Purpose of Remaining Relative Visa
This 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 Visa 835
Base Application Charge for Visa 835 AUD 4990
Second Instalment for Visa 835 AUD 2495 (Second Instalment needs to be paid before the grant of the visa.)
Total Fees for Visa 835 AUD 7485
Location of applicant at the time of application of 835 Visa
Application of 835 visa must be in Australia but not in immigration clearance.
Criteria to be fulfilled at the time of the 835 Visa application
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- (A) The applicant of 835 visa should be a holder of a substantive visa other than the subclass 771 Transit Visa.
OR
(B) The applicant of 835 visa who is not a holder of substantive visa immediately before ceasing to hold a substantive visa was not the holder of subclass 771 Transit Visa and the application is validly made within 12 months of the following date:
If the 835 visa applicant ceased to hold a substantive visa or criminal justice visa or entered Australia unlawfully after 1st September 1994, application is lodged within 12 months of the last day when the applicant held a substantive or a criminal justice visa or the day when the applicant last entered Australia unlawfully.
If the last substantive visa was cancelled and the tribunal set aside the cancellation decision, the application of 835 visa is validly made within 12 months of the later of the day the last day when the applicant’s substantive visa ceased, and the applicant was notified that applicant had a positive review of cancellation being set aside by the tribunal.
Who is an Australian relative?
Australian relative of a 835 visa applicant is a relative who is an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen.
Who is a remaining relative?
An 835 visa 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 835 visa 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 835 visa 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 835 visa applicant means.
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- A parent, brother, sister, stepbrother, stepsister of the 835 visa applicant or spouse/ de facto partner.
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- A child including a stepchild of the 835 visa 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.
OR
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.
Under policy specific to this provision, a reasonable period is taken to be 3 years.
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- The applicant of 835 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.
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- If the sponsor has been lawfully resident for 2 years at the time of the 835 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 835 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 835 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.
A person who has never entered Australia could not be found to be usually resident in Australia as they have never established their physical presence in Australia.
Under policy, it may be accepted that the sponsor is usually resident in Australia in the absence of information that suggests otherwise if the sponsor:
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- holds a permanent visa and
- is residing in or has previously resided in Australia.
Further Criteria to be satisfied at the time of the grant of 835 Visa
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- The 835 visa applicant continues to remain the aged remaining relative of the sponsoring Australian relative.
- The Minister is satisfied that an assurance of support in relation to the 835 visa applicant has been accepted by the Secretary of Social Services.
An AOS request letter is sent by immigration to the 835 visa applicant which includes:
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- case file number.
- names and dates of birth of all visa applicants included in the application.
- visa subclass.
- date the 835 visa application was made.
The letter advises the 835 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.
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- The 835 visa applicants must satisfy the character criteria. If you have any prior convictions or legal troubles, please contact us at Oracle Immigration Consultants to see if you are eligible for the subclass 835 visa.Applicants must take medical assessment and satisfy the health criteria.
- The 835 visa applicant should not have any outstanding commonwealth debts or should have made appropriate arrangements to pay those debts.
- Applicants of 835 visa must take medical assessment and satisfy the health criteria.
- The sponsorship needs to be approved by the minister and still in force.
Location of applicant at the time of grant of 835 Visa
Applicant of 835 visa must be in Australia but not in immigration clearance at the time of the grant of the subclass 838 visa.
Visa Period for 835 Subclass Carer Visa
The 835 visa applicant is granted a permanent visa for 5 years from the date of grant.
Limitations on Sponsorship for Remaining Relative Visa
The sponsor of the remaining relative visa applicant subclass 835, must not have been sponsored by an Australian relative or should not have sponsored any other applicant for the following visas.
Subclass 104 visa.
Subclass 115 (Remaining Relative) visa.
Subclass 806 visa.
Subclass 835 (Remaining Relative) visa.
If the 835 visa applicant is sponsored by the spouse/ de facto partner of their Australian relative, the Australian relative must not have been granted any of the following visas and should have also not sponsored any other applicant for the following visas.
Subclass 104 visa.
Subclass 115 (Remaining Relative) visa.
Subclass 806 visa.
Subclass 835 (Remaining Relative) visa.
If the 835 visa applicant is sponsored by the spouse of their Australian relative, the spouse/de facto partner should not have sponsored any other applicant for the following visas:
Subclass 104 visa.
Subclass 115 (Remaining Relative) visa.
Subclass 806 visa.
Subclass 835 (Remaining Relative) visa.
