Remaining Relative visa (subclass 835)

This visa was permanently closed to new applications on 2 June 2014. No further applications for this visa are able to be made. The information on these pages is for people who are visa holders or who have a current subclass 835 application.

Features

This visa allows someone in Australia whose only near relatives are living in Australia to:

  • live in Australia as a permanent resident.​

Requirements

You might be eligible for this visa if:

  • you lodged your application prior to 2 June 2014
  • you are in Australia
  • your (and your partner’s) only near relatives usually live in Australia and are all Australian citizens, Australian permanent residents or eligible New Zealand citizens
  • one of your near relatives or their partner will be your sponsor.​

About this visa

The Remaining Relative (subclass 835) (permanent) was permanently closed to new applications on 2 June 2014. The information contained on this page is for visa holders or people awaiting a decision on their visa application.

All applications lodged before 2 June 2014 will continue to be processed as normal. See Other Family Visa Queue for more information.

You might consider visiting Australia on a non-ongoing short-term basis through the Visitor visa.

What this 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.

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

See Other Family Visa Queue for more information.

Visa applicants

This information is for current applicants  for a Remaining Relative visa (subclass 835).

You must be in Australia when the visa is granted.

After you have applied

Processing arrangements

We assess applications for this visa in the order in which they are lodged, subject to the Other Family Visa Queue and in accordance with any relevant Ministerial Directions.

There is high demand for family migration visas and only a limited number of places. Applications for this visa are subject to capping and queuing arrangements. This means your application is considered in two stages:

  • Your application is assessed against the core requirements for this 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, we will tell you your 'queue date'. In the interest of fairness and equity, we are not able to move your application ahead of others in the queue even if there are compelling and compassionate circumstances.
  • When a visa place becomes available:
    • we assess your application to check whether you still qualify for this visa (including health and character requirements)
    • if you qualify for the visa, we ask for the assurance of support and the second instalment of the visa application charge
    • we make a final decision about your visa application.

If your visa is granted, you must be in Australia when it is granted.

If you apply for this visa in Australia, you would be able to get a Bridging visa that allows you to stay in the country lawfully while your application is processed. If you are given a Bridging visa A, you can apply for Bridging visa B to travel outside Australia while you wait for a decision.

Health requirements

You must meet certain health requirements. The results are usually valid for 12 months. Do not arrange a health examination until we ask you to.

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

You are responsible for the cost of health assessments and any other tests.

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 we ask you to.

This also applies to all dependent family members listed in the application, whether they are migrating or not.

You are responsible for the costs of police certificates or any other certificates.

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 visa can be granted.

This also applies to all dependent family members listed in the application, whether they are migrating or not.

Provide more information

You can provide more information to us, in writing, at any time until a decision is made on the application. If you want to correct information you have previously provided, use:

We could also ask you for more information. You will have to respond by a set date. After that date, we can make a decision about your application using the information that we have.

If another person gives us information that could result in you being refused a visa, we 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 us 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:

Withdrawing your application

You can withdraw the application at any time before we make a decision about it. To do this, send us a letter or email to ask for the withdrawal. Your request must include your full name and date of birth. You should also include the number we gave you when you applied, if you know it – this could be a file reference number, client ID, or a Transaction Reference Number.

If you are 18 years of age or older, you must sign the letter of withdrawal or send a separate email or letter.

We will not usually refund the visa application charge.

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 jointly 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 be prepared to provide a bank guarantee. This will involve the assurer depositing money with the bank to cover the value of the bank guarantee.

The assurer must:

  • lodge a bond for each applicant older than 18 years of age, which is:
    • AUD5000 — for the main applicant
    • 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 visa has been granted. Any debts to the government are deducted from the bond and only the balance is refunded.

We 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 can be found at the Department of Human Services.

Visa decision

If the visa is granted, we will send you a letter or email to tell you:

  • when you can use the visa
  • the visa grant number.

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

If the visa is not granted, we 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).

Visa holders

This information is for people who have already been granted a Remaining Relative visa (subclass 835). It explains your rights and obligations.

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

What this 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 resident, including eligibility for government services and benefits, is available.

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

Your obligations

You and your family must comply with all Australian laws.

Sponsors

This information is for a person who is sponsoring a family member for a Remaining Relative visa (subclass 835).

Change of sponsor

Your relative can change their sponsor before we make a decision about their application. The new sponsor will have to lodge their own completed:

Sponsor obligations

For two years after they are granted this visa in Australia, you must continue to help your relative and their accompanying family members settle in Australia by providing (if necessary):

  • 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 their visa is granted 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

Tell us 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: