, and apply for Australian citizenship if eligible.

For citizenship purposes, the child becomes a permanent resident on the day the visa is granted. Travel is a separate matter: the visa includes a travel facility of five years from the date of grant, after which re-entering Australia as a permanent resident requires a Resident Return visa, unless the child has become an Australian citizen and travels on an Australian passport.

What about cost, processing time and other children in 2026?

The official page states there is a visa charge for the main applicant and a charge for each dependent child who applies, with possible additional costs for health checks, police certificates and biometrics; it directs applicants to the Visa Pricing Estimator for the amount, and notes the estimator does not include those other costs. From 1 July 2026, a lower visa cost applies to eligible Pacific Island and Timor-Leste citizens who lodge a valid application, recognised by a valid passport from a specified country — the Federated States of Micronesia, Fiji, Kiribati, Nauru, Palau, Papua New Guinea, the Republic of the Marshall Islands, Samoa, the Solomon Islands, Timor-Leste, Tonga, Tuvalu and Vanuatu — with family members also eligible based on the primary applicant's passport.

On timing, the department points to its visa processing times guide rather than publishing a fixed timeframe, noting that applications can take longer if they are incomplete, need verification, or are not paid in full at lodgement. An acknowledgement of the application, including advice about any associated bridging visa, is usually received within approximately one month of lodgement.

Each sibling who wants to apply needs a separate application. The child's own dependent children can be included on the application when it is made, or at any time before a decision, and must meet the health requirement.

Frequently Asked Questions

Can my nephew or niece qualify if their parents are alive but living overseas?

No, not on the basis of the parents being unwilling or unable to look after them day to day. The page states the visa will not be granted if the parents are capable of caring for the child but do not want to; this might be because both of their parents are deceased, permanently incapable of caring for the child, or cannot be found.

Can the child apply for Subclass 837 from outside Australia?

No. The child must be in Australia when the application is made and when it is decided. There is also an additional bar: the child cannot validly apply if they are in Australia on another visa with a no further stay condition.

What happens if the child turns 18 while the application is still being decided?

The age requirement is framed at the time of application on the official page — the child must be under 18 when they apply. The page does not spell out a separate age test at the point of decision, so this is a point to confirm against the current official wording before lodging.

Does the sponsor's partner's criminal record affect the application?

Yes. If the sponsor or their spouse or de facto partner has a pending registrable offence charge, the department will refuse the sponsorship and the visa application. If either has a registrable offence conviction, the sponsorship can be approved only in very limited circumstances.

Does the child need to already hold a valid visa?

The child might not be able to get this visa if they do not hold a substantive visa, if they have not applied within 12 months of their previous substantive visa ceasing, or if the substantive visa they hold or last held was a Subclass 771 Transit visa. Holding a visa with a no further stay condition also prevents a valid application.

Can the child's own children be included in the application?

Yes. Dependent children can be included when the application is made or at any time before a decision, and they must meet the health requirement. Siblings, by contrast, each need their own separate application.

Is Subclass 837 a permanent visa?

Yes. It lets the child stay in Australia indefinitely, and the child becomes a permanent resident on the day the visa is granted. Travel to and from Australia is covered for five years from the grant date, after which a Resident Return visa is needed to re-enter as a permanent resident.