Applicant Eligibility

This page provides information on the eligibility requirements for this visa.

Sponsorship

A child may be considered an orphan relative if both parents are unable to look after the child because they are deceased, permanently incapacitated or of unknown whereabouts.

An orphan relative must be the brother, sister, grandchild, niece, nephew or step equivalent of their sponsor. The sponsor must be an Australian citizen, the holder of an Australian permanent visa, or an eligible New Zealand citizen, who undertakes sponsorship obligations.

Age

Applicant must be under 18 years of age when their visa application is lodged. If the applicant is under 18 when the visa application is lodged, but will turn 18 before the application is decided, they may still be eligible for this visa if they meet the other requirements of the visa.

Relationship status

The child must be single. They must not be married or in a de-facto relationship.

Health requirements

The applicant must meet health requirements.
See: Health requirements

Character requirements

Applicants who are 16 years of age or over must be of good character to enter or remain in Australia.
See: Character and penal clearance requirements

Best interests of the child

Where an applicant is under 18 years of age, they will need to satisfy the requirement that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant. In order to assess this requirement, sponsors of children under 18 years of age are required to submit either an Australian National Police Check or foreign police certificate/s, depending on the sponsor’s circumstances. If the sponsor has spent a total of 12 months or more in Australia since turning sixteen years of age, the sponsor must provide an Australian National Police Check. If the sponsor has not spent a total of 12 months or more in Australia since turning sixteen years of age, the sponsor must provide police certificates from each country in which they have spent a total of 12 months or more in the last 10 years since turning sixteen years of age.
See:
Stronger Measures for the Protection of Children
National Police Checks
Note: Sponsors required to submit a National Police Check must complete the National Police Check application form which is available from the Australian Federal Police website. Sponsors should use Code 33 at Question 1 on the form and include details of all names they have been known by. If an AFP Certificate is provided based on incorrect information, the department may request another certificate. Fingerprints are not required for National Police Checks.
See: Character Requirements Penal Clearance Certificates (233KB PDF file)

Reliance on social security

If the applicant, or their sponsor, is likely to become a high user of Australia's social security system, an Assurance of Support (AoS) from an Australian citizen or Australian permanent resident may be required. If required, the department will advise how an Assurance of Support can be obtained.
See: Assurance of Support

When a child may not be eligible

A child applying in Australia may not be eligible to be granted this visa, if the child or their accompanying family members:

• do not currently hold a substantive visa, and
• have not applied for the Orphan Relative visa within twelve (12) months of their previous substantive visa ceasing.

If the above circumstances apply to the child, please contact the nearest departmental office before lodging an application for this visa.
See: Contact Us – Child Visas

 

Before lodging an application, please read all related eligibility requirements.
See: Other eligibility