Remaining Relative Visa Australia (Subclass 115 & 835)
The Remaining Relative Visa allows eligible relatives of Australian citizens, Australian permanent residents and eligible New Zealand citizens to live permanently in Australia where they have no close family members living outside Australia.
The visa category includes two subclasses:
- Subclass 115 – Offshore application pathway
- Subclass 835 – Onshore application pathway
Both visa subclasses provide permanent residence, however the location of the applicant at application and grant differs between the two pathways.
- Permanent residence visa pathway
- For applicants whose close relatives are living in Australia
- Sponsorship generally required
- Health and character requirements apply
- Pathway to Australian citizenship if eligible
What is a Remaining Relative Visa?
The Remaining Relative Visa is a family migration pathway designed for applicants whose only near relatives live permanently in Australia.
The visa recognises situations where an applicant's close family network is effectively located in Australia and allows eligible applicants to reunite with their family members on a permanent basis.
Because the visa is intended for a very specific family circumstance, applicants must carefully assess whether they satisfy the legislative definition of a remaining relative before applying.
Who Can Apply?
Applicants must satisfy a number of eligibility requirements before a Remaining Relative Visa can be granted.
Eligible Relative in Australia
The applicant must generally have an eligible relative who is settled in Australia.
Remaining Relative Requirement
The applicant must satisfy the legislative remaining relative provisions.
Sponsorship Requirement
An eligible sponsor is generally required.
Health and Character
Applicants must satisfy Australia's health and character requirements.
The Remaining Relative Requirement
This is the most important eligibility requirement for this visa category.
In broad terms, the applicant must not have near relatives living outside Australia. The Department assesses family relationships carefully to determine whether the applicant satisfies the remaining relative provisions.
The assessment can be complex because it involves examining parents, siblings and other relevant family members. Many applications require detailed evidence regarding family composition and the location of relatives.
Applicants should carefully assess this requirement before lodging a visa application.
Sponsorship Requirements
The applicant generally requires sponsorship by an eligible Australian relative.
The sponsor is usually an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is settled in Australia.
Sponsorship obligations may continue after visa grant and should be understood before lodging an application.
Health and Character Requirements
Applicants must satisfy Australia's health and character requirements before the visa can be granted.
Medical examinations, police clearances and other supporting documents may be required depending on the applicant's circumstances.
Subclass 115 vs Subclass 835
Both visa subclasses provide permanent residence for eligible remaining relatives. The primary distinction relates to where the applicant is located when the application is lodged and when the visa is granted.
Subclass 115 (Offshore)
- Permanent residence visa
- Application generally lodged outside Australia
- Applicant generally outside Australia at visa grant
- Requires eligible sponsor
- Remaining relative requirements apply
- Health and character requirements apply
Subclass 835 (Onshore)
- Permanent residence visa
- Application generally lodged in Australia
- Applicant generally in Australia at visa grant
- Requires eligible sponsor
- Remaining relative requirements apply
- Health and character requirements apply
The most appropriate pathway depends largely on the applicant's location, immigration status and personal circumstances at the time of application.
Benefits of the Visa
Both visa subclasses provide Australian permanent residence and a range of associated benefits.
Permanent Residence
Live in Australia indefinitely as a permanent resident.
Work and Study Rights
Permanent residents generally have unrestricted work and study rights.
Medicare Access
Eligible permanent residents may enrol in Medicare.
Citizenship Pathway
Eligible permanent residents may later apply for Australian citizenship.
Frequently Asked Questions
What does 'remaining relative' mean?
A remaining relative is generally a person whose only near relatives are living permanently in Australia. The Department carefully assesses family relationships and the location of relatives when determining eligibility.
What is the difference between Subclass 115 and Subclass 835?
The primary difference is the applicant's location. Subclass 115 is generally an offshore visa pathway, while Subclass 835 is generally an onshore visa pathway.
Can brothers and sisters qualify for a Remaining Relative Visa?
Potentially. However, eligibility depends on the complete family structure and whether the legislative remaining relative requirements are satisfied.
Do I need a sponsor?
Yes. An eligible sponsor is generally required for both Subclass 115 and Subclass 835 applications.
Can I include my partner in the application?
Depending on the circumstances, eligible family members may be included in the application.
Why are family composition documents so important?
The Department must determine whether the applicant truly satisfies the remaining relative provisions. Evidence relating to parents, siblings and other close relatives is often critical.
Does this visa provide permanent residence?
Yes. Both Subclass 115 and Subclass 835 provide Australian permanent residence if granted.
Can I eventually become an Australian citizen?
Eligible permanent residents may later apply for Australian citizenship if they satisfy the citizenship requirements in force at that time.
Reviewed by Principal Migration Consultant
This page has been reviewed by Mohammad Reza Azimi, Principal Migration Consultant at Shada Migration. Mohammad has assisted clients with Australian migration matters since 2009 and holds a Graduate Certificate in Migration Law from the Australian National University (ANU).
Need Help with a Remaining Relative Visa?
Remaining Relative Visa applications often require detailed assessment of family composition, sponsorship arrangements and eligibility requirements. Professional advice may assist applicants in determining whether they satisfy the remaining relative provisions before lodging an application.
