Who is the Remaining Relative Visa Subclass 115 and 835 for?
If your only near relatives are residing permanently in Australia, you may be able to apply for a Remaining Relative Visa. This visa enables persons in these circumstances to move and live in Australia permanently, provided your near relative is willing to sponsor you and all your family members that are included in your application.
In essence, each of these visas are the same – they both enable a person whose only near relatives are living in Australia to live in Australia indefinitely. The only difference is the location of the applicant when the application was lodged and decided on – 115 visa is for offshore applicants and 835 is for onshore.
Who can sponsor me?
Being a sponsorship based visa, applicants must be sponsored by their parent, brother, sister, step-sibling or one of their partners. Your sponsor must be above the age of 18 and be a settled Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. However, there are circumstances where a child under the age of 18 can be your sponsor.
It is also a requirement that your sponsor agrees to provide you and any family member included on your application, support, accommodation, and financial assistance over the first two years of your Australian residency.
Am I Eligible for a 115 or 835 Visa?
In order to qualify for either visa, you will need to demonstrate that you meet the following minimum eligibility requirements:
- Have an eligible sponsor (see above)
- You must also have a commitment by a person or organisation prepared to provide you with an Assurance of Support – a legal document that assures the Australian Government that you will not rely on the government for two years, after you enter Australia on the visa
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- You can have up to three people provide an assurance of support for you.
- Your assurer must lodge a bond, in the form of money, with the Department. The bond is refunded to the assurer, less any social security payments you have received, two years after you first enter Australia on this visa.
- Your (and your partner’s) only near relative lives in Australia
- Meet the health and character requirements
- If you are over the age of 18, you will be required to sign an Australian Values Statement
You must be inside Australia at the time you lodge and when you were granted your visa, to qualify for a 835 visa. If you are outside of Australia when your application is lodged and granted, you will need to apply for a 115 visa.
115 and 835 Checklist
How Long Does it Take?
As the Government only provides a limited number of spaces each financial year for Remaining Relative visas, waiting times for the visa are very long. Applications are processed in the order they are lodged and once the threshold has been reached, no more visas will be granted in that financial year.
Fees & Costs
The cost of this visa is priced from $3,945. Please note that this is only the flat rate and you may be asked to pay additional costs to cover requirements such as; health assessments, police certificates and biometrics.
If you wish to add additional family members to your application, an extra fee will be imposed upon your visa application.
The Assurance of Support also requires the assurer to pay a bond of $5,000 for the main applicant and $2,000 for each adult family member included on the application, and for each applicant over the age of 18.
What Steps Should I Take to apply for a 115 or 835 Visa?
Unlike other Migration law firms, Results Migration makes the process of applying for visas straightforward. Our team of expert lawyers will work with you every step of the way and have devised a step-by-step process to ensure your application is processed as fast as possible.
1. Schedule a free consultation with our team of expert lawyers, where we will assess and advise you on the Australian visa option that best suits you.
2. At this stage, we will gather and prepare all of the documentation as well as perform any additional checks that are required to lodge a visa application.
3. We will then begin to prepare and lodge your application in a timely manner.
4. Finally, we will notify you of the outcome. If granted, you will become a permanent resident and receive the rights listed below.
Entitlements of the Remaining Relative Visa
The Remaining Relative visa will grant you permanent residence in Australia. It will allow you and your eligible family members:
- The right to stay in Australia indefinitely.
- Apply for Australian citizenship once you become eligible.
- Travel to and from Australia for up to five years.
115 and 835 Visa FAQs
When might I not be eligible for a 115 or 835 visa?
There are circumstances where you may not qualify for a Remaining Relative visa. For instance, if you or your partner’s near relative is only living in Australia on a temporary visa or a Bridging visa, or is unlawfully living in Australia or usually lives outside of Australia, then you will not be able to obtain a visa.
Also, If your sponsor or their partner was a holder, or already a sponsor for another on; a Remaining Relative visa, a Preferential Family visa or Family visa, you will not be granted a Remaining Relative Visa.
Who is a near relative?
The Department considers a near relative to be you or your partner’s parent (both biologically or step-parent), brother, sister, step sibling, child or step child who has turned 18 and is not a dependent child, or a child or stepchild who is under the age of 18 but not in you or your partner’s care and control.
From the list above, it is irrelevant as to how much contact you have with your near relative.
Can I include my family members on my application?
Upon lodging your application you may include your partner, child, step-child or your partner’s child or step-child, on your application. You will need to provide evidence of their relationship to you in your application and that they meet the relevant health and character requirements. If your family members are not included on your application and your visa has been granted, they will need to lodge a separate application under the Business Innovation and Investment (Subsequent Entrant) Visa.
What are my sponsor’s obligations?
As a sponsor, you must help them and their included family members settle in Australia by providing them support, accommodation and financial assistance for two years.
If I hold a 115 or 835 visa, can I sponsor any Relatives for a Remaining Relative Visa?
No. If you hold a 115 or 835 visa you will not be able to sponsor another relative.
Partner Visas Australia
Being one of the most multi-cultural countries in the world, Australia is currently one of the most popular destinations for migrants all over the world. Most people who have settled and made a life here [...]