Remaining Relative Visa Lawyers
Subclasses 115 & 835 are permanent visas for which the applications may be submitted by the last remaining member of the family in their own country as their entire family has moved and settled in Australia. An applicant for a Subclass 101 visa must be outside, whereas a Subclass 835 requires an applicant to be within, Australia at the time of application.
It is extremely difficult to meet the requisite criteria, as in most cases, it is rare for an individual to be both the last remaining family member in their country of citizenship whilst also having no close relatives in any other country but Australia. As a result, only a few of these visas are granted each year.
Moreover, these visas are capped with quotas per financial year. In relation to the quota, the number of applications are excessive, resulting in an extremely long processing time. The Department does not publish the standard processing times for these 2 visas but it is estimated that they may take up to 30 years or more.
Being Sponsored
The applicant must be sponsored by an:
- “Australian Relative”; and
- “Remaining Relative” of the Australian Relative.
The sponsorship must also be approved.
Australian Relative
The applicant must have an eligible parent or step-parent, sibling or step-sibling, or an eligible partner of his or her relative, who is:
- An Australian citizen;
- A permanent resident;
- An “eligible New Zealand citizen”.
Only “settled” Australian relatives count for this requirement of an Australian relative. This means they must live in Australia and have lived in Australia for a reasonable period which is generally a period of at least 2 years.
Remaining Relative
The remaining relative requirement seeks to establish whether all the “near relatives” have settled in Australia. The near relatives include:
- Parents;
- Siblings and step-siblings;
- Spouse or de facto partner;
- Children or step-children.
It also needs to be shown that the near relatives are usually resident in Australia and are Australian citizens, permanent residents or “eligible New Zealand” citizens. It must be noted at all times that the strict thresholds are in place with respect to all the criteria for Subclasses 115 and 835.
Relevant Public Interest Criteria:
4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020, 4021 and 4019 if applicable.
Relevant Special Return Criteria:
5001 and 5002
Visa Conditions
There are no conditions for this visa subclass.
Mandatory Conditions
This visa will specify a date before which you must enter Australia.
Discretionary Conditions
The following conditions may be imposed;
8502: The holder of the visa must not enter Australia before the entry to Australia of a person specified in the visa.
8515: The holder of the visa must not marry or enter into a de facto relationship before entering Australia.
Application Charges
This visa is subject to two instalments. The base application charge is payable upon the application whereas the second instalment will be requested.
- Base application charge: $4,350
- Additional applicant charge for an applicant who is at least 18: $2,175
- Additional applicant charge for an applicant who is less than 18: $1,090
- Second instalment: $2,065