Other Family Visas

Remaining Relative visa (subclass 115 and 835)

Do you have a family member who has recently lost all members of their family unit and in need of joining you in Australia? That family member may apply for the permanent Australian Remaining Relative Visa (subclass and 115 and 835) if they are a relative of an Australian citizen, permanent resident or eligible New Zealand citizen.

Now the waiting time for this visa to be granted is currently so long (50 years) that you would not seriously consider the offshore 115 visa however the onshore 835 does give a BVA and access to medicare and the possibility to obtain permission to work.

• Remaining relative requirement met
• Sponsor requirements met
• Assurance of Support
• Health and character requirements
• If the applicant is under 18, the move to Australia must be in the best interests of the child

Remaining relative

The Department of Home Affairs (DOHA) defines ‘remaining relative’ as the applicant and their partner, if applicable, having no “near relatives” other than their sponsor.

They are a relative of their sponsor:

• Parent
• Brother
• Sister
• Step-parent
• Step-brother
• Step-sister

Near relative

Remember that it needs to be proven that the applicant has no other near relatives outside of Australia. In this, the relationship and residence must be tested.

Near relatives are:

• Parents, siblings, step-parents and step-siblings of the applicant or of the applicant’s partner
• Adult non-dependent children (including step-children) of the applicant or of the applicant’s partner
• Non-adult children (including step-children) of the applicant or of the partner who are not wholly or substantially in the daily care and control of the applicant or of the applicant’s partner

  Note：

  • step children stop being near relatives if the step parent is no longer the partner of their parent.
  • The applicant cannot have any near relatives that are not Australian citizens, permanent residents or eligible New Zealand citizens.

Sponsor

An Australian citizen, permanent resident or eligible New Zealand citizen can sponsor a last remaining relative if they are:

• Over the age of 18
• Is a settled Australian citizen, permanent resident or eligible New Zealand citizen
• Is usually resident in Australia

Or is

• Over the age of 18
• Is a settled Australian citizen, permanent resident or eligible New Zealand citizen
• Is usually resident in Australia
• Is the partner of the Australian relative of the applicant (remaining relative)
• Cohabits with the partner

Interestingly, if circumstances change, an applicant can change their sponsor at any time before the visa decision is made so long as the new sponsor meets the above requirements.

Sponsorship limitations

A person who has been sponsored as a remaining relative (been granted a visa listed below) is unable to sponsor a remaining relative of their own. Also, a person who has sponsored a remaining relative (for a visa listed below) is not able to sponsor another.

The visas related to the above include:

• Preferential Family visa (subclass 104)
• Remaining Relative visa (subclass 115)
• Family visa (subclass 806)
• Remaining Relative visa (subclass 835)

There are no exemptions or waivers to this.

Assurance of Support

Assurance of Support (AoS) is a mandatory or discretionary requirement on certain family visas asking for legal commitment from a party for the financial support of the visa applicant (assuree) for a stipulated period (AoS period) after moving to Australia. This helps mitigate any or part of the financial burden that the migrating party may cause to the Australian health and welfare system. Whilst AoS is a DOHA requirement, the application is made to Centrelink and it is Centrelink that determines whether an AoS application is accepted or not. AoS is a mandatory requirement on the Remaining Relative visa (subclass 835). Often it is the sponsor who provides AoS, but other parties may do so as well.

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