Remaining Relative (Subclass 835) or Last Remaining Relative Class BU Subclass 835 Visa | Who is this visa for
Australia Remaining Relative (Subclass 835) visa allows a person who is already in the country to live permanently with their close family.
Your last remaining relative can only apply for Remaining Relative (Subclass 835) visa in Australia. However, they must not be prevented by section 48 bar from lodging a valid visa application (click here to learn more), or does not hold a Transit Class TX Subclass 771 visa (click here to learn more). If your relative does not hold a valid substantive visa, they are required to satisfy the Schedule 3 criteria (click here to learn more).
If you last remaining relative is a minor, that is, under 18, you must have full custody and parental responsibility rights over the child.
Including family members
Your last remaining relative family members can be included in a combined application for the Remaining Relative (Subclass 835) visa. A newborn child is taken to have applied for the same visa as their parent. However, if your last remaining relative is married or enter into a de facto relationship, their partner cannot be included and could affect your last remaining relative’s visa application as they will no longer be your last or remaining relative. Family members can be added to the visa application by making a written request to the Department of Immigration.
Family members must not be over 18, if they are 18 but have not turned 23, they must be dependent on your last remaining relative, unless they are incapacitated for work due to a medical condition, that is, total or partial loss of their bodily or mental function.
This visa allows your last or remaining relative to live, work and study. They will also have access to Australia Medicare health system.
Must be sponsored
You can sponsor your last remaining relative for a Remaining Relative (Subclass 835) visa if you are an Australian citizen or permanent resident or an eligible NZ citizen who are usually resident in Australia.
You can be your last remaining relative’s parent or sibling or step equivalent.
To be an eligible sponsor, you must be over 18 and have lived in Australia for at least 2 years as a settled Australian citizen or permanent resident or an eligible NZ citizen.
Your partner can also sponsor your last remaining relative if you are still living together with your partner.
Cannot apply if
Your last remaining relative, including their partner (spouse or de facto partner) must not have any near relatives, for example, parent or sibling or step equivalent, or child (including step-child) who are over 18 and who are not a dependent, or who are under 18 and is dependent on them wholly or substantially in their daily care and control.
If your last remaining relative have any near relatives, they must be usually residents in Australia, and they are Australian citizens or permanent residents or eligible NZ citizens.
If your last remaining relative is your adopted child whom you have adopted outside of Australia and who is under 18, you must have been living outside of Australia for at least 1 year.
You will not be able to sponsor your last remaining relative for a Remaining Relative (Subclass 835) if you are affected by:
- you were previously granted a Preferential Family Subclass 104 visa or Offshore Remaining Relative Subclass 115 visa or Family Subclass 806 visa or Onshore Remaining Relative (Subclass 835) visa. This is known as reg. 1.20K sponsorship limitation; or
- you have previously sponsored another relative for a Subclass 104 visa or Subclass 115 visa or Subclass 806 visa or an onshore Remaining Relative (Subclass 835) and that visa was granted. This is known as reg. 1.20K(2) sponsorship limitation; or
- the above (1) and (2) also apply if you are sponsoring your partner’s last remaining relative; and
- your last remaining relative is sponsored by your partner, and your partner has successfully sponsored another of your relative for a Subclass 104 visa or Subclass 115 visa or Subclass 806 visa or an onshore Remaining Relative (Subclass 835).
In addition to the above sponsorship limitations, there is also an annual cap or limit on the number of Remaining Relative (Subclass 835) visas allocated each year. In short, there is a very long queue (normally in excess of 30 years or more) for this visa. It is not possible for you to request the Department of Immigration to give your last remaining relative special preferential treatment or given priority for the grant of this visa regardless of whether there are compassionate or compelling reasons.
After you have lodged the sponsorship and visa application, you may request the Department of Immigration to swap another person as the sponsor for your last remaining relative, provided they are able to satisfy the sponsorship criteria.
Before the Department of Immigration grant your last remaining relative the Remaining Relative (Subclass 835) visa, you may be required to provide an Assurance of Support (click here to learn more).
The Remaining Relative (Subclass 835) visa is a permanent visa and is valid for 5 years from visa grant.
Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) to help you apply for this visa or to decide if this is the best visa for you (click here to find out how an immigration lawyer or registered migration agent can help you) . You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.
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This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.
