Remaining Relative Visa (Subclass 115)
The Remaining Relative visa allows an eligible person outside Australia to live permanently in Australia when their only near relatives are usually resident in Australia as Australian citizens, Australian permanent residents or eligible New Zealand citizens.
This is a strict “only near relatives” pathway. The family circumstances of both the applicant and their partner are assessed. A near relative living overseas, or living in Australia temporarily or unlawfully, can make the applicant ineligible.
What is the Subclass 115 Visa?
Subclass 115 is an offshore permanent Other Family visa. It is intended for applicants whose near-family network is wholly based in Australia in the prescribed eligible status and who have an approved sponsor.
The applicant must be outside Australia when applying and when Home Affairs decides the application. A separate onshore Remaining Relative pathway exists under Subclass 835 for applicants who meet its requirements in Australia.
Benefits after grant
Who is a near relative?
For this visa, near relatives generally include the applicant's or partner's parent, sibling, adult child and certain corresponding step-relatives under the migration definition. The complete family tree must be assessed rather than considering only the proposed sponsor.
Every relevant relative's identity, relationship, usual residence and immigration status should be documented. Estrangement, limited contact or lack of financial support does not necessarily remove a person from the legal near-relative test.
The remaining-relative test
The applicant and their partner must not have a near relative who usually lives outside Australia. They also must not have a near relative in Australia who is unlawful or holds a temporary visa, unless that person is an eligible New Zealand citizen under the applicable rules.
The qualifying near relatives in Australia must be Australian citizens, Australian permanent residents or eligible New Zealand citizens who are usually resident in Australia. Changes in marriages, children, deaths, residence or visa status during processing can alter eligibility.
Sponsor requirements
The applicant must be sponsored by an eligible parent or stepparent, sibling or stepsibling, or the eligible spouse or partner of that relative. The sponsor must generally be at least 18, settled in Australia and an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
Home Affairs must approve the sponsorship. Evidence should cover identity, status, Australian residence, settlement, relationship to the applicant and the sponsor's ability to meet their commitments.
How the Subclass 115 process works
Map both family trees
List every near relative of the applicant and partner, including step-relatives where relevant.
Verify residence and status
Document where each near relative usually lives and their citizenship or visa status.
Confirm the sponsor
Assess the Australian relative's relationship, age, settled status and sponsorship eligibility.
Lodge offshore
Submit the prescribed Other Family visa and sponsorship forms with certified family evidence.
Queue and final assessment
Wait for a program place and complete updated family, health, character and Assurance of Support requirements.
Assurance of Support
An Assurance of Support is required before grant. This is a legal commitment that the applicant and included family members will not rely on specified recoverable Australian Government payments during the assurance period.
The assurer must meet Services Australia requirements and may need to provide a financial bond. The assurer and sponsor do not necessarily need to be the same person.
Caps, queues and processing expectations
Remaining Relative visas are part of the capped and queued Other Family program. Annual places are limited and demand is substantially higher, resulting in very long processing periods.
An application can undergo initial assessment before receiving a queue date. Final assessment occurs only when a place becomes available, so passports, addresses, relationships, births, deaths and relatives' residence or visa status must be kept updated.
Application and decision location
The primary applicant must be outside Australia when lodging a Subclass 115 application and when the visa is decided. Included family members must also satisfy their applicable location requirements.
The application does not allow the applicant to remain in Australia while waiting and does not create a bridging visa. Any temporary visits to Australia must comply with a separately granted visa and the final decision-location rule.
Health, character and debts
The applicant and included family members must satisfy health and character requirements, and Home Affairs can also request checks for non-migrating family. Australian Government debts must be repaid or covered by an approved repayment arrangement.
Important Subclass 115 Considerations
- Assess near relatives of both the applicant and partner.
- Confirm every near relative's usual residence and visa status.
- Have an eligible settled sponsor in Australia.
- Apply and receive the decision outside Australia.
- Prepare for capped, queued and lengthy processing.
- Report all family and residence changes during processing.
- Obtain an Assurance of Support when requested.
Including family members
Eligible members of the applicant's family unit may be included before a decision. Their own near relatives can affect the primary applicant's remaining-relative eligibility, so a partner's full family structure must be reviewed even if that partner is not migrating.
Documents commonly required
Evidence may include passports, birth, marriage, adoption and death certificates, family books, documents linking every relative, proof of usual residence, citizenship and visa records for relatives in Australia, sponsor settlement evidence, family composition statements, police certificates, health examinations and Assurance of Support documents.
How Echoes Global Education can assist
Our migration team can map the applicant's and partner's family trees, analyse near-relative residence and status, assess sponsor eligibility, identify potential disqualifying relatives, prepare a tailored checklist and assist with the Subclass 115 application.