Remaining Relative Visa (Subclass 835 & Subclass 115)

Australia’s Remaining Relative Visa is a family migration pathway designed for eligible people who have their only close family relationships in Australia. It can provide a pathway to permanent residence for applicants who meet the strict requirements of the relevant visa subclass.

The two main Remaining Relative visa options are Subclass 835 (Remaining Relative) for eligible applicants who are in Australia and Subclass 115 (Remaining Relative) for eligible applicants who are outside Australia.

These visas have specific eligibility and sponsorship requirements. The applicant generally needs to demonstrate that they have no other near relatives outside Australia who could provide the relevant family connection.

At Shanovia, we help applicants understand the requirements, prepare supporting documents and navigate the application process based on their individual circumstances.

Overview of Remaining Relative Visa Australia

The Remaining Relative Visa is intended for eligible applicants whose only near family relationships are with Australian citizens, Australian permanent residents or eligible New Zealand citizens.

Because this is a family migration visa with strict eligibility requirements, applicants need to carefully establish their family relationships and demonstrate that they satisfy the relevant requirements.

The visa can provide eligible applicants with an opportunity to reunite permanently with their close family members in Australia.

Remaining Relative Visa Requirements

Applicants must meet specific requirements before applying for Subclass 835 or Subclass 115.

Relationship to an Australian Citizen or Permanent Resident

The applicant must have the required family relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen who meets the relevant requirements to sponsor the application.

The applicant’s family circumstances are important when assessing eligibility because the Remaining Relative Visa is specifically intended for people who do not have other eligible near relatives outside Australia.

No Near Relatives Outside Australia

One of the most important requirements is demonstrating that the applicant does not have a near relative outside Australia who falls within the relevant definition under the visa requirements.

This requirement can be complex because the Department considers specific family relationships and circumstances when assessing whether an applicant qualifies.

Assurance of Support

An Assurance of Support may be required for certain Remaining Relative visa applications. An assurer agrees to provide financial support and may be responsible for repaying certain social security payments received by the visa holder during the assurance period.

The exact requirements depend on the visa subclass and circumstances of the applicant.

Health Requirements

Applicants and certain family members may need to meet Australia’s health requirements.

The Department may request medical examinations or additional health information as part of the visa assessment.

Character Requirements

Applicants may need to satisfy Australia’s character requirements and provide police certificates or other relevant documents where requested.

The Department assesses character requirements according to the applicant’s circumstances and applicable Australian migration law.

Application Process

The Remaining Relative Visa application process can involve detailed documentation and extensive assessment.

1. Assess Your Eligibility

The first step is to determine whether you meet the requirements for Subclass 835 or Subclass 115.

The applicant’s location, family relationships and circumstances will determine which subclass may apply.

2. Choose the Appropriate Visa Pathway

Subclass 835 is intended for eligible applicants who are in Australia, while Subclass 115 is for eligible applicants who are outside Australia.

Understanding the difference is important before preparing the application.

3. Prepare Supporting Documents

Applicants need to gather documents proving their identity, family relationships, sponsorship arrangements and other relevant circumstances.

4. Submit the Application

The application should be completed using the current application process and instructions provided by the Department of Home Affairs.

Applicants should ensure that the required visa application charge and supporting documents are provided correctly.

5. Complete Health and Character Requirements

If requested by the Department, applicants must complete the required health examinations and provide police certificates or other character documents.

6. Provide Additional Information

The Department may request additional documents or information while assessing the application.

Applicants should respond within the timeframe specified in the request.

7. Wait for the Visa Decision

Once the application and relevant checks have been completed, the Department will make a decision and notify the applicant.

Shanovia can assist applicants in understanding the process and responding to relevant requests throughout the application journey.

Remaining Relative Visa Processing Time

Remaining Relative Visa applications can take a significant amount of time to process.

Processing times may vary depending on factors such as:

  • The completeness of the application.
  • The complexity of the applicant’s family circumstances.
  • Health and character checks.
  • Verification of supporting documents.
  • Requests for additional information.
  • The number of applications being processed by the Department.

Applicants should check the latest processing information from the Department of Home Affairs because processing times can change.

It is advisable to prepare a complete application and provide accurate supporting evidence to minimise avoidable delays.

Rights and Benefits of Remaining Relative Visa

An approved Remaining Relative Visa is a permanent visa. Eligible visa holders may receive a range of benefits associated with Australian permanent residency, subject to the applicable rules.

Permanent Residency in Australia

The Remaining Relative Visa can allow an eligible applicant to live permanently in Australia.

Permanent residents may be able to live, work and study in Australia subject to applicable laws and conditions.

Work Rights

Permanent residents generally have the right to work in Australia.

This provides visa holders with the opportunity to pursue employment and contribute to the Australian workforce.

Study Rights

Permanent residents can generally study in Australia.

Depending on the course and circumstances, permanent residents may also be eligible for certain government-supported education arrangements.

Travel Facility

Permanent residency does not automatically provide unlimited international travel.

A permanent visa generally includes a travel facility that allows the holder to travel to and from Australia for a specified period. After the travel facility expires, a Resident Return Visa (RRV) or another appropriate travel authority may be required to return to Australia as a permanent resident.

Access to Healthcare

Eligible permanent residents may be able to enrol in Medicare, Australia’s public healthcare system, subject to Medicare eligibility requirements.

Family Reunification

One of the main purposes of the Remaining Relative Visa is to help eligible applicants reunite with their close family members in Australia.

Living with family can provide applicants with greater family support and the opportunity to build their lives together in Australia.

Access to Certain Government Services

Permanent residents may become eligible for certain government services and social security payments, subject to waiting periods, eligibility rules and other applicable conditions.

Visa holders should check their eligibility for individual benefits rather than assuming that every government payment is immediately available after receiving permanent residence.

Required Documents for Remaining Relative Visa Subclass 835 and 115

The documents required can vary depending on the applicant’s individual circumstances. Common documents may include:

  1. Identity Documents: Valid passport, birth certificate and other identity documents.
  2. Relationship Evidence: Birth certificates, marriage certificates, adoption documents or other evidence establishing the relationship with the Australian relative.
  3. Family Evidence: Documents demonstrating the applicant’s family circumstances and relevant relatives inside and outside Australia.
  4. Sponsorship Documents: Evidence that the sponsor meets the relevant Australian citizenship, permanent residence or eligible New Zealand citizenship requirements.
  5. Health Documents: Medical examination results or other health-related documents requested by the Department.
  6. Character Documents: Police certificates and other documents required to satisfy character requirements.
  7. Additional Supporting Evidence: Any other documents requested by the Department based on the applicant’s circumstances.

Providing complete and accurate documentation is important because missing or inconsistent information may result in additional requests and delays.

Why Choose Shanovia for Your Remaining Relative Visa?

Applying for a Remaining Relative Visa can be complex because applicants need to satisfy strict family relationship and eligibility requirements.

Shanovia provides guidance to help applicants understand the process and prepare their applications carefully.

Expert Knowledge and Experience

Our team can help you understand the relevant family migration requirements and identify the visa pathway that may apply to your circumstances.

Tailored and Personalised Service

Every family situation is different. We take your individual circumstances into consideration when providing guidance regarding eligibility, documentation and the application process.

Minimising Errors and Delays

Incomplete or inconsistent documentation can create unnecessary delays. We help you organise and review the required documents before submission.

Comprehensive Support

From initial eligibility assessment and document preparation to application submission and responding to Department requests, Shanovia can provide support throughout the visa process.

Client-Centred Approach

We aim to make the visa process easier to understand by keeping applicants informed about important steps and requirements throughout their application journey.

Ongoing Guidance

Australian immigration requirements can change over time. Our team can help applicants understand the current requirements applicable to their visa application.

Conclusion

The Remaining Relative Visa Subclass 835 and Subclass 115 can provide eligible applicants with a pathway to permanent residence in Australia and the opportunity to reunite with their close family members.

However, these visas have specific eligibility and sponsorship requirements, particularly concerning the applicant’s family relationships and relatives outside Australia.

Preparing a complete and accurate application is important for avoiding unnecessary delays and additional requests.

Shanovia can assist you in understanding the Remaining Relative Visa requirements, preparing supporting documents and navigating the application process.

If you are looking to reunite with your family in Australia, contact Shanovia for professional guidance and support with your Remaining Relative Visa application.

Sachin Kumar Bairagi

Founder — Shanovia