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Child Visa (Orphan Relative - sub-class 117)

Child Visa (Orphan Relative - sub-class 117)

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Old Apr 27th 2014, 12:42 pm
  #1  
bangoo_baba
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Post Child Visa (Orphan Relative - sub-class 117)

Dear All,

I got skilled immigration visa (176) and entered into Australia in september 2013.
I have a spouse and two children (3 year and 1 year).

I got job in my own technical profession just a couple of months before. In total I have been on the status of Australian permanent residence since the last 7 months.

Just a week before, my younger sister died (during maternity procedure) leaving away 2 year Son and one new born baby daughter. My brother in law is doctor however still a student at higher level specialization based studies.

Now the 2 year son and new born baby is in big trouble. Both the children do not have support for their better care or look after. My family members (mother and a married sister) are not in social, financial and physical fit position to continue look after for these children.

We intend to apply for the children (My Two Year Nephew and new born Niece) on the Orphan Relative visa (offshore) (subclass 117).

Therefore, I appeal and request the knowledgeable person on this forum to guide me for the application of this visa.

Your input and informative response may bring a major prosperity and hope for a better life of these two orphan children.

Thanking You and Looking Forward,

Asif.

Last edited by asif_bangash; Apr 27th 2014 at 12:46 pm.
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Old Apr 27th 2014, 12:57 pm
  #2  
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Default Re: Child Visa (Orphan Relative - sub-class 117)

According to this page - http://www.immi.gov.au/Visas/Pages/117.aspx - the visa would only be available if the remaining parent is unable to look after them because of incapacity, not because they choose not to. If your brother-in-law is a doctor, how will you argue that he cannot look after them? (Presumably he could interrupt his further studies)
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Old Apr 27th 2014, 12:58 pm
  #3  
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Default Re: Child Visa (Orphan Relative - sub-class 117)

But the children aren't orphans, they have a father
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Old Apr 27th 2014, 1:45 pm
  #4  
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Default Re: Child Visa (Orphan Relative - sub-class 117)

Would their father be willing for you to adopt them? If so, there is the adoption visa, but I presume there will be a lot of other hoops to jump through first as you are living in Australia.
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Old Apr 27th 2014, 4:09 pm
  #5  
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Default Re: Child Visa (Orphan Relative - sub-class 117)

I remember looking into a similar situation when my sister wanted me to be the guardian for her children if she and her husband passed away. The adoption/orphan option would only work if both parents are deceased. Otherwise you would be looking at standard procedures for adoption, and I would advise you to talk to a MARA agent before trying to go any further. This could have serious ramifications on the child's future.
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