The Remaining Relative visa (subclass 115) is a permanent visa for people who want to live in Australia to be with their only near relatives.
The application must be made outside Australia and the individual must be outside Australia when the visa is granted.
An individual might be eligible for this visa if:
- Their (and their partner’s) only near relatives live in Australia
- An eligible near relative or their partner will sponsor them and all family members included as applicants in their application
- They have someone who will provide an assurance of support
- They and their family members meet health and character requirements.
An individual should not apply for this visa unless they believe they are likely to be successful, because the visa application charge will not usually be refunded if their application is refused or withdrawn.
What does this visa allow for: –
This permanent visa allows the individual and their family to:
- Stay in Australia indefinitely as an Australian permanent resident
- Apply for Australian citizenship (if they are eligible)
- Travel to and from Australia as a permanent resident for five years from the date the visa is granted – after that time they will need to apply for another visa if they want to return to Australia.
The Australian Government limits the number of Remaining Relative visas it grants each year.
Who is a near relative?
A near relative is the individual’s parent or their partner’s parent (including biological and step-parent), brother, sister, stepbrother or stepsister; child (including stepchild) who has turned 18 and is not a dependent child; or child (including stepchild) who has not yet turned 18 years of age and is not in the individuals or individuals partner’s daily care and control.
Who is the sponsor:
The sponsor must be the individuals parent, brother, sister, stepbrother or stepsister or one of their partners. They must agree to give support, accommodation and financial assistance for the individuals first two years of residency in Australia. This agreement includes any family members included as applicants in your application.
The sponsor must be 18 years of age or older and one of the following:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen.
The sponsor must be settled in Australia.
When an individual might not be eligible for this visa
An individual should not apply for this visa if:
- They or their partner have any near relatives, who are usually living outside Australia, or are only living in Australia on a temporary visa, Bridging visa or unlawfully.
- Their sponsor (or their partner) was the holder of, or sponsored someone else for, a Remaining Relative visa (subclass 835 or subclass 115), Preferential Family visa (subclass 104) or Family visa (subclass 806).
In addition to the above-mentioned conditions, there are other factors and criteria to be taken into consideration.