Australia Visa – Family – Remaining Relative Visas

1. What is a Remaining Relative visa for Australia?


A Remaining Relative visa for Australia is a type of family migration visa that allows an individual to migrate to Australia to join their relatives who are already permanent residents or citizens in the country. This visa category is designed for individuals who have no other close relatives outside of Australia and are unable to reunite with their immediate family members due to the geographical distance.

2. Who can apply for a Remaining Relative visa?

A Remaining Relative visa can be applied for by someone who meets all of the following criteria:

– Is a relative of an Australian citizen or permanent resident, usually a brother, sister or child
– Has no other close relatives living outside Australia
– Is at least 18 years old
– Meets health and character requirements
– Can demonstrate that they have not been able to form another core family unit as an adult (e.g. marry or have children)
– Has a sponsoring relative in Australia who is willing and able to provide support and accommodation for at least 2 years.

3. How do I apply for a Remaining Relative visa?

To apply for a Remaining Relative visa, you must first have your sponsor (Australian relative) lodge an application on your behalf. The sponsor will need to complete Form 47SP Sponsorship for a Partner to Migrate to Australia.

Once the sponsorship has been accepted, you can then lodge your visa application online through ImmiAccount. You will need to provide supporting documents such as identity documents, proof of relationship with your sponsor, evidence of no other close relatives living outside Australia, and health and character certificates.

4. What is the processing time for a Remaining Relative visa?

The processing time for a Remaining Relative Visa varies depending on factors such as the number of applications being processed at the time, completeness of application and documentation submitted, and any issues that may require further investigation. On average, it takes between 24-31 months from the date of lodgement until a decision is made on the application.

5. Is there a limit on the number of Remaining Relative visas issued each year?

There is no limit on the number of Remaining Relative visas that can be issued each year. However, due to the long processing time and high demand for this visa category, the Australian government may set an annual cap on places available for this visa.

6. Can I work or study in Australia with a Remaining Relative visa?

Yes, you can work and study in Australia with a Remaining Relative visa. This visa allows you to stay in Australia indefinitely and also provides you with certain entitlements such as access to Medicare (Australia’s public health care system) and the ability to sponsor eligible relatives for permanent residence.

7. Can I travel outside Australia while holding a Remaining Relative Visa?

Yes, as a holder of a Remaining Relative Visa, you are allowed to travel outside of Australia as many times as you like during the initial five years after the visa is granted. After this initial period, if you wish to leave and re-enter Australia, you will need to apply for an entry permit.

8. Can I include my partner or children in my application for a Remaining Relative Visa?

No, partners or children cannot be included in your application for a Remaining Relative Visa. They will need to apply separately under another category of family migration, such as Partner or Child visas.

9. Can my sponsor withdraw their sponsorship after my visa has been granted?

If your sponsor withdraws their sponsorship after your visa has been granted but before you have travelled to Australia, the Department of Home Affairs may revoke your visa before its grant took effect.

10. What happens if I do not meet all requirements for a Remaining Relative Visa

If at any stage during the application process or after a decision is made it is discovered that you do not meet all legal requirements for a Remaining Relatives Visa then it will not be granted and could potentially lead to cancellation of your current visa.

It is important to carefully assess your eligibility and ensure that you meet all requirements before applying for a Remaining Relative Visa to avoid any issues or delays in the application process. Alternatively, you may seek the assistance of an immigration lawyer or registered migration agent who can guide you through the application process and help ensure that your visa is granted successfully.

2. Who can apply for a Remaining Relative visa?

– A Remaining Relative visa can be applied for by a person who is the brother, sister or adult child (over 18 years) of an Australian citizen or permanent resident who does not have any family members other than those living in Australia. The applicant must also pass the balance of family test, which means at least half their living relatives (parents, siblings, children) are settled in Australia as citizens or permanent residents, and demonstrate that they have no other close relatives outside of Australia.

In addition to meeting these criteria, the applicant must also meet health and character requirements and have a sponsor who is willing and able to provide support during the initial settlement period in Australia.

3. What are the eligibility criteria for a Remaining Relative visa?


The eligibility criteria for a Remaining Relative visa include:

1. Being an eligible relative of an Australian citizen or permanent resident who is settled in Australia

2. Being single and have no spouse or de facto partner

3. Having no other close relatives, either living outside Australia or living in Australia but do not have the means to support you financially

4. Meet health and character requirements

5. Have an assurance of support from your relative in Australia who is sponsoring you for the visa

6. Be able to pass the balance of family test, which requires that at least half of your siblings live lawfully and permanently in a specified country (usually Australia)

7. Not have any outstanding debts to the Australian government

8. Meet any additional requirements specified by the Department of Home Affairs for your specific circumstances.

It is important to note that satisfying these criteria does not guarantee approval of the visa, as there are also quotas on how many Remaining Relative visas can be granted each year.

4. How long does it take to process a Remaining Relative visa application?


The processing time for a Remaining Relative visa application can vary depending on individual circumstances, but it can take anywhere from 18 months to 2 years for a decision to be made. This timeframe also includes the time it takes for the sponsorship and nomination processes to be completed. Delays can also occur if further information or documentation is required from the applicant. It is important to keep in mind that this processing time can change without notice and is not guaranteed by the Department of Home Affairs.

5. Is there a limit on the number of Remaining Relative visas issued each year?


Yes, there is a limit on the number of Remaining Relative visas (subclass 115) issued each year. This visa falls under the Australian government’s Special Eligibility stream which has a set number of places available each program year. The number of available places can change from year to year and is determined by the Australian government.

6. Can I include my spouse and children in my Remaining Relative visa application?


Yes, you can include your spouse and children in your Remaining Relative visa application. They will need to meet the eligibility requirements for this visa category and be included in your application at the time of submission. If they are not included in the initial application, they will not be able to join you at a later date.

7. Do I need to have a sponsor for my Remaining Relative visa application?


Yes, you will need to have a sponsor for your Remaining Relative visa application. A sponsor is an Australian citizen or permanent resident who agrees to support and provide financial assistance to you during your first two years in Australia. The sponsor must also be related to you as a grandparent, parent, brother/sister, niece/nephew, aunt/uncle, or step-equivalent. They must also be at least 18 years old and meet certain financial requirements set by the Department of Home Affairs.

8. What are the financial requirements for a Remaining Relative visa?


The financial requirements for a Remaining Relative visa can vary depending on the specific country of residence and your relationship to the sponsor. Generally, the sponsor needs to demonstrate they have sufficient funds to support you and any accompanying family members without relying on government assistance, such as income support or unemployment benefits. This usually involves providing evidence of income, assets, and financial resources.

Some countries may also require a bond or financial guarantee in addition to the standard income requirements. It is important to check with the immigration authorities in your desired country for specific financial requirements for a Remaining Relative visa.

9. Can I work in Australia on a Remaining Relative visa?


Yes, you can work in Australia on a Remaining Relative visa. This visa allows you to live and work in Australia permanently without any restrictions on employment. However, you will need to meet all other eligibility criteria and obtain any necessary work permits or licenses for your occupation.

10. Can I study in Australia on a Remaining Relative visa?

No, you cannot study in Australia on a Remaining Relative visa. This type of visa does not allow for study or work eligibility in Australia. If you are interested in studying in Australia, you will need to apply for a student visa.

11. Is there an age limit for applicants of the Remaining Relative visa?


Yes, the applicant must be under 18 years old or over the age of 18 and not yet married to be eligible for the Remaining Relative visa. There is no upper age limit for applicants.

12. What documents do I need to provide for a Remaining Relative visa application?


The following documents are generally required for a Remaining Relative visa application:

1. Completed visa application form (form 47CH)
2. Valid passport or travel document
3. Proof of relationship to the sponsor, such as birth certificate, marriage certificate, or proof of legal adoption
4. Evidence that you and your sponsor are the only remaining relatives of each other
5. Proof of identity and character, such as police certificates and medical examination results
6. Proof of financial support and accommodation by your sponsor
7. Sponsorship form (form 40SP) completed by your Australian sponsor
8. Two recent passport-sized photographs
9. Proof of health insurance coverage for the duration of your stay in Australia
10. Evidence that you meet the health and character requirements for an Australian visa
11. Proof of payment of the relevant visa application fees.

It is important to note that additional documents may be requested by the Department of Home Affairs depending on your individual circumstances. It is recommended to consult with a qualified migration agent or lawyer for assistance with preparing a complete and thorough visa application.

13. Can I apply for permanent residency through a Remaining Relative visa?


Yes, it is possible to apply for permanent residency through a Remaining Relative visa. However, this typically requires having a close family member who is an Australian citizen or permanent resident and being sponsored by them as your remaining relative. The process for obtaining permanent residency through this visa is typically more complex and time-consuming than other pathways, so it is important to carefully consider all options before applying. Additionally, there are strict eligibility requirements that must be met in order to qualify for the Remaining Relative visa. It is recommended to seek professional advice from an immigration lawyer or registered migration agent before proceeding with this application.

14. How do I prove that I am the sole remaining relative of my sponsor in Australia?


1. Gather supporting documents: The first step in proving that you are the sole remaining relative of your sponsor is to gather all relevant supporting documents, such as birth certificates, marriage certificates, death certificates, and any other official records that prove your relationship with the sponsor. These documents should clearly show your name and the names of your parents as well as your sponsor’s name.

2. Obtain a letter of support from a family member who can confirm your relationship with the sponsor: If possible, ask a family member who can provide a personal statement or letter of support confirming the relationship between you and your sponsor. This letter should clearly state their knowledge of your relationship and why you are considered to be the sole remaining relative.

3. Provide evidence of communication and contact: If you have been in regular communication with your sponsor, provide evidence of this through letters or emails exchanged between the two of you. This will help demonstrate that you have maintained a close relationship even though you may be living in different countries.

4. Obtain affidavits from family friends or community members: You can also obtain affidavits or statutory declarations from family friends or community members who can attest to your close relationship with the sponsor.

5. Provide proof of financial dependency: If you are financially dependent on the sponsor, provide evidence such as bank statements or money transfers to show that they have been providing financial support for you.

6. Submit any relevant medical records: If there is a medical condition that requires ongoing care from your sponsor, provide medical records to show how they have been supporting you in this aspect.

7. Obtain legal advice: It may be helpful to seek legal advice from an immigration lawyer who can guide you on what specific documents and evidence will strengthen your case.

8. Follow all instructions provided by the Department of Home Affairs (DHA): Make sure to carefully follow all instructions provided by DHA when submitting your application for proof of being the sole remaining relative.

9. Be honest and transparent: It is important to be honest and transparent throughout the application process. Any false or misleading information could jeopardize your chances of being recognized as the sole remaining relative.

10. Keep copies of all documents submitted: Make sure to keep copies of all documents you submit with your application in case they are requested by DHA for further verification.

11. Allow sufficient processing time: Processing times for these types of applications can vary, so it is important to allow sufficient time for your application to be reviewed and processed by DHA.

12. Be prepared for an interview: In some cases, DHA may request an interview as part of the assessment process. Be prepared to answer questions about your relationship with the sponsor and provide further evidence if necessary.

13. Seek support from your sponsor’s friends or colleagues in Australia: If possible, reach out to any friends or colleagues that your sponsor may have in Australia who can support your claim as the sole remaining relative.

14. Appeal any decision that does not recognize you as the sole remaining relative: If your application is denied, you have the right to appeal the decision by providing additional evidence or appealing through legal channels.

15. Can I apply for other types of visas while holding a Remaining Relative visa?


Yes, you are allowed to apply for other types of visas while holding a Remaining Relative visa. However, it is important to note that this may affect your eligibility for the Remaining Relative visa if it is found that there has been a significant change in circumstances or if you no longer meet the criteria for the visa. It is recommended that you consult with an immigration lawyer before applying for any other visas while holding a Remaining Relative visa.

16. What happens if my sponsor’s circumstances change after my application has been submitted?


If your sponsor’s circumstances change after your application has been submitted, you should inform the immigration authorities immediately. Depending on the type of change, it may affect your application and you may need to provide additional information or documentation. For example, if your sponsor loses their job, you may need to show that they still have enough funds to support you during your stay in the country. It is important to keep the immigration authorities updated and follow any instructions they give you.

17.Given the long processing times, can I enter Australia on another temporary visa while waiting for my remaining relative visa application to be processed?


Yes, you can enter Australia on another temporary visa while your remaining relative visa application is being processed. However, you must ensure that you meet the requirements and conditions of the temporary visa and that it does not conflict with your remaining relative visa application. Once your remaining relative visa is granted, you must inform the Department of Home Affairs and comply with the conditions of that visa.

18.What kind of support will I receive from the Australian government as a holder of this Visa?

As a holder of the Australian Electronic Travel Authority (ETA) Visa, you will not receive any specific support from the Australian government. However, you can contact the Department of Home Affairs if you have any questions or need assistance with your travel to Australia. Additionally, as an ETA visa holder, you are entitled to certain rights and protections under Australian law, such as access to healthcare services and legal assistance if needed.

19.Can I travel outside of Australia while holding this Visa?

Yes, as long as your visa is valid and you have a valid passport, you can travel outside of Australia while holding this visa. However, keep in mind that leaving and re-entering Australia may affect your eligibility for permanent residency or citizenship in the future. It’s best to consult with an immigration lawyer before making any travel plans.

20.Will obtaining PR through this Visa allow me to bring other family members to live with me in Australia?


It is possible to include certain family members as secondary applicants in your PR application and bring them to live with you in Australia. However, this will depend on their relationship to you and their eligibility for PR. You may need to meet specific criteria and provide evidence of your relationship, financial support, and ability to settle in Australia. It is recommended that you consult with a migration agent or the Department of Home Affairs for more information on including family members in your PR application.