Orphan Relative visa (Subclass 117): 2026 eligibility guide

The Subclass 117 Orphan Relative visa grants permanent residence to children who have lost both parents and have a qualifying relative in Australia willing to provide for them. It is a family stream visa — there are no points, no skills assessment, and no English requirement — but the eligibility rules are specific and the application process involves both offshore and onshore steps.

Who the Subclass 117 is for

The Orphan Relative visa is designed for children who are not accompanied by a parent, do not have a parent able to care for them, and have a relative who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen living in Australia. The child must be unmarried and under 18 years of age. "Orphan" in this visa context does not require that both biological parents are deceased — a parent may be absent due to other circumstances such as incapacity — but the child must genuinely be without parental care.

The Australian relative who sponsors the child can be a broad range of people: a brother, sister, aunt, uncle, or even a more distant relative, as defined by the Department of Home Affairs. The sponsor must be settled in Australia and capable of supporting the child.

This visa is distinct from the Subclass 102 Adoption visa, which is for children formally adopted overseas by Australian citizens or permanent residents. If a legal adoption has taken place or is planned, see our guide on the Adoption visa (Subclass 102): eligibility and pathway in 2026 for the relevant pathway.

Eligibility requirements

The child applicant

To be eligible, the child must meet all of the following at the time of application:

• Be under 18 years of age
• Be unmarried and not in a de facto relationship
• Not be accompanied to Australia by a parent
• Have no parent who is able to care for them
• Have a sponsoring relative who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

There is no points test, no English language requirement, and no skills assessment for this visa. The family stream operates differently from the skilled migration stream.

The sponsoring relative

The Australian-based relative must:

• Be at least 18 years old
• Be an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen settled in Australia
• Be a relative of the child within the accepted definition (see the Department of Home Affairs page for the exact list of qualifying relationships)
• Not have any outstanding debt to the Australian government and not be subject to a sponsorship bar

Unlike partner visas such as the Partner (Subclass 820/801) or Partner (Subclass 309/100), there is no formal sponsorship cap on family relative applications, but the sponsor must demonstrate they can provide for the child's welfare.

Health and character

All applicants must meet standard health and character requirements. For a child, character requirements are assessed proportionally given their age, but health checks are mandatory and must be undertaken at an approved panel physician.

Application process and key steps

The Subclass 117 is applied for offshore — the child must be outside Australia when they apply and when the visa is granted. The process broadly follows these steps:

1. Sponsorship approval. The Australian relative lodges a sponsorship application with the Department of Home Affairs. This is assessed before or alongside the main visa application.
2. Visa application. Once sponsorship is approved or lodged, the child (or someone on their behalf) submits the visa application online through ImmiAccount. As the applicant is a minor, an authorised person such as a legal guardian typically manages this.
3. Document gathering. Key documents include the child's birth certificate, evidence of the parents' circumstances (death certificates, medical records, court orders, or other official evidence of incapacity), proof of the relative relationship, and the sponsor's proof of Australian citizenship or permanent residence.
4. Health examination. The child completes a mandatory health examination with a Department-approved panel physician.
5. Decision. Home Affairs assesses the application and, if approved, grants a permanent residence visa.

Because the child is a minor throughout and the circumstances (parental absence or death) can involve sensitive legal documentation across multiple countries, this application often benefits from professional guidance. Consider speaking to a MARA-registered migration agent for your specific circumstances.

Processing time trends

The Subclass 117 is a low-volume visa. The Department of Home Affairs publishes global processing time estimates for this subclass, and historically it has sat in the range of 12 to 24 months, though this varies based on caseload, documentation completeness, and the complexity of establishing the child's circumstances.

Because this visa is rarely discussed alongside high-volume pathways like skilled migration or partner visas, there is limited publicly available trend data on month-by-month processing. The single biggest factor in processing speed is the quality and completeness of the initial document package — missing evidence of parental circumstances is the most common cause of delays and requests for further information.

For context on how the broader family stream moves, our Child visa (Subclass 101): eligibility and how to apply guide covers a closely related permanent family pathway and includes notes on family stream processing patterns.

You can track current Home Affairs processing time estimates for the Subclass 117 and other family stream visas on the Migrant Hub dashboard.

What happens after the visa is granted

The Subclass 117 is a permanent residence visa. Once granted, the child can:

• Live in Australia permanently
• Study at Australian schools and universities
• Work in Australia
• Access Medicare (subject to standard eligibility rules)
• Apply for Australian citizenship after meeting the residence requirement

The visa does not come with a return condition — the child enters as a permanent resident from first arrival.

If the sponsoring relative is a New Zealand citizen rather than an Australian citizen or permanent resident, it is worth confirming their eligibility status carefully. New Zealand citizens in Australia hold a different status from permanent residents, and not all NZ citizens qualify as sponsors for this visa. The New Zealand Citizen Family Relationship Visa (Subclass 461) is a separate pathway relevant to NZ citizens and their family members.

Common questions

Does the Subclass 117 require a points test?

No. The Orphan Relative visa is a family stream visa and has no points test, no skills assessment, and no English language requirement. Eligibility is based entirely on the child's circumstances and their relationship to the sponsoring Australian relative.

Can the child be in Australia when they apply for the Subclass 117?

No. The Subclass 117 must be applied for while the child is outside Australia, and the visa must also be granted while the child is offshore. If the child is already in Australia, a different pathway may apply — check the Department of Home Affairs website or speak to a MARA-registered migration agent.

What counts as "orphaned" for this visa — do both parents need to be deceased?

Not necessarily. "Orphan" under this visa can include situations where both parents are deceased, or where both parents are absent and unable to care for the child due to other circumstances such as incapacity or legal incapacity. The child must have no parent able to assume parental care. The Department assesses this on the evidence provided.

How long does the Subclass 117 take to process?

Historically, processing has ranged from around 12 to 24 months, but this varies by case. Documentation completeness — particularly evidence of the parents' circumstances — is the main driver of processing speed. Check the Department of Home Affairs global processing time estimates for the most current figures.

Can a sibling in Australia sponsor an orphaned child for the Subclass 117?

Yes. Siblings are among the qualifying relatives who can sponsor a child under the Subclass 117, provided the sibling is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen settled in Australia and meets the other sponsorship requirements. The exact list of qualifying relationships is defined by the Department of Home Affairs.

Where to go next

For live processing time estimates across family stream and other visa subclasses, visit the Migrant Hub dashboard.