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Remaining Relative Visas Subclass 115/835

What is the Remaining Relative Visa?

The Remaining Relative Visas (Subclass 115 & 835) offer a pathway for individuals to live permanently in Australia with their only near relatives who are Australian citizens, permanent residents, or eligible New Zealand citizens. The Subclass 115 visa is for offshore applicants, while the Subclass 835 is for those already in Australia.


At Kris Ahn Lawyers, we specialise in guiding families through the complex process of applying for these visas, offering personalised support from eligibility assessments to visa approval, ensuring a smooth journey to family reunion.

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Key Features of the Remaining Relative Visa

Permanent Residency

Visa holders can live permanently in Australia with their eligible family members.

Work and Study

You will have full work and study rights in Australia.

Healthcare

Visa holders can access Medicare, Australia’s public healthcare system.

Pathway to Citizenship

After holding the visa and meeting residency requirements, you may be eligible to apply for Australian citizenship.

Eligibility Requirements

To apply for the Remaining Relative Visa (Subclass 115 & 835), you must meet the following requirements:

Relationship Requirement

You must be the last remaining near relative of an Australian citizen, permanent resident, or eligible New Zealand citizen.

Sponsor Requirements

The sponsor must be an eligible relative who is willing and able to sponsor the applicant. They must be an Australian citizen, permanent resident, or eligible New Zealand citizen.

Health and Character Requirements

You must meet the necessary health and character requirements, including undergoing medical checks and providing police clearances.

The Application Process

1

Gather Documentation

Collect all required documents, including identity documents, proof of relationship to the sponsor, and medical assessments.

2

Lodge the Application

Submit your visa application along with the required supporting documents, including health and police clearances.

3

Health and Character Checks

Complete the required health checks and submit police clearances for any country where you have lived for 12 months or more over the last 10 years.

4

Await Decision

The Department of Home Affairs will assess your application. Processing times can vary based on the completeness of your application and the demand for this visa.

Key Differences Between Subclass 115 and Subclass 835

Subclass 115

This visa is for applicants who are applying from outside Australia (offshore).

Subclass 835

This visa is for applicants who are already in Australia (onshore) and want to remain in the country permanently.

Conditions:

Both visas offer the same benefits, but the Subclass 835 visa allows individuals to apply while in Australia, potentially offering bridging visa benefits during processing.

Application Fees

The fees for applying for the Remaining Relative Visa include:

Visa Application Fee - Base application charge

AUD 5,125

Additional applicant charge 18 and over

AUD 2,565

Additional applicant charge under 18

AUD 1,285

Health Checks and Police Clearances:

Additional fees for required medical exams and police checks.

Document Translations:

If applicable, fees for translating documents not in English apply.

Health and Character Requirements

Both the applicant and the care recipient must meet the following:
Health Requirements

You must undergo health assessments to meet the Department of Home Affairs’ criteria.

Character Requirements

You must provide police clearance certificates from all countries where you have lived for at least 12 months over the last 10 years.

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The Role of the Sponsor

The sponsor plays an essential role in the Remaining Relative Visa application:

Sponsorship Requirements

The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen, and they must meet financial and accommodation support obligations for the applicant.

Financial and Accommodation Responsibilities

The sponsor must demonstrate that they can financially support and accommodate the visa holder during their stay in Australia.

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Common Mistakes to Avoid

Incomplete Documentation

Ensure all required documents, including medical assessments and sponsorship details, are complete and accurate to avoid processing delays.

Misunderstanding Sponsorship Requirements

Be sure the sponsor meets the financial and accommodation support requirements before lodging the visa application.

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How Can We Help?

At Kris Ahn Lawyers, we provide expert guidance throughout the Remaining Relative Visa (Subclass 115 & 835) application process. We assist in preparing the necessary documentation, ensuring that all requirements are met, helping you avoid common pitfalls. With extensive experience in handling complex cases, we offer personalised services to ensure a successful outcome.

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Frequently Asked Questions

Yes, you can include your spouse or dependent children in the visa application, provided they meet the eligibility requirements.

If your sponsor’s circumstances change during the processing of your visa, they must notify the Department of Home Affairs immediately, as this could impact the visa application.

Processing times can vary but generally take several years due to the limited number of visa places available.

You must undergo a health assessment and provide police clearances from countries where you have lived for at least 12 months in the last 10 years.

Yes, after holding a Remaining Relative Visa and meeting the residency requirements, you may be eligible to apply for Australian citizenship.

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