What is the Purpose of Remaining Relative Visa?
This subclass 115 visa is for applicants who are seeking to get permanent residence based on being the remaining relative of An Australian Citizen, Australian Permanent Resident and Eligible New Zealand citizens.
Visa Cost of Subclass 115 Visa
|First Instalment of 115 Visa|
|1||Base Application charge of Visa 115||$4 560|
|2||Additional applicants charge for an applicant who is at least 18 for Visa 115||$2 280|
|3||Additional applicants charge for an applicant who is less than 18 for Visa 115||$1 145|
|Second Instalment of 115 Visa|
|Item||Applicant of 115 Visa||Amount|
|1||Applicant: (a) who is a carer; and (b) in relation to whom the Minister has determined that the second instalment of the visa application charge should not be paid because the Minister is satisfied that payment of the instalment has caused, or is likely to cause, severe financial hardship to the applicant or to the person of whom the applicant is a carer.||Nil|
|2||Any other applicant for 115 Visa||$2,065|
Location of the Applicant – Subclass 115
Applicant must be outside Australia at the time of application.
Criteria to be fulfilled at the time of the application of 115 Visa
Who is an Australian relative?
Australian relative of an applicant is a relative who is an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen.
Who is a remaining relative?
An applicant applying for a visa is a remaining relative of Australian Citizen, Australian Permanent Resident or Eligible New Zealand if the applicant satisfies the minister that:
The sponsor is a parent, brother, sister, stepbrother of the applicant who is usually resident in Australia. AND
The applicant and applicant’s spouse or de facto partner have no near relatives other than the near relatives who are usually resident in Australia and are Australian Citizen, Australian Permanent Resident or Eligible New Zealand citizens. AND
If the applicant is a child who has not turned 18 and has been adopted by an Australian Citizen, Australian Permanent Resident or Eligible New Zealand citizen while overseas at the time of the application, the adoptive parent has been residing overseas for a period of at least 12 months.
Near relative to the applicant means.
- A parent, brother, sister, stepbrother, stepsister of the applicant or spouse/ de facto partner.
- A child including a stepchild of the applicant or their spouse/de facto partner who has turned 18 and is not a dependent child or has not turned 18 years and is not wholly or substantially in daily care and control of the applicant or their spouse/ de facto partner.
Who is a dependent child?
A dependent child of a person means a child or a stepchild who is not married or engaged and has not turned 18 or if they have turned 18 are dependent on that person or in capacitated for work due to the total or partial loss of child’s mental or body functions.
How to define Dependent?
A person is dependent on other person when that person is for a substantial period wholly or substantially reliant on the other person financially for basic needs such as food, clothing, and shelter and that reliance is on that person is greater than on anybody else.
The first person is wholly or substantially reliant on the other person for financial support because the first person is incapacitated for work due to the total or partial loss of the first person’s bodily or mental functions.
- The applicant of 115 Visa is sponsored by the Australian relative or by their cohabiting spouse or de facto partner who has turned 18 years of age and is a settled Australian citizen, Australian permanent resident, and eligible New Zealand Citizen and usually resident in Australia.
An Australian citizen, Australian permanent resident or an eligible New Zealand citizen will be considered settled if they are lawfully resident in Australia for a reasonable period.
As per policy a sponsor will be considered settled (reasonable period) in the following 3 cases.
- If the sponsor has been lawfully resident for 2 years at the time of the 115 visa application discounting short trips outside Australia for 4 months.
- If the sponsor is currently in Australia but has been outside Australia for more than 4 months immediately before the 115 visa application, they must provide documentary evidence such as evidence of house ownership/ lease, evidence of ongoing employment in Australia etc.
- If the sponsor is not in Australia for 2 years immediately before the 115 visa application, they need to provide documentary evidence to establish the settled requirement. Evidence such as house ownership in Australia and children studying in Australian schools can be provided as evidence.
If the sponsor is not in Australia for 2 years immediately before the 115 visa application, they need to provide documentary evidence to establish the settled requirement. Evidence such as house ownership in Australia and children studying in Australian schools can be provided as evidence.
Further Criteria to be satisfied at the time of the grant of 115 Visa
- The 115 Visa applicant continues to remain the remaining relative of the sponsoring Australian relative.
- The Minister is satisfied that an assurance of support in relation to the 115 visa applicant has been accepted by the Secretary of Social Services.
An AOS request letter is sent by immigration to the 115 visa applicant which includes:
- case file number.
- names and dates of birth of all visa applicants included in the application.
- visa subclass.
- date the visa application was made.
The letter advises the 115 visa applicant to ask the assurer to lodge an online application or take a completed paper-based application to Centrelink with the original request letter to initiate the AOS assessment.
- The sponsorship needs to be approved by the minister and still in force.
- Visa 115 applicants must take medical assessment and satisfy the health criteria.
- No bogus documents should have been provided in the current visa 115 application and in the last 3 years before the application, applicant’s visa should not have been cancelled due to bogus documents, misleading or false information.
- In the last 10 years, visa 115 applicant should not have their visa refused for failing to satisfy the minister of their identity.
- Applicant of 115 visa must hold a valid passport.
- Applicant of 115 visa should not have been deported due to character concerns.
Location at the time of grant of 115 Visa
Applicant of 115 visa must be outside Australia at the time of the grant of their subclass 115 visa.
Visa period for subclass 115
The 115 visa applicant is granted a permanent visa for 5 years from the date of grant.
Visa Conditions for 115 Visa
Holder of 115 visa must enter Australia before the date specified by the minister. Condition 8504: Condition 8504 may be imposed stating the holder must not enter Australia before the date specified by the minister.
- Condition 8515: Condition 8504 may be imposed stating that 115 visa holder must not marry or enter a de facto relationship before entering Australia.
Limitations on Sponsorship for Aged Dependent Visa
As per reg 1.20LAA person who holds a subclass 802 visa granted under the vulnerable child provisions or their spouse or guardian are ineligible to sponsor that subclass 802 holder parent for any parent or aged dependent visa subclasses.