Australian Immigration Article

For many, family is the anchor of life. When all your closest family members have built their lives in Australia, the desire to join them and close that final distance is a powerful and deeply human one. You picture celebrating milestones together, offering support through life’s challenges, and simply sharing the everyday moments that distance makes impossible. The Remaining Relative visa, which includes Subclass 115 and 835, is a unique pathway designed for this very purpose: To reunite the last members of a family unit in Australia.

The journey for this particular visa is unlike any other. It comes with exceptionally strict requirements and a very long processing timeframe that applicants must be aware of from the outset. This comprehensive guide is designed to walk you through the landscape of the Australian Remaining Relative visa. We will cover the core requirements, explain the onshore vs. offshore pathways, and provide a frank discussion on the costs and significant waiting period, so you can understand the full picture.

Disclaimer: This article provides general information and is not a substitute for legal advice. Australian immigration law is intricate and subject to change. For advice tailored to your personal circumstances, you should consult with an experienced Australian immigration lawyer.

 

---

 

What is the Subclass 115 & 835 Remaining Relative Visa?

The Subclass 115 and 835 visas are permanent visas designed for individuals who have no other near relatives outside of Australia. It allows a person to move to Australia to live with their parents, siblings, or children who are settled here. It is, in essence, the final piece of the puzzle for a family’s migration story.

The main difference between the two subclasses is determined by a single factor: the location of the applicant when the visa application is lodged.

• Subclass 115 Remaining Relative Visa: This is the offshore application. The applicant must be outside of Australia when the application is made and when a decision is reached.
• Subclass 835 Remaining Relative Visa: This is the onshore application. The applicant must be in Australia on a valid temporary visa (that does not have a “no further stay” condition) when the application is made and when a decision is reached.

Choosing the correct subclass based on your location is the first critical step. However, the most significant hurdle for this visa pathway is meeting the “remaining relative” requirement itself.

 

---

 

Key Eligibility Criteria: The “Remaining Relative” Test

A successful application hinges on satisfying very specific criteria for both the applicant (the remaining relative) and the sponsor.

For the Applicant:

• The “Remaining Relative” Test: This is the core of the visa. You (and your partner, if you have one) must not have any other “near relatives” living outside of Australia. Your only near relatives must be living in Australia and be Australian citizens, Australian permanent residents, or eligible New Zealand citizens.
• Definition of a “Near Relative”: This is defined very strictly by the Department and includes a parent, partner, child, sibling, step-parent, step-child, or step-sibling. It does not include relatives like cousins, aunts, uncles, or grandparents.
• Sponsorship: You must be sponsored by an eligible parent or step-parent, sibling or step-sibling, or child or step-child who is settled in Australia.
• Health and Character: You must meet Australia’s health and character requirements.

For the Sponsoring Relative in Australia:

• Status: The sponsor must be over 18 and a settled Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
• Sponsorship Undertaking: Your sponsor must agree to provide you with accommodation and financial support for your first two years in Australia.

Mandatory Assurance of Support (AoS):

Unlike many other family visas, the Remaining Relative visa requires a mandatory Assurance of Support. This is a legal commitment by a person (the assurer) to repay the Australian government for any welfare payments you might receive in your initial years in Australia. The assurer must meet a specific income test, and this is a non-negotiable part of the visa grant process.

 

---

 

The Long Wait: Understanding Capping and Queuing

It is crucial to understand that the Remaining Relative visa is subject to “capping and queuing.” This means the government releases only a very limited number of these visas each year.

Once the number of visas granted reaches the cap for that year, all other eligible applications are placed in a queue. Due to the high demand and low number of available places, the waiting period for this visa is extremely long. It can be upwards of 25 years or more.

Applying for this visa is not a short-term solution. It is a very long-term plan to secure a future pathway to Australia.

 

---

 

Remaining Relative Visa Application Costs

This visa involves a significant financial commitment.

• Visa Application Charge (VAC): The main fee paid to the Department is substantial. As of mid-2025, this starts from over $7,400 AUD. Fees are subject to annual review, so always check the official Department website.
• Assurance of Support (AoS) Bond: The assurer may need to pay a significant bond to the government, which is held for a number of years.
• Other Costs: Budget for medicals, police checks, and document translations.
• Professional Fees: Many families seek guidance to navigate this complex application. At Flow Migration Law, we believe in transparency and provide a fixed-fee structure for our services after an initial discussion, so you have a clear understanding of the investment from the start.

 

---

 

Remaining Relative Visa Case Study: Subclass 835 Onshore Pathway

Let’s look at a practical scenario.

• The Situation: Maria and her brother, Carlos, are both Australian citizens living in Perth. Their parents, who lived in Argentina, have both passed away. Their only remaining near relative is their 70-year-old uncle, Javier (their mother’s brother), who lives alone in Argentina.
• The Assessment: Although Javier’s only family is in Australia, he is an uncle, not a “near relative” as defined by the law (parent, sibling, child). Therefore, Javier is not eligible for this visa. This highlights how strict the “near relative” definition is.

Let’s change the scenario.

The New Situation: The Lee family consists of parents and two adult children. The parents and their older daughter, Yuna, immigrated to Australia years ago and are now settled Australian citizens living in Sydney. Their younger son, Min-jun, aged 32, remained in South Korea to finish his career commitments as pro-gamer.

Min-jun is single and has no other near relatives anywhere in the world—his only close family (parents and sister) are all in Australia. The family misses him deeply and wants to finally close the distance and be together permanently.

The Pathway & Strategy: After careful consideration, the family decides that the Remaining Relative visa is the correct pathway. Instead of applying from offshore (Subclass 115) and waiting for decades while separated, they opt for an onshore approach.

The Process: While Min-jun is in Australia on his valid substantive Visa, his sister Yuna sponsors him. They work together to lodge a complete and decision-ready application for the Onshore Remaining Relative visa (Subclass 835). The application includes extensive evidence proving their family structure, Min-jun’s status as the ‘remaining relative’, and the mandatory Assurance of Support, which his parents have arranged to provide.

Upon successful lodgement of the Subclass 835 visa application, Min-jun is granted a Bridging Visa A (BVA).

The Outcome: This is where the onshore pathway becomes so useful. When Min-jun’s onshore visa expires, his Bridging Visa A automatically activates. This allows him to remain lawfully in Australia with his parents and sister while he waits for a decision on his permanent visa.

While his application is now in the long queue due to the “capping and queuing” system, the immediate outcome means Min-jun can now live, and likely work (depending on his bridging visa conditions), alongside the family he loves in Australia. The onshore application provided a pathway for him to wait together with his family, not apart from them.

(The subclass 835 Remaining Relative visa pathway allows applicants like Min-jun from our case study to wait for their permanent visa while living with their family in Australia. This means being able to continue with their hobbies and life without the pain of decades of separation.)

 

---

 

Final Thoughts: A Long-Term Pathway to Family Reunion

The Remaining Relative visa is a unique and challenging pathway. It is designed for a very specific set of circumstances and requires a long-term perspective. The strict legal definitions of ‘near relatives’ and the mandatory Assurance of Support, combined with the extensive waiting period, mean that careful planning and a thorough understanding of the requirements are absolutely fundamental.

Our principal migration lawyer, Jay, brings over 8 years of dedicated experience in Australian immigration law, helping families navigate complex visa pathways. Jay is dedicated to family reunion, genuine connection and helping clients create realistic, long-term plans. We have guided many families through the intricacies of this specific visa, ensuring their applications are prepared correctly to secure that all-important place in the queue.

If you believe your family may fit these unique circumstances and you wish to understand the pathway ahead, we invite you to book a discovery call with our team.

---