Australian family migration pathway
Remaining Relative Visa Australia (Subclass 115 & 835)
The Remaining Relative Visa is a permanent family migration pathway for people whose only near relatives are in Australia and who satisfy the specific Remaining Relative requirements.
There are two pathways: Subclass 115 for eligible applicants applying from outside Australia and Subclass 835 for eligible applicants applying while in Australia.
- Subclass 115Offshore pathway — the applicant must be outside Australia when applying and when the visa is decided.
- Subclass 835Onshore pathway — the applicant must be in Australia when applying and when the visa is decided.
- Visa outcomeBoth subclasses are permanent residence visas if granted.
- Important timingRemaining Relative applications are subject to capping and queueing and can involve very long processing periods.
Stage 1
Understand the Remaining Relative Visa
The Remaining Relative Visa is intended for a narrow group of applicants whose close family network is effectively in Australia. It is not a general family sponsorship visa and the family-composition test is central to eligibility.
Permanent Residence
Both Subclass 115 and Subclass 835 are permanent visas. If granted, the visa holder can live in Australia permanently and access the rights associated with permanent residence, subject to the applicable rules.
Two Location Pathways
Subclass 115 is the offshore pathway. Subclass 835 is the onshore pathway. The applicant's location is important both when applying and when the visa is decided.
Narrow Eligibility Test
The application must satisfy the legislative Remaining Relative requirements. Family composition and the location and status of near relatives need careful assessment before lodging.
Stage 2
Check the Remaining Relative Requirement
The Remaining Relative requirement is usually the most important part of the application. It requires more than simply having a close relative living in Australia.
Near Relatives
The Department examines the applicant's near relatives and their circumstances. Parents, siblings and other relationships falling within the relevant definition can affect eligibility.
Where Relatives Live
The location and residence status of near relatives must be established with evidence. An apparently simple family structure can become complex where relatives live in several countries.
Assess Before Lodging
A full family-tree assessment should be completed before an application is lodged. One relevant near relative outside Australia can materially affect whether the Remaining Relative test is met.
Stage 3
Compare Subclass 115 and Subclass 835
The two subclasses have the same broad family-migration purpose, but the applicant-location rules are different and should be checked carefully.
Remaining Relative Visa — Offshore
The applicant must be outside Australia when the application is made and outside Australia when the visa is decided.
- Permanent visa
- Offshore application pathway
- Eligible sponsorship required
- Remaining Relative criteria apply
Remaining Relative Visa — Onshore
The applicant must be in Australia when the application is made and in Australia when the visa is decided.
- Permanent visa
- Onshore application pathway
- Eligible sponsorship required
- Remaining Relative criteria apply
For an onshore applicant, existing visa status and any conditions affecting the ability to make a valid application should be checked before lodging a Subclass 835 application.
Stage 4
Check the Sponsorship Requirements
The applicant requires an eligible sponsor. Sponsorship should be assessed together with the visa application rather than treated as a separate administrative step.
Eligible Australian Relative
The sponsor must satisfy the relevant relationship, status and settlement requirements. Australian citizenship, permanent residence or eligible New Zealand citizenship may be relevant depending on the circumstances.
Relationship Evidence
Identity documents, birth certificates and other civil records may be needed to establish the exact relationship between the applicant and sponsor.
Sponsor Responsibilities
The sponsor should understand the financial and settlement responsibilities associated with the application, including the separate Assurance of Support requirement.
Stage 5
Understand the Assurance of Support
Remaining Relative visas require an Assurance of Support before the visa can be granted. This is intended to reduce the risk that the visa holder will need to rely on certain Australian social-security payments during the assurance period.
Separate Assessment
The Assurance of Support is administered separately from the visa application. The assurer must meet the applicable requirements when the assurance is requested.
Financial Capacity
The assurer's financial circumstances are assessed under the applicable Assurance of Support rules. Do not assume that visa sponsorship automatically means the person can provide the assurance.
Timing Matters
Because these visas can remain queued for a long period, the Assurance of Support is generally dealt with when requested rather than being treated as a one-off document prepared years in advance.
Stage 6
Prepare the Family and Eligibility Evidence
Remaining Relative applications depend heavily on documentary evidence because the Department must understand the applicant's complete family structure and the circumstances of relevant relatives.
Family Composition
Prepare a clear family tree supported by birth, marriage, death and other civil records where relevant. Names and relationships should be consistent across the application.
Residence and Status
Evidence may be required to establish where near relatives live and their immigration or citizenship status. The evidence should address the actual eligibility test rather than merely list relatives.
Health and Character
Health examinations, police certificates and other character information may be required as the application progresses. Requests should be followed within the required timeframe.
Stage 7
Understand Capping, Queueing and Processing
Remaining Relative visas are part of the Other Family visa program and are subject to capping and queueing. Demand is greater than the number of places available, so processing can be very lengthy.
Subclass 115
Check the current Home Affairs requirements for the offshore Remaining Relative Visa.
Subclass 835
Check the current Home Affairs requirements for the onshore Remaining Relative Visa.
Queue Release Dates
Home Affairs publishes the current queue-release dates and processing information for Remaining Relative and other Other Family visas.
A queue date does not guarantee a particular grant date. Home Affairs releases queued applications for final processing according to available program places and the published queue arrangements.
Stage 8
Frequently Asked Questions
Select a question to expand the answer.
What is the difference between Subclass 115 and Subclass 835?
Subclass 115 is the offshore Remaining Relative pathway. The applicant must be outside Australia when applying and when the visa is decided. Subclass 835 is the onshore pathway and requires the applicant to be in Australia at both stages.
Does having a brother or sister in Australia automatically make me eligible?
No. Eligibility depends on the complete family structure and whether the applicant satisfies the legislative Remaining Relative definition. The circumstances of other near relatives can affect the result.
Do I need a sponsor?
Yes. Both pathways require eligible sponsorship. The sponsor's relationship to the applicant, Australian status and other sponsorship requirements need to be established.
Is an Assurance of Support required?
Yes. An Assurance of Support is required before a Remaining Relative visa can be granted. The assurer is assessed separately under the applicable Assurance of Support rules.
Why do Remaining Relative visas take so long?
Remaining Relative applications are subject to annual visa caps and a queue. The number of applicants exceeds the places available, so applications can remain queued for a lengthy period before final processing.
Can eligible family members be included in the application?
Eligible members of the family unit may be included where the visa requirements are met. Their health, character and other applicable requirements also need to be considered.
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).
Next step
Book a Remaining Relative Visa Consultation
Before lodging a Subclass 115 or Subclass 835 application, it is important to check the complete family structure, applicant-location rules, sponsorship and long-term queue implications.
