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Subclass 115 Remaining Relative visa
Enjoy life in Australia with the people who matter
The subclass 115 Remaining Relative Visa is a permanent visa appropriate for applicants who are the sole member of their family living in their home country and who have near relatives living in Australia as citizens, permanent residents, or eligible New Zealand citizens.
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The Australian Migration Lawyers difference
Fixed price
There are no hidden costs for our services. Our fees are clearly set out in a fee agreement.
Deal direct with a lawyer
From the first same-day response to the granting of your visa, you’ll have direct access to a lawyer.
Clear communication
Our experienced lawyers will give you regular updates and clear explanations of visa pathways.
Satisfaction guarantee
We offer a client satisfaction guarantee in relation to our visa application services.
Installments available
3 - 6 months installment options available on some visa types.
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What is a Remaining Relative visa?
This visa allows individuals to relocate to Australia to live with their only near relative who is a settled Australian citizen, permanent resident or eligible New Zealand citizen. This is a great way to reunite family members and reduce the loneliness felt by families that are geographically separated. It is a suitable option for older parents with no remaining relatives left in their country, or siblings who are the only family member left outside Australia.
Eligibility requirements for a Remaining Relative visa
The following eligibility criteria must be met to apply for this visa:
- Be the only remaining relative of either an Australian citizen, a permanent resident, or an eligible New Zealand citizen, currently residing outside of Australia
- Have assurance of support from your Australian relative that confirms they can financially support you
- Be outside of Australia when applying for the visa and at the time of decision
- Meet the health requirements
- Meet the character requirements
The sponsor must meet the following eligibility criteria:
- Be an Australian citizen, permanent resident or an eligible New Zealand citizen
- Be settled in Australia
- Be over 18 years of age
- Have not previously sponsored someone on a Remaining Relative visa (Subclass 835 or 115) , Preferential Family visa (Subclass 104) or Family visa (Subclass 806)
Benefits of the Remaining Relative visa
There are many advantages of the Remaining Relative visa, aside from being reunited with your family in Australia. This visa also gives you the ability to:
- Live in Australia permanently
- Work and study in Australia
- Travel in and out of Australia for 5 years. A Resident return visa will need to be applied for after the five year period if you wish to re-enter Australia as a permanent resident.
- Enrol in Australia’s public healthcare scheme (Medicare)
- Add additional family members to the application
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Remaining Relative visa checklist
To support the visa application, the Australian government requires the following documents to be provided:
- Passport
- Birth certificate
- National identity card (if applicable)
- Police clearance certificate
- Health examination
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How the Remaining Relative visa works
To apply for this visa, you must submit a Remaining Relative visa application along with all the documents mentioned above. Applications are made on paper, so all forms and evidence required must be submitted by post. You will need to be outside Australia when you make the application and when you receive the decision.
Given the comprehensive nature of the required documentation, and the fact that all evidence has to be submitted on paper, it is advisable to seek legal assistance, as insufficient evidence could potentially lead to processing delays for your application.
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Future visa pathways
The Remaining Relative visa allows you to live in Australia indefinitely as a permanent resident. With this visa you can be reunited with your closest family members and share in life’s special moments with them. Furthermore, if you meet the eligibility requirements, this visa serves as a direct route to obtaining Australian citizenship.
Benefits of using an immigration lawyer
The Australian Migration Lawyers team brings a wealth of knowledge. We have a strong track record of success in handling Family visas and various primary applications and are experienced with complex cases. One of our main priorities is to make justice more accessible, a commitment we uphold by representing every individual who entrusts us with their visa application.
Our team is made up of Australian lawyers who have a deep understanding of Australian laws and legal precedents to provide guidance for your visa application. We also offer advice on other available migration pathways and strategies. As legal professionals, we ensure that your visa application meets all of the Department’s requirements thereby increasing your chances of a visa grant.
We provide support throughout the entire application process, from initial preparation to the visa's approval, including working closely with you to handle any inquiries from the Department of Home Affairs.
- At Australian Migration Lawyers, our team consists of certified Australian lawyers who harness their profound understanding of Australian laws and legal precedents to offer guidance for your visa application. We also advise on other migration avenues and strategies at your disposal.
- As legal professionals, we bear the responsibility of ensuring that your visa application aligns with all statutory prerequisites, thereby naturally increasing your chances of a favourable outcome.
- We extend our assistance with preparing your application right through to the visa's approval, including collaborating with you to address any additional requests made by the Department of Home Affairs.
Remaining Relative visa costs
There are two main costs associated with remaining relative visas:
Professional fees
Our fees will vary depending on the circumstances of your application. Some applications will be more complex than others, and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about what the total costs associated with their visa application will be. We offer payment plans based on different financial needs to provide flexibility for our clients.
Department fees
The current fee for the Department of Home Affairs in relation to Remaining Relative visas is $4,990 and is to be paid in two installments. Payment can be made using debit/credit card, PayPal, UnionPay and BPAY.
Visa application process
Applying for a visa to Australia can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you apply for the right visa.
1. Consultation and engagement
Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
2. Preparation and support
We will prepare written submissions in support of your visa application. This will be based on your individual circumstances, and supported by evidence where appropriate.
3. Submission and communication
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.
4. Representation and success
We will keep you informed about your application, and notify you of the outcome. If you receive an unfavourable outcome and we can reapply, we will!
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Processing times
The processing time for Remaining Relative visas can be quite long, with the Department currently listing wait times of at least 24 years due to the demand for visas under this category being greater than the number of places available each year. If the application is incomplete, there may be further delays or the risk of refusal after waiting years for the application to be processed. Therefore, it is advised to consult with legal practitioners to avoid additional delays or denials.
Conditions
The following visa conditions may be attached:
- You must not arrive before the specified person in the visa has entered Australia: you cannot enter Australia before the named sponsor in the visa has entered Australia; and / or
- You must not marry or enter into a de facto relationship before entering Australia: the department may cancel your visa if they discover you were engaged, married, or in a de facto relationship before they granted you the visa.
Meet your Australian Migration Lawyer
We’re a diverse team of professionals with decades of combined experience. We care about your situation and will make sure you always get the support and advice you need.
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Locations
We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
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Hobart
Learn moreFrequently asked questions
Read our most frequently asked questions about Remaining Relative visas.
Who are considered near relatives?
A near relative includes:
- Parent/step-parent
- Partner’s parent/step-parent
- Sibling/ Step sibling
- Child/ stepchild over the age of 18 who is not a dependent child
What is considered ‘settled’?
A sponsor must be ‘settled’ meaning ‘usually resident’ in Australia.
What is assurance of support?
An assurance of support is a legally binding document whereby the sponsor agrees provide financial support to the applicant in their migration process so that the applicant is not reliant on the Australian government when they enter the country.
About the content author
Perry Q Wood is National President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.
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