What are Australia Remaining Relative Visas – Subclass 115 & 835?
The journey to securing an Australian visa is a complex and often challenging process. For those with family members already residing in Australia, the Australia remaining relative visas under subclasses 115 and 835 offer you an opportunity to reunite with them. The Subclass 115 and 835 visas are a part of the Australian Family Migration stream, designed to facilitate the reunion of family members with their loved ones who are either Australian citizens, permanent residents, or eligible New Zealand citizens. These visas are often referred to as “Remaining Relative Visas,” and they are specifically meant for individuals who have no close relatives in their home country and wish to join their family in Australia.
The only thing that differentiates the Remaining Relative Visa (Subclass 115) from the Remaining Relative Visa (Subclass 835) is that the former is an offshore visa application. This means that the Remaining Relative Visa (Subclass 835) is for those who are outside Australia when they fill out and submit the application and also when the visa is granted.
While the Remaining Relative Visa (Subclass 835) is an onshore visa application, this means that this visa is for those who are inside Australia when they fill out and submit the application and also when the visa is granted.
Both the remaining relative visas mentioned above are permanent visas.
Benefits of Australia Remaining Relative Visas (Subclass 115 & 835)
- Permanent Residency: Successful applicants are granted permanent residency in Australia, allowing them to live and work in the country indefinitely.
- Access to Healthcare: Visa holders can access Australia’s world-class healthcare system, Medicare, for free or at a reduced cost.
- Educational Opportunities: Subclass 115 and 835 visa holders have the privilege of enrolling in Australia’s excellent education system, including schools and universities.
- Opportunity for Citizenship: Over time, visa holders may become eligible to apply for Australian citizenship.
Eligibility Criteria for Australia Remaining Relative Visas (Subclass 115 & 835)
- You must be sponsored by a qualified parent or stepparent, a sibling or stepsibling, or a family member’s eligible partner.
- You must be able to acquire assurances of assistance. An assurance of support guarantees that you will not require government help after entering Australia on this visa.
- You and any family members who apply for the visa with you must satisfy the Australian health and character requirements.
- Your immigration history will be taken into consideration when making a decision on your application; therefore, if you have had a visa revoked or refused, you may be ineligible for this visa.
- If you or any family members owe the Australian Government money, you must have paid it back or have an approved repayment plan in place.
- If you are 18 or older, you must have read or had explained the Life in Australia pamphlet, Sign an Australian Values Statement stating that you will uphold the Australian way of life and obey Australian laws
Document Checklist for Australia Remaining Relative Visas (Subclass 115 & 835)
- You must have a valid passport since you are expected to submit a copy of your passport pages. You may also need to produce a copy of your ID card and any certifications proving your name change, if applicable.
- When applying for a remaining relative visa, you must complete this visa form and submit it with the rest of your paperwork.
- When you apply for a visa, you must have your sponsor complete Form 40 and send it to you.
- You must give proof of your relationship with your sponsor. You can send a birth certificate, marriage certificate, death certificate, adoption documents, or a family book (anything that proves you are related).
- Evidence of your ethical conduct. You may be asked to submit police certificates documenting your criminal history; however, you should only do so if specifically requested by the Department of Home Affairs.
- If you apply with a partner, provide their identification documents, character certificates, and proof of relationship, such as a marriage certificate or proof of registered partnership.
- Documents for dependents under the age of 18: If you are applying with dependents under the age of 18, you must give their identification documents, proof of your relationship with them, parental approval form 1229, or a statutory declaration. Also, if the youngster will not be living with family members or legal guardians, provide Form 1257.
- Documents for dependents over the age of 18: Submit identity documents, character documents (if applicable), dependence form 47a, and other documents proving they are socially or financially dependent on you for over 18 family members who apply with you.
- Documents that provide assistance. Fill out Form 956a or Form 956 if you want someone else to assist you with your application.
Application Process for Australia Remaining Relative Visas (Subclass 115 & 835)
Gather Documents
The first step in every visa application process is to gather the required documents. In this case, these documents include proof of identity, relationship evidence, police clearances, and health assessments. It’s crucial to ensure that all documents are valid and up-to-date.
Submit an Expression of Interest (EOI)
Before applying for a Subclass 115 or 835 visa, applicants need to submit an Expression of Interest (EOI) through the Australian government’s Skill-Select system. This is a preliminary step to assess eligibility and receive an invitation to apply for the visa.
Visa Application
Once an invitation is received, applicants can proceed with the visa application. The application must be submitted within 60 days of receiving the invitation. Be prepared to pay the necessary visa application fee at this stage.
Visa Grant
The Department of Home Affairs will process the visa application. Upon approval, successful applicants will receive their Subclass 115 or 835 visa. It’s essential to follow the conditions of the visa and adhere to Australian laws and regulations.
Subclass 115 & 835 Costs and Processing Times
The Australia remaining relative visas subclass 115 and 835 costs start from AUD4,990.00. While the processing times for these visas may vary, the waiting period after your visa application is put in a queue may take up to 50 years. It is highly recommended that you use the visa processing time guidance tool to get an idea of how long it will take to process this visa.
*Costs are accurate as of October 2023.
Further information is available on the Department of Home Affairs website.
FAQs on Subclass 115 & 835;
Q: Who can sponsor me for these visas?
Ans: To be eligible for these visas, you must be sponsored by a close relative who is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.
Q: What’s the main difference between Subclass 115 (offshore) and Subclass 835 (onshore) visas?
Ans: Subclass 115 is for applicants outside Australia, while Subclass 835 is for those who are already in Australia. The key distinction is your location when applying.
Q: Can I work in Australia with these visas?
Ans: Yes, both Subclasses 115 and 835 grant you permission to work and live in Australia as a permanent resident.
Q: Can I include family members in my application?
Ans: Generally, only your immediate family members (spouse and dependent children) can be included in your application.
Q: Can I apply for this visa if I have previously been refused a visa to Australia?
Ans: Previous visa refusals can impact your eligibility. Consult with a migration agent to assess your specific circumstances.
Q: What happens if my sponsor becomes ineligible or passes away during the visa process?
Ans: In such cases, the visa application may be affected. It’s important to notify the authorities and seek advice on how to proceed.
Q: Can I appeal a visa refusal decision for Subclass 115 or 835?
Ans: Yes, you can appeal a visa refusal decision through the Administrative Appeals Tribunal (AAT) in Australia. It’s important to act within the specified timeframes.
Q: Is there a balance-of-family test for these visas?
Ans: No, the Remaining Relative Visas don’t require applicants to meet the balance-of-family test that some other family visas do.
Q: Can I travel outside of Australia after obtaining a Subclass 115 or 835 visa?
Ans: Yes, you can travel in and out of Australia as a permanent resident. However, you should pay attention to the travel validity period and visa conditions.
Q: Are there any English language proficiency requirements for these visas?
Ans: Unlike some other Australian visas, there are no English language proficiency requirements for the Australia Remaining Relative Visas.