Remaining Relative Visa (Visa Subclass 115)

15 July

Migrating to Australia is a life-changing decision — one often driven by the desire to be close to loved ones. In recognition of this, the Australian Government has introduced various family reunification visas to bring families back together under one roof. One such pathway is the Remaining Relative Visa (Subclass 115). This visa is specifically designed for individuals who have been left behind, with all or most of their immediate family members already settled in Australia as citizens or permanent residents. The Subclass 115 visa offers a pathway to those who have no other close relatives living outside Australia, allowing them to live, work, and thrive in the country with their family.

However, the process of securing this visa is not straightforward. It involves a set of strict eligibility conditions, long waiting periods due to annual migration caps, and substantial financial and legal commitments.

Important Considerations for this visa:

This is an offshore visa. You cannot be in Australia when you apply or when the visa is granted.

The "no near relative" requirement is non-negotiable. Even one close family member living outside Australia can disqualify you.
The sponsor must agree to financially support you for an initial period (via the Assurance of Support).

Who Is Considered a “Remaining Relative “and “Near Relative:

Remaining Relative :

An applicant may be considered a remaining relative of a person who is an Australian citizen, permanent resident, or eligible New Zealand citizen, if they can show the Minister that:

(a)The person is the applicant’s parent, brother, sister, step-brother, or step-sister; and
(b) That person normally lives in Australia; and

· Normally live in Australia

· Are Australian citizens, permanent residents, or eligible New Zealand citizens.

(d) If the applicant is a child who

· Is under 18 years of age;

· was adopted overseas by an Australian citizen, permanent resident, or eligible New Zealand citizen (referred to as the adoptive parent)

then at the time of applying, the adoptive parent must have been living outside Australia for at least 12 months.

Near relative:

In relation to this a near applicant, means a person who is:

(a) a parent, brother, sister, stepbrother or stepsister of the applicant or of the applicant’s spouse or de facto partner (if any); or

(b) a child (including a stepchild) of the applicant or of the applicant’s spouse or de facto partner (if any), being a child who:

has turned 18 and is not a dependent child of the applicant or of the applicant’s spouse or de facto partner (if any has not turned 18 and is not wholly or substantially in the daily care and control of the applicant or of the applicant’s spouse or de facto partner (if any).

Sponsorship Criteria for a Remaining Relative Visa:

To sponsor someone for a Remaining Relative Visa, you must meet specific requirements set by the Australian Government. Please review the following carefully:

1. Eligibility to Sponsor

You (or your partner) must be a close remaining relative of the applicant and meet the following criteria:

Be 18 years of age or older
Be lawfully and permanently settled in Australia
Be either: An Australian citizen, An Australian permanent resident, or eligible New Zealand citizen

2. Commitment to Support

As a sponsor, you must agree to Provide financial support, offer accommodation, and assist with general settlement needs for a period of two years from the applicant’s arrival in Australia. This commitment extends to any family members included in the visa application.

3.Sponsorship Approval

Your sponsorship must be formally approved by the Department of Home Affairs before the visa can be granted.

4. Residency Requirement (for Partners)

If you are the partner of the remaining relative, you must be living together with them in Australia at the time of application and afterwards

Sponsorship Restrictions

You cannot act as a sponsor if you or your partner have previously held or sponsored someone for any of the following visas:

Remaining Relative Visa (subclass 835 or 115)
Preferential Family Visa (subclass 104)
Family Visa (subclass 806)

What the Subclass 115 Visa Allows You to Do:

Once granted, this visa entitles you to:

Live in Australia permanently
Work and study in Australia
Enrol in Medicare (Australia’s public healthcare system)
Sponsor family members for Australian visas
Apply for citizenship, when eligible

Key Entry Requirements:

To qualify for the Subclass 115 visa, applicants must meet strict criteria set by the Australian Department of Home Affairs.

Be outside Australia when you apply and when the visa is granted.
Have no near relatives (parents, children, siblings, step-relatives) living outside Australia.
Be sponsored by an eligible relative (or their partner) who is:

An Australian citizen, permanent resident, or eligible New Zealand citizen.
Over 18 years old.
Usually resident in Australia.

Meet health and character requirements.
Provide an Assurance of Support (AoS) – a formal financial commitment that you will not have to rely on government assistance after you enter Australia on this visa.
Have no outstanding debts to the Australian Government.
Agree to abide by Australian laws and values.

Application Fees:

Visa Application Charges:

Primary applicant: AUD 5,280
Each dependent applicant (under 18): From AUD 1,325
Each dependent applicant (over 18): From AUD 2,640

Processing Times:

The demand for Other Family visas is greater than the number of places available each year. As a result, processing times for these applications can be lengthy. Applications for this visa are subject to capping and queueing.

· Applications are processed in lodgement date order

· The wait time can exceed 10 years

There is currently no priority processing available for this visa class.

Conclusion:

The Remaining Relative Visa (Subclass 115) is a powerful route to reuniting with your only close family members in Australia. It provides the right to live, work, and thrive in Australia permanently — but it comes with significant commitments, strict eligibility rules, and a long waiting period.

If your family circumstances match the visa criteria, and you're prepared for the timeline and financial responsibilities, the Subclass 115 visa could be a life-changing opportunity

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Disclaimer: Important notice for all our social media followers and website readers. Content shared here by Visamigo Lawyers and its affiliates is not to be considered as immigration or legal advice. It is intended for informational purposes only and should not be used as a substitute for professional guidance. This material offers general insights (accurate at the time of posting, subject to updates) and is not exhaustive. Prior to any application, it is recommended you consult an Australian Lawyer for personalised advice. Your journey matters, so ensure you're properly informed.

Aadidev Sabharwal