Remaining Relative Visa Subclass 115

Remaining Relative Visa Subclass 115 Australian visa consultant, Visa Help Australia, Skilled Migration Consultants

Remaining Relative Visa Subclass 115 : What this Remaining Relative visa lets you do

This is a permanent visa. It allows you and your family to:

  • stay in Australia indefinitely as an Australian permanent resident
  • apply for Australian citizenship (if you are eligible)
  • travel to and from Australia as a permanent resident for five years from the date the visa is granted – after that time you will need to apply for another visa if you want to return to Australia.

See  information,  including eligibility for government services and benefits, Australian permanent residence information.

You will not be able to sponsor any other relatives for a Remaining Relative visa. See: Settle in Australia

Remaining Relative Visa Subclass 115 : Before you apply

The Australian Government limits the number of Remaining Relative visas it grants each year.

See Other Family Visa Queue for more information.

Your passport

You need a valid passport or other travel document for this Remaining Relative visa. If you plan to get a new passport, you should do so before applying for your visa. If you get a new passport after you have lodged your application, give the details of your new passport to one of the department of immigration and border protection offices

Remaining Relative Visa Subclass 115 : Cost

The visa application charges are listed in Fees and charges.

Other costs

You could have to pay other costs, such as the costs of health assessments and police certificates, or any other certificates or tests. You are responsible for making the necessary arrangements.

Do not arrange for any checks until the department of immigration and border protection tell you to.

Remaining Relative Visa Subclass 115 : Who could get this Remaining Relative visa

You might be eligible for this Remaining Relative visa if:

  • your (and your partner’s) only near relatives live in Australia
  • an eligible near relative or their partner will sponsor you and all family members included as applicants in your application
  • you have someone who will provide an assurance of support
  • you and your family members meet health and character requirements.

You should not apply for this Remaining Relative visa unless you believe you are likely to be successful, because the visa application charge will not usually be refunded if your application is refused or withdrawn.

Who is your near relative

Your near relative is your parent or your partner’s parent (including biological and step-parent), brother, sister, stepbrother or stepsister; child (including stepchild) who has turned 18 and is not a dependent child; or child (including stepchild) who has not yet turned 18 years of age and is not in your or your partner’s daily care and control.

The department of immigration and border protection do not consider how much contact you have with near relatives when they make a decision about whether you are a remaining relative.

Who is your sponsor

Your sponsor must be your parent, brother, sister, stepbrother or stepsister or one of their partners. They must agree to give you support, accommodation and financial assistance for your first two years of residency in Australia. This agreement includes any family members included as applicants in your application.

Your sponsor must be:

  • 18 years of age or older; and

o       settled  in Australia

o       an Australian citizen

o       an Australian permanent resident or

o       an  eligible New Zealand citizen.

Remaining Relative Visa Subclass 115 : When you might not be eligible for this Remaining Relative visa

Do not apply for this Remaining Relative visa if:

  • you or your partner have any near relatives, who are usually living outside Australia, or are only living in Australia on a temporary visa, Bridging visa or unlawfully.
  • your sponsor (or their partner) was the holder of, or sponsored someone else for, a Remaining Relative visa (subclass 835  or subclass 115), Preferential Family visa (subclass 104) or Family visa (subclass 806).

Health requirements

You must meet certain  health requirements. The results are usually valid for 12 months. Do not arrange a health examination until the department of immigration and border protection ask you to.

This also applies to all the members of your  family unit included in your application, whether they are migrating or not.

Character requirements

You must meet certain  character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until the department of immigration and border protection ask you to.

This also applies to all  members of your family unit  listed in your application, whether they are migrating or not. ​​

Sign the Australian Values Statement

If you are 18 years of age or older, you must sign an  Australian Values Statement  to confirm that you will respect the Australian way of life and obey Australian laws. The statement is included in the visa application form. You must have read, or had explained to you, the  Life in Australia  book before you sign the statement.

Remaining Relative Visa Subclass 115 : Debts to the Australian Government

You must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government before this Remaining Relative visa can be granted.

Provide biometrics

You might be asked to provide  biometrics  (a scientific form of identification) as part of the application.  Countries and visa subclasses included in the biometrics program  has more information.

Remaining Relative Visa Subclass 115 : Including family in your application

You can include the following people in your visa application at the time of lodgement:

  • your partner
  • your child/step-child or your partner’s child/step-child.

For detailed information regarding who you can include in your application see  including family members in your application.

The application must include documentary evidence of their relationship to you. ​​

Members of your family unit must be able to show that they meet  health  and  character  requirements.​

Remaining Relative Visa Subclass 115 : How to apply

This information explains what you need to do if you want to apply for a Remaining Relative visa (subclass 115).

Your application must be made outside Australia.

Prepare your documents

You need to provide documents to prove the claims you make in the application. The documents are listed in the Document checklist.

Some documents could take some time to obtain. You should have them ready when you lodge the application to reduce any delays in processing.

Remaining Relative Visa Subclass 115 : Complete the application forms

You must complete the following forms to apply for this Remaining Relative visa. You must lodge all the forms together.

  • Form 47OF Application for migration to Australia by other family members (500 kB pdf).

If you have any members of your family unit who are 18 years of age or older, you must complete:

  • Form 47A Details of Child or Other Dependent Family Member Aged 18 Years or Over (238 kB pdf) Complete this form for all members of your family unit older than 18 years of age, including those who are migrating and those who are not.

If you have any dependent children who are under 18 years of age, you must complete:

  • Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years (251 kB pdf).

Your sponsor must complete:

  • Form 40 Sponsorship for migration to Australia (251 KB pdf).

Lodge your application

Lodge all the forms together. Pay the first instalment of the visa application charge when you apply.

Lodge your application at one of the  immigration offices outside Australia, which will tell you how you can pay. There is also further  information  available on the  methods of payment  accepted  by the department of immigration and border protection offices.

Remaining Relative Visa Subclass 115 : More information

Please refer to  preparing your application, for information on:

  • certifying and translating documents into English
  • communicating with the department of immigration and border protection
  • using a migration agent
  • authorising another person to receive information from the department of immigration and border protection
  • receiving assistance with your application. ​​​​

Remaining Relative Visa Subclass 115 : After you have applied

After you have lodged your application and documents, the department of immigration and border protection will acknowledge  that they have received your information.

Wait for a decision

The department of immigration and border protection assess applications for this Remaining Relative visa in the order in which they are lodged with the processing office, subject to the  Other Family Visa Queue.

There is a high demand for family migration visas and only a limited number of places are available. Applications for this Remaining Relative visa are subject to  capping and queuing  arrangements and in accordance with any relevant Ministerial Directions. This means your application is considered in two stages:

  • Your application is assessed against the requirements for this Remaining Relative visa. It is then either placed in a queue to wait for a visa place to become available, or it is refused. If it is placed in a queue, the department of immigration and border protection will let you know what your queue date is. In the interest of fairness and equity, there is no provision to move your application ahead of others in the queue even if there are compelling and compassionate circumstances.
  • When a visa place becomes available:

o       the department of immigration and border protection assess your application to check whether you still qualify for this Remaining Relative visa (including health and character requirements and an assurance of support)

o       if you qualify for this Remaining Relative visa, the department of immigration and border protection ask for the second instalment of the visa application charge

o       the department of immigration and border protection make a final decision about your visa application.

If the visa is to be granted, you and any family members included as applicants in the application must be outside of Australia at the time of grant.

Do not make arrangements to travel to Australia until you are advised in writing that you have been granted a visa. Wait for a decision from the department of immigration and border protection before you leave your job, sell your home or book your travel.

Remaining Relative Visa Subclass 115 : Provide more information

You can provide more information to the department of immigration and border protection, at any time until a decision is made on the application.  If you want to correct information you provided, use:

  • Form 1023 –  Notification of incorrect answer(s) (99KB PDF)

The department of immigration and border protection could also ask you for more information. You will have to respond by a set date. After that date, they can make a decision about your application using the information that they have.

If another person gives the department of immigration and border protection information that could result in you being refused a visa, the department of immigration and border protection will  usually give you the opportunity to comment on the information.

You might also be interviewed. If you are asked to attend an interview in person, bring your passport or other identification and any requested documents to the interview.

Report changes in circumstances

You must tell the department of immigration and border protection if your circumstances change. This includes a new residential address, a new passport, or a pregnancy, birth, divorce, separation, marriage, de facto relationship or death in your family.

You can use the following forms:

  • Form 929 Change of address and/or passport details (86 kB pdf)– if you move to a new address or change your passport
  • Form 1022 Notification of changes in circumstances (77 kB pdf)– if there are other changes in your circumstances.

If you do not provide the department of immigration and border protection with the details of any new passport issued to you, you could experience significant delays at the airport and could be denied permission to board your plane.

Remaining Relative Visa Subclass 115 : Withdrawing your application

​You can withdraw the application at any time before the department of immigration and border protection make a decision about it. To do this, send the department of immigration and border protection a letter or email to ask for the withdrawal. Your request must include your full name and date of birth. You should also include your file reference number, client ID, or a Transaction Reference Number.

​​​All applicants 18 years of age or older, wishing to withdraw, must sign the request for withdrawal. ​​​​​​

The department of immigration and border protection will not usually refund the visa application charge.

Remaining Relative Visa Subclass 115 : Assurance of support

A person or organisation must give you an assurance of support. They can be your sponsor or another person. Up to three people can provide an assurance of support for you.

An assurance of support is a legal commitment to provide you with financial support so you do not have to rely on social security payments.

The assurance covers you and the family members included in your application.

An assurer must:

  • lodge a bond for each applicant older than 18 years of age, which is:

o       AUD5000 – for the main applicant

o       AUD2000 – for each adult family member included in your application.

  • repay any recoverable social security payments you receive in the first two years of living in Australia.

If the assurer is an organisation, a larger bond is required for each application.

The bond is refunded two years after your first entry to Australia once your visa has been granted. Any debts to the government are deducted from the bond and only the balance is refunded.

The department of immigration and border protection will tell you how and when to lodge an assurance of support after your application has been assessed and is released from the queue for final processing.

More information about the assurance of support and how much you  need to  pay is at the Department of Human Services.

Remaining Relative Visa Subclass 115 : Visa decision

If the visa is granted, the department of immigration and border protection will let you know:

  • when you can use the visa
  • the visa grant number
  • any conditions attached to the visa.

Usually you will not have a visa label placed in your passport.

If the visa is not granted, the department of immigration and border protection will let you know:

  • why the visa was refused
  • your review rights (if any)
  • the time limit for lodging a request for review of the decision (if applicable).

Remaining Relative Visa Subclass 115 : Document checklist

You need to provide documents to support your application for this Remaining Relative visa. The department of immigration and border protection can make a decision using the information you provide when you lodge your application. It is in your interest to provide as much information as possible with your application.

Provide certified copies of original documents. Do not include original documents unless the department of immigration and border protection specifically ask for them. Police certificates should be original documents. Documents not in English must be accompanied by accredited English translations.

Use this checklist to make sure your application is complete.

Your application could be delayed if you do not lodge complete forms and relevant documents to prove your claims.

Forms

Complete these forms:

  • Form 47OF Application for migration to Australia by other family members (500 kB pdf)
  • Form 40 Sponsorship for migration to Australia (251 kB pdf)from your sponsor in Australia.

Complete this form if it applies:

  • For any member of your family unit included in the application who is 18 years of age or older and is not your partner:

o       Form 47a  Details of child or other dependent family member aged 18 years or over  (238  kB PDF).​

Charges

Pay the first instalment of the visa application charge.

You will be asked to pay the second instalment before the visa is granted. If you do not pay this charge, the visa will be refused.

Receiving assistance

  • ​If someone gives you advice or lodges your application for you, that person completes:

o       For​m 956Advice by a migration agent/exempt person of providing immigration assistance (135KB PDF)  (the agent or exempt person completes the form and you must sign it).

  • If you would like someone to receive correspondence from the department of immigration and border protection on your behalf, that person completes:

o       Form 956a Appointment or withdrawal of an authorised recipient (120KB PDF)  (the recipient completes the form and you must sign it).​​

Your identity

  • Certified copies of the biographical pages of the current passports or travel documents of all people included in the application (these are the pages with the holder’s photo and personal details and the issue/expiry dates).
  • Certified copies of birth certificates or the family book showing the names of both parents for all your dependent children, even if they are not joining you in Australia. Include any who are already in Australia and who are Australian permanent residents.
  • Four recent passport-sized photographs (45  mm  x  35  mm) of each person included in the application.

o       These photographs should be of the head and shoulders only against a plain background.

o       Print the name of the person on the back of each photograph.

Your relationships

  • Certified copies of marriage certificates or relationship registrations for you and anyone else included in your application, even if they are not joining you in Australia.
  • If you are living in a de facto relationship: independent evidence  that your relationship is genuine and continuing (for example, joint bank account statements, billing accounts in joint names or joint ownership of major assets).
  • If you or anyone included in the application has been widowed, divorced or permanently separated: a certified copy of the death certificate, divorce documents, or statutory declaration  separation documents.
  • Evidence of financial dependency for all your members of the family unit aged 18 or older:

o       a certified copy of their birth certificate and proof of their relationship to you

o       proof that they live in your household

o       proof that they have been financially dependent on you for at least the 12 months immediately before you lodge your application.

  • Evidence of your relationship  with your sponsor (certified copy of birth certificate, marriage certificates, death certificates, adoption certificates, or family status certificates or family books — where these documents are officially issued and maintained).
  • Evidence that your sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • Evidence that your sponsor is settled  in Australia
  • Certified copies of death certificates for any near relatives who are no longer alive.

Your children

  • Certified copy of the child’s birth certificate showing both parents’ names. If you cannot get this document, provide a certified copy of the identification pages of at least one of the following documents:

o       passport

o       family book showing both parents’ names

o       identification document issued by the government

o       document issued by a court that verifies the child’s identity.

If relevant, provide the same documents for anyone included as a dependent child in the application.

  • If any dependent child included in the application is adopted: certified copies of the adoption papers.
  • If you want to bring a child younger than 18 years of age with you to Australia, and that child’s other parent is not included in the application: documentary evidence that you have the legal right to include that child in your application, such as:

o       certified copies of official legal documents, such as a court-issued parental responsibility (custody), access or guardianship order

o       a  statutory declaration  giving their permission

o       Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years (251 kB pdf).

o       If you use this form, you will have to attach a certified copy of the other parent’s government-issued identification document (such as a passport or drivers licence) with their photograph and signature.

o       If any dependent child included in the application is adopted: certified copies of the adoption papers.

o       If any dependent child aged 18 years of over, evidence such as:

o       current enrolment into full-time tertiary studies

o       bank records

o       other financial statements

The character requirements

  • If anyone included in the application has served in the armed forces of any country: certified copies of their military service record or discharge papers.
  • Police checks for everyone included in the visa application who is 16 years of age or older:

o       an Australian National Police Check for anyone who has spent a cumulative total of 12 months or more in Australia since turning 16 years of age

o       police certificates from each country in which anyone in your application has spent a cumulative total of 12 months or more in the past 10 years since turning 16 years of age.

Provide the original certificates and keep a copy for yourself.

Remaining Relative Visa Subclass 115 : What this Remaining Relative visa lets you do

This is a permanent visa. It allows you and your family to:

  • stay in Australia indefinitely as an Australian permanent resident
  • apply for Australian citizenship (if you are eligible)
  • travel to and from Australia as a permanent resident for five years from the date the visa is granted — after that time you will need to apply for another visa if you want to return to Australia.

More information on  Australian permanent residence, including eligibility for government services and benefits, is available.

You will not be able to sponsor any other relatives for a Remaining Relative visa.

Remaining Relative Visa Subclass 115 : Your obligations

You and your family must comply with all Australian laws.

Remaining Relative Visa Subclass 115 : Who can sponsor a family member

You can sponsor a family member for this Remaining Relative visa if you are their near relative. This means you are their brother, sister, stepbrother, stepsister or parent. Your partner can be the sponsor, provided you live together.

To be a sponsor, you must be:

  • 18 years of age or older
  • settled  in Australia
  • an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.

You must also agree in writing to provide support, accommodation and financial assistance for your relative and any accompanying family members for their first two years in Australia.

If you are an  eligible New Zealand citizen  will also need to meet  health  and  character  requirements.

When you might not be able to sponsor a family member

Neither you nor your partner can sponsor someone for this Remaining Relative visa if:

  • you have ever been granted or successfully sponsored someone for any of the following visas:

o       Preferential Family visa (subclass 104) (now closed to new applicants)

o       Remaining Relative visa (subclass 115)

o       Family visa (subclass 806) (now closed to new applicants)

o       Remaining Relative visa (subclass 835).

How to sponsor

Complete the following form and lodge it with the visa application:

  • Form 40 Sponsorship for migration to Australia (251 kB pdf).

Change of sponsor

Your relative can change their sponsor before the department of immigration and border protection make a decision about their application. The new sponsor will have to lodge their own completed:

  • Form 40 Sponsorship for migration to Australia (251 kB pdf).

Remaining Relative Visa Subclass 115 : Sponsor obligations

For two years after your relative(s) is granted this Remaining Relative visa and arrives in Australia, you must continue to help them and their accompanying family members settle in Australia by providing:

  • support
  • accommodation
  • financial assistance.

Assurance of support

If you have also provided an assurance of support, you must support your relative and their family for  two years after they arrive in Australia by:

  • providing financial support so they do not have to rely on any government forms of income support
  • repaying the Australian Government for any social security payments
  • paying a refundable bond before the visa is granted.

Report changes in circumstances

You can use  Visa Entitlement Verification Online (VEVO)  for free to check your visa details and entitlements.

Source: The Australian Department of Home Affairs (www.homeaffairs.gov.au). Please visit www.border.gov.au to get updated information.

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