This visa allows a remaining relative of an Australian Citizen or Permanent Resident to stay in Australia permanently. The applicant must be in side Australia while applying for this visa.
This is a permanent visa that lets a remaining relative of a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen stay in Australia.
The visa holders have full work and study rights to work anywhere in Australia.
If you have dependent children, then they can be included in your visa application. You may be eligible to sponsor other eligible relatives to migrate to Australia after you are granted the visa 835.
Remaining Relative Subclass 115 is lodged while the applicant is outside Australia, Whereas Remaining Relative Subclass 835 is lodged while the applicant is inside Australia, and is thus granted bridging visa, allowing them to lawfully remain in Australia, while their application is under processing.
You can travel to and from Australia as many times as you want for 5 years from the date this visa is granted. This is as long as the travel facility on this visa remains valid. If you want to travel after the initial 5-year travel facility then you will need to apply for and be granted a Subclass 155 or Subclass 157 Resident Return Visa(RRV) so you can re-enter Australia as a permanent resident. You can also apply for Australian citizenship and get an Australian passport, which then you can use to leave and re-enter Australia.
Base Application Charge: A$4425; Additional applicant charge for any other applicant who is at least 18: A$2215; Additional applicant charge for any other applicant who is less than 18: A$1110. Second installment (payable before grant of visa): A$2095.
Standard Stream: Remaining Relative visa applications have a queue date up to August 2011.
You must be sponsored for this visa by an eligible relative or relative's partner, and your sponsorship must be approved. You and your Partner must never have held or sponsored someone else who was granted a Remaining Relative visa (Subclass 835 or Subclass 115) or Preferential Family visa (Subclass 104) or Family visa (Subclass 806).
The applicant and their partner (if any) must have no near relatives other than those who are usually resident in Australia, and are Australian citizens, an Australian permanent resident or eligible New Zealand citizens. Near relatives are, parents, siblings, step-parents and step-siblings of the applicant or of the applicant’s partner, adult non-dependent children (including step-children) of the applicant or of the applicant’s partner, non-adult children (including step-children) of the applicant or of the partner who are not wholly or substantially in the daily care and control of the applicant or of the applicant’s partner.
You must be able to obtain an assurance of support. An assurance of support assures us that you will not have to rely on government assistance after you enter Australia on this visa. The assurance is for you and any family members who come to Australia with you on this visa. Sponsorship obligations last for 2 years from the date when the applicant first enters Australia on the visa.
The sponsor must agree that, for the first 2 years the visa applicant is in Australia on this visa, the sponsor will provide the applicant and any family members who come with them with: support, accommodation and financial assistance. An assurance of support is a legal commitment to repay the Australian Government any welfare payments made to a visa holder or family who come to Australia with them.
The requirements that the sponsor must meet at the time of application for the visa for which the sponsored person has applied are that the sponsor must be the child of the applicant; is an Australian citizen or an Australian Permanent Resident or an Eligible New Zealand citizen; and is settled and usually resident in Australia.
Assessment of settled at time of visa application can be considered met unless there are significant extended periods of absence prior to making the visa application (for example, the sponsor has been absent from Australia for two years immediately prior to the date of application, and is outside Australia at the time of application).
At time of decision, there are three categories within which a sponsor can meet the ‘settled’ requirement:
Category 1: If the sponsor has been lawfully resident in Australia for two years, (as at time of visa application) (discounting short trips outside Australia for up to four months), this is generally considered to be a ‘reasonable period’. A sponsor could come within this category even if they are outside Australia at the time the visa application is made.
Category 2: If the sponsor is currently in Australia but has been outside Australia for more than four months in the two-year period immediately preceding the date the visa application was made, they must provide some documentary evidence showing that they are currently settled in Australia.
Category 3: If the sponsor is not in Australia, and has not been in Australia for the full two years preceding the application (discounting short trips to Australia under four months), they must provide some documentary evidence as to the reason for the absence and establish that they meet the ‘settled’ requirement.
The evidence for being usually resident somewhere may be seen in a variety of factors, including; maintaining a home in a particular place, going to work there, owning property, business or other interests there, having family and other ties in the place. Absence from a place at a particular time does not automatically mean it is not a person’s usual residence, as the person may have already established usual residence there in circumstances where their absence is still consistent with having usual residence in that place.
1. Identity documents such as passport, birth certificate, proof of name change such as marriage or divorce certificate.
2. If you have ever changed your name then name change evidence.
3. Provide an overseas police certificate from every country, including your home country, where you spent a total of 12 months or more in the last 10 years since you turned 16, any military service records or discharge papers if you served in the armed forces of any country.
4. Passport size photographs.
5. Medical examinations.
6. If you applied for a different parent visa, for which a decision has not yet been made, then you must withdraw that application at the same time that you apply for this visa.
7. Your application must be sponsored (Form 40 Sponsorship for migration to Australia) by an eligible sponsor.
8. Evidence that you meet the balance of family test by how you are related to each child, evidence of each child's country of permanent residence and evidence that your child should not be included in the balance of family test (for example, their death certificate).
9. Provide an assurance of support when you are asked for it.
10. For every dependant under 18 years old who is applying with you, provide identity documents; evidence of your relationship with them such as a birth or marriage certificate; and character documents, if applicable. If you are applying as a retiree you can't include your children, or your partner's children, in your application.
11. To be included in your visa application as a dependent child, your child must be; under 18 years, or over 18 years of age but not yet turned 23, and dependent on you or your partner, or over 23 years of age; and unable to earn a living to support themselves due to physical or cognitive limitations and dependent on you or your partner.
12. Complete Form 40 Sponsorship for migration to Australia and give the completed form and all other documents to the applicant to lodge with their visa application.
13. Proof that you are a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen related to the main applicant.