Orphan Relative Visa Subclass 117 Application Process Requirements

August 11, 2023    Immigrationlawyers
Orphan Relative Visa Subclass 117 Application Process Requirements

Orphan Relative Visa (Subclass 117) – Offshore

Family is the definition of love and support, which provides a nurturing environment for children to grow and thrive. However, circumstances sometimes arise where children find themselves without parents or are unable to be cared for by them. In such cases, the Orphan Relative Visa (Subclass 117) offers a ray of hope, providing a way for orphaned children to reunite with their families in Australia.

Let us explore the details of the Orphan Relative Visa (Subclass 117) and the role of lawyers towards these vulnerable children.

What is the Orphan Relative Visa (Subclass 117)?

The Orphan Relative Visa (Subclass 117) is designed to enable a child who is under 18 years of age and has lost their parents or is unable to be cared for by them to live with their eligible relatives in Australia. This visa provides a way for the families to reunite and offer a supportive environment for orphaned children within a caring family network.

Read Also – Adoption Visa Requirements

Requirements for an Orphan Relative Visa (Subclass 117)

Meeting the requirements for the Subclass 117 visa is crucial for the successful application process. Let us discuss them in detail.

1. Age Requirement

To be eligible for the Subclass 117 visa, the child must be under 18 years old at the time of application. However, applicants who are over 18 years old may still be considered if they war dependent on the eligible relatives before turning 18.

2. Orphaned

The primary criterion for the visa Subclass 117 is that the child must be orphaned, meaning they have lost both parents or they are unable to be cared for by either of their parents due to reasons such as abandonment, neglect, or an unsafe living environment.

3. Eligible Relative in Australia

To be eligible for the Subclass 117 visa, the child must have an eligible relative in Australia who is willing to sponsor them. An eligible relative can be a sibling, grandparent, aunt, uncle, or step-relative, provided they are an Australian citizen, permanent resident or eligible New Zealand citizen.

4. Assurance of Support

The eligible relatives in Australia must provide an assurance of support. This is a legal commitment to financially support the child and any accompanying family members during their initial stay in Australia. The assurance of support ensures that the child will not rely on government support during their first years in the country.

Read Also – How to Appeal Against Visa Rejection

5. Health and Character Requirements

Applicants and their accompanying family members must meet the health and character requirements as part of the visa application process. Health examinations and police clearance certificates may be required.

6. Evidence of the Orphan’s Situation

The applicant must provide evidence to support their claim of being orphaned or unable to be cared for by their parents. This may include official documentation such as death certificates or court orders.

How to Apply for Orphan Relative Visa (Subclass 117)?

You can now apply if you are eligible for the Orphan Relative Visa (Subclass 117). Get an idea of the detailed application process as we discuss below.

1. Gather the Required Documents

The first step in applying for the Orphan Relative Visa Offshore Subclass 117 is to gather all the necessary documents, such as birth certificates, relationship proofs with the eligible relative in Australia, health examination reports, and character certificates.

2. Online Application Lodgement

The visa application can be lodged online through the Department of Home Affairs website. Applicants must provide accurate and complete information to ensure a smooth application process.

3. Pay the Visa Application Charge

Applicants are required to pay the visa application charge at the time of applying. The cost of the visa application charge may vary and is subject to change, so it is essential to check the current fee before proceeding.

4. Medical and Character Assessment

As part of the visa application process, the child and accompanying family members must be medically tested and provide police clearance certificates to meet health and character requirements.

5. Assurance of Support

The eligible relatives in Australia must provide an assurance of support, demonstrating their financial capacity to support the child and any accompanying family members.

6. Visa Grant

If the application meets all requirements and is approved, the Department of Home Affairs will grant the Orphan Relative Visa (Subclass 117). The visa allows the child to live in Australia permanently, study, and work without restrictions.

Roles of Lawyers in Orphan Relative Visa (Subclass 117)

The application process can be complex for this visa and difficult. In such cases, the lawyers play an important role in managing the legal details and ensuring a smooth and successful visa application.

1. Comprehensive Assessment of Eligibility

Lawyers specializing in immigration law thoroughly assess the eligibility of the child and their accompanying family members for the Subclass 117 visa. They carefully analyze the circumstances and provide valuable insights into whether the applicant meets the required criteria, such as age, orphan status, and eligibility of the relatives in Australia.

2. Legal Advice and Guidance

Lawyers play a pivotal role in providing legal advice and guidance throughout the application process. They explain the visa requirements, assist in gathering the necessary documents, and guide applicants on the appropriate steps to follow to avoid potential delays or rejections.

3. Document Preparation and Compilation

Applying for an offshore visa like this involves preparing and compiling various documents, including proof of relationship, evidence of orphan status, health examinations, and police clearance certificates. Lawyers help the applicants organize and present these documents to support their case.

4. Lodging the Visa Application

The child visa lawyer in Perth is responsible for lodging the visa application on behalf of the applicant. They ensure the application is accurately completed and submitted within the specified timeframe. This reduces the risk of errors or omissions that could affect visa processing.

5. Communication with the Department of Home Affairs

Lawyers act as the bridge between the applicant and the Department of Home Affairs. They handle all communication with the department, respond to queries, and provide necessary updates throughout the visa processing period.

6. Addressing Complex Issues

In some cases, the visa application may encounter complex legal issues or challenges. Lawyers can easily address such complexities and provide legal solutions to overcome hurdles that may arise during the application process.

7. Assurance of Support

Lawyers work closely with their relatives in Australia to provide assurance of support. They help prepare and submit the necessary financial documentation to demonstrate the relative’s ability to support the child and any accompanying family members.

8. Monitoring Visa Processing Times

Visa processing times can vary for offshore applicants. Lawyers keep track of the processing times and ensure that the application progresses efficiently. They may also make inquiries or follow up with the department as needed.

9. Representing Applicants in Legal Matters

Suppose the visa application faces challenges or complications; Immigration lawyers in Perth represent the applicant in legal matters. They can advocate on behalf of the applicant to solve any issues or disputes that may arise during the application process.

10. Providing Timely Updates

Throughout the visa application journey, lawyers keep clear communication with their clients and provide regular updates on the progress of the application. This ensures that applicants are well-informed and aware of the status of their visa application.

Conclusion

The Orphan Relative Visa (Subclass 117) allows orphaned children to find parental love and care within their extended family in Australia. This visa not only helps various families to reunite but also opens doors to a brighter future by granting permanent residency to the child. By creating a supportive and loving environment, the Subclass 117 visa plays a significant role in nurturing the well-being and growth of these vulnerable children.

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