# Orphan Relative

> visa-117 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

Subclass 117—Orphan Relative
117.1—Interpretation

117.111
               In this Part:
               Australian relative means a relative of the applicant who is an Australian citizen,
               an Australian permanent resident or an eligible New Zealand citizen.
               Note:     dependent child, eligible New Zealand citizen, relative and settled are defined in
                         regulation 1.03, orphan relative is defined in regulation 1.14, de facto partner is
                         defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in
                         section 5F of the Act (also see regulation 1.15A).


117.2—Primary criteria
               Note:     The primary criteria must be satisfied by at least one member of a family unit. The
                         other members of the family unit who are applicants for a visa of this subclass need
                         satisfy only the secondary criteria.

117.21—Criteria to be satisfied at time of application

117.211
               The applicant:
                (a) is an orphan relative of an Australian relative of the applicant; or
                (b) is not an orphan relative only because the applicant has been adopted by
                    the Australian relative mentioned in paragraph (a).

117.212
               The applicant is sponsored:
                (a) by the Australian relative, if the relative:
                      (i) has turned 18; and
                     (ii) is a settled Australian citizen, a settled Australian permanent resident,
                          or a settled eligible New Zealand citizen; or
                (b) by the spouse or de facto partner of the Australian relative, if the spouse
                    or de facto partner:
                      (i) has turned 18; and
                     (ii) is a settled Australian citizen, a settled Australian permanent resident
                          or a settled eligible New Zealand citizen; and
                    (iii) cohabits with the Australian relative.









117.22—Criteria to be satisfied at time of decision

117.221
               The applicant:
                (a) continues to satisfy the criterion in clause 117.211; or
                (b) does not continue to satisfy that criterion only because the applicant has
                    turned 18.

117.222
               The sponsorship referred to in clause 117.212 has been approved by the Minister
               and is still in force.
               Note:     Regulation 1.20KB limits the Minister’s discretion to approve sponsorships.


117.223
               The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005,
               4009, 4010, 4020 and 4021.

117.224
               If the Minister has requested an assurance of support in relation to the applicant,
               the Minister is satisfied that the assurance has been accepted by the Secretary of
               Social Services.

117.225
          (1) Each member of the family unit of the applicant who is an applicant for a
              Subclass 117 visa is a person who satisfies public interest criteria 4001, 4002,
              4003, 4004, 4005, 4009, 4010 and 4020.
          (2) Each member of the family unit of the applicant who is not an applicant for a
              Subclass 117 visa is a person who:
               (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
               (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it
                   would be unreasonable to require the person to undergo assessment in
                   relation to that criterion.

117.226
               If a person (in this clause called the additional applicant):
                 (a) is a member of the family unit of the applicant; and
                 (b) has not turned 18; and
                 (c) made a combined application with the applicant—
               public interest criteria 4015 and 4016 are satisfied in relation to the additional
               applicant.








117.227
               If the applicant has not turned 18, public interest criteria 4017 and 4018 are
               satisfied in relation to the applicant.

117.3—Secondary criteria
               Note:     These criteria must be satisfied by applicants who are members of the family unit of a
                         person who satisfies the primary criteria.

117.31—Criteria to be satisfied at time of application

117.311
               The applicant is a member of the family unit of, and made a combined
               application with, a person who satisfies the primary criteria in
               Subdivision 117.21.

117.312
               The sponsorship referred to in clause 117.212 of the person who satisfies the
               primary criteria includes sponsorship of the applicant.

117.32—Criteria to be satisfied at time of decision

117.321
               The applicant continues to be a member of the family unit of a person who is the
               holder of a Subclass 117 visa.

117.322
               The sponsorship referred to in clause 117.312 has been approved by the Minister
               and is still in force.

117.323
               The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005,
               4009, 4010, 4020 and 4021.

117.324
               If the Minister has requested an assurance of support in relation to the person
               who satisfies the primary criteria, the Minister is satisfied that:
                 (a) the applicant is included in the assurance of support given in relation to that
                      person, and that assurance has been accepted by the Secretary of Social
                      Services; or
                 (b) an assurance of support in relation to the applicant has been accepted by
                      the Secretary of Social Services.








117.325
               If the applicant has not turned 18, public interest criteria 4017 and 4018 are
               satisfied in relation to the applicant.

117.4—Circumstances applicable to grant

117.411
               The applicant must be outside Australia when the visa is granted.

117.5—When visa is in effect

117.511
               Permanent visa permitting the holder to travel to and enter Australia for a period
               of 5 years from the date of grant.

117.6—Conditions

117.611
               First entry must be made before a date specified by the Minister for the purpose.

117.612
               Either or both of conditions 8502 and 8515 may be imposed.
