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Australia Immigration

Remaining Relative Visas Australia: Requirements & Application Guide

Last updated: May 18, 2024 8:54 am
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Key Takeaways:

  • A remaining relative visa requires sponsorship by a close family member in Australia who is a citizen, permanent resident, or eligible New Zealand citizen.
  • Eligible sponsors include parents, step-parents, siblings, step-siblings, and their partners, provided they haven’t sponsored previous visa applicants.
  • Applicants must be sponsored, have no near relatives abroad, and their sponsors must have an assurance of support agreement.

Imagine moving to a faraway land with the security of knowing you have family there to support you. This is what Australia’s Remaining Relative Visas—Subclasses 115 and 835—aim to offer. These visas allow individuals with close family living in Australia a chance to join them and build a life together in this beautiful country. However, this opportunity comes with specific requirements that must be met and a detailed application process that must be navigated.

In the following sections, we will delve into who can sponsor you for a Remaining Relative Visa, the eligibility criteria you need to satisfy, and the guidelines that ensure your application is successful. Whether your sponsor is a parent, sibling, or their partner, the steps outlined will help clarify if this pathway is the right one for you and your family. Get ready to discover how you can reunite with your loved ones and make Australia your new home.

What is a Remaining Relative Visa in Australia?

A remaining relative visa is a permanent family visa you can apply for if you have a close family member living in Australia. Your family member must sponsor you to get this visa, and you are required to provide evidence of your familial relationship with your sponsor.

Who Can Sponsor Me for a Remaining Relative Visa?

Your family members can sponsor you if they are:

  • An Australian citizen
  • An Australian permanent resident
  • A New Zealand-eligible citizen

Additionally, the sponsor must fall into one of the following categories:

  • Your parent or step-parent
  • Your sibling or step-sibling
  • Your relative’s eligible partner

Are There Restrictions on Sponsorship?

Yes, your sponsor must not have previously sponsored anyone for the following visas, nor should they have held these visas themselves:

  • Remaining relative visa – subclass 835
  • Preferential family visa – subclass 104
  • Family visa – subclass 806

For more detailed requirements and application guidelines, you can visit the official Australian Government immigration page.

This streamlined approach ensures you understand who can sponsor you and the restrictions involved, making the process of applying for a remaining relative visa in Australia clearer.

Are You Eligible to Apply for a Relative Visa?

To determine if you qualify for a relative visa, check if you meet the following criteria:

  • You are sponsored by an eligible parent, step-parent, sibling, or step-sibling who is over 18.
  • Your sponsor is an Australian citizen, permanent resident, or an eligible New Zealand citizen.
  • You or your partner don’t have a near relative who lives outside of Australia.
  • You and your partner don’t have a near relative in Australia under a temporary visa or staying illegally; temporary visas include bridging visas.
  • You have an assurance of support.

What Is Assurance of Support?

Assurance of Support is crucial for your relative visa application. Your sponsor must have this agreement with the Australian government.

  • This agreement states that your sponsor will repay the government for any income support provided to you.
  • It ensures you can move to Australia without causing financial strain on the country.

For detailed information on the assurance of support and other requirements, visit the official Australian government immigration site.

Ensure you meet all the above conditions to simplify your relative visa application process!

What Documents Do You Need for an Australia Relative Visa?

Remaining Relative Visas Australia: Requirements & Application Guide
Remaining Relative Visas Australia: Requirements & Application Guide

Do You Have a Valid Passport?

  • Valid Passport: You must have a valid passport and submit copies of your passport pages.
  • ID Card & Name Change Certificates: If applicable, submit a copy of your ID card and any certificates showing a name change.

How to Complete the Relative Visa Form?

  • Visa Form: Fill out the remaining relative visa form and submit it with the rest of your documents.

What Should Your Sponsor Provide?

  • Sponsor Documents: Your sponsor must complete and send you Form 40.

How to Prove Your Relationship with Your Sponsor?

  • Proof of Relationship:
  • Birth Certificate
  • Marriage Certificate
  • Death Certificate
  • Adoption Papers
  • Family Book

How to Show You Are of Good Character?

  • Good Character Evidence:
  • Submit police certificates detailing your criminal history only if requested by the Department of Home Affairs.

What if You Are Applying with a Partner?

  • Partner Documents:
  • Identification Documents
  • Character Documents
  • Proof of Relationship (Marriage Certificate or Registered Relationship Proof)

What to Submit for Dependants Under 18?

  • Documents for Dependants Under 18:
  • Identification Documents
  • Proof of Relationship
  • Parental Consent (Form 1229) or Statutory Declaration
  • Form 1257 (if the child won’t live with family or legal guardians)

What Do Dependants Over 18 Need?

  • Documents for Dependants Over 18:
  • Identity Documents
  • Character Documents (if applicable)
  • Dependency Form 47a
  • Proof of Dependency (Social or Financial)

Can Someone Help You with Your Application?

  • Help Documents: If someone assists with your application, fill out either form 956a or form 956.

For more detailed information on documentation and submission, visit the official Australian Government Department of Home Affairs.

How Do You Apply for an Australia Relative Visa?

Applying for a remaining relative visa involves several essential steps. Here’s a detailed guide to help you through the process.

What Are the Steps to Apply for a Relative Visa?

  1. Pay the First Instalment
  2. Submit Your Visa Application
  3. Wait for the First Assessment
  4. Wait for the Second Assessment
  5. Pay the Second Instalment

How Do You Pay the First Instalment for the Visa?

Before you can apply for the remaining relative visa, you must pay the first installment of the visa fee. This payment is made online through your ImmiAccount. Follow these steps:

  • Log into your ImmiAccount: If you don’t have an account, you will need to create one.
  • Find the payment option: Navigate through your account to process the payment.

“You won’t be able to pay for the visa in another way if you don’t have an ImmiAccount.”

How Can You Submit Your Visa Application?

For a remaining relative visa, applications must be submitted on paper. Here’s how:

  • By Post or Courier: Send your application to the address provided in your visa application form.
  • Certify Your Documents: Ensure all your certificates and photocopies are certified. Detailed instructions on preparing these documents are available on the application guidelines.

What Happens During the First Assessment?

Once you send your application, it enters the first stage of processing:

  • Queuing Process: Your application will wait in a queue until a spot becomes available for you.

What Occurs During the Second Assessment?

After your application clears the queuing process, it undergoes a second assessment:

  • Department of Home Affairs Review: Your application will be evaluated again.
  • Notification for Second Fee: You may receive a notification to pay the second application fee.

How Do You Pay the Second Instalment?

Upon completion of the second assessment stage, you need to pay the second installment fee:

  • Finalizing Payment: This payment is required to receive your relative visa.
  • Notification of Decision: You will be informed in writing about the decision from the Department once the payment is received.

What Are the Costs Involved with the Remaining Relative Visa?

The total cost for a remaining relative visa is AUD 6,490, divided into two installments:

  • First Instalment: AUD 4,425
  • Second Instalment: AUD 2,065

Additionally, fees apply for each extra family member included in your application.

For detailed information and official guidelines, visit the Australian Government’s Department of Home Affairs.

By following these steps, you can smoothly navigate the application process for a remaining relative visa, ensuring all requirements are properly met.

How Long Does It Take to Get a Remaining Relative Visa?

The waiting period for a remaining relative visa can be quite lengthy. After your application is placed in a queue, it might take up to 50 years. As of February 2021, the Department of Home Affairs is working on applications with a queue date up to August 2, 2011.

How Long Is a Remaining Relative Visa Valid in Australia?

A remaining relative visa grants permanent residency, valid indefinitely. However, it includes a travel expiry date, which occurs five years after issuance. If you need to travel outside Australia after this period, you must apply for a Resident Return Visa (RRV).

  • Resident Return Visa (RRV): This visa allows you to maintain your permanent resident status while traveling freely for another five years.
  • Citizenship Option: If you meet the eligibility criteria, applying for Australian citizenship is another alternative to secure your travel rights.

Can You Be Sponsored by a Second Cousin for a Relative Visa?

No, second cousins cannot sponsor you for a relative visa. Only near relatives can act as sponsors. These include:

  • Parent or step-parent
  • Sibling or step-sibling
  • Partner of one of these relatives

Can Family Members Apply Together for a Remaining Relative Visa?

Yes, you can apply along with family members who are part of your family unit. The family unit includes:

  • Your spouse or partner
  • Your or your partner’s minor child
  • Your or your partner’s adult dependent child
  • Your or your partner’s grandchild (adult or dependent)

What Is the Difference Between Subclass 115 and 835?

The key distinction between these visa subclasses lies in the applicant’s location during the application process:

  • Subclass 115: This visa is for applicants outside Australia.
  • Subclass 835: This visa is for applicants within Australia. To be eligible, you must hold a valid visa while applying.

For more in-depth information, you can refer to the official Australian Government Department of Home Affairs.

Sure, here’s a list of official resources that can provide useful information and assistance for those seeking to apply for a Remaining Relative Visa in Australia:

1. Australian Government Department of Home Affairs – Remaining Relative Visa (Subclass 835 & 115)

  • Link: Subclass 835
  • Link: Subclass 115
  • Description: These pages contain comprehensive information about the Remaining Relative Visas, including eligibility requirements, application processes, fees, and required documentation.

2. ImmiAccount for Online Services

  • Link: ImmiAccount Login
  • Description: Use this portal to manage your visa applications, including paying fees and tracking the status of your application. An ImmiAccount is crucial for online visa application processes.

3. Assurance of Support Information

  • Link: Assurance of Support
  • Description: The Services Australia webpage explains the Assurance of Support scheme, including obligations and the process for sponsors to provide financial support for the visa applicant.

4. Forms Relevant to Remaining Relative Visa Applications

  • Link: Form 47AO – Application for Remaining Relative Visa
  • Link: Form 40 – Sponsorship for Migration to Australia
  • Description: These official forms are needed for the visa application. Form 47AO is the main application form, while Form 40 must be completed by the sponsor.

5. Resident Return Visa Information

  • Link: Resident Return Visa (Subclass 155 and 157)
  • Description: This page provides detailed information about the Resident Return Visas, which are necessary if the applicant holds a permanent visa and intends to travel outside Australia after the travel facility on their Remaining Relative Visa expires.

Additional Useful Resources:

6. Character Requirements for Migration

  • Link: Character Requirements
  • Description: Information about the character requirements for visa applicants, including police clearance certificates and other documentation evidence required to prove good character.

7. Visa Fees and Charges

  • Link: Visa Pricing Estimator
  • Description: This tool helps you estimate the cost of your visa application based on your specific circumstances and the visa subclass.

By referring to these resources, applicants can gather all necessary information and forms, ensure they meet all conditions, and navigate the application process efficiently.

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