Remaining Relative Visa Criteria
1 November 2005 - Legislation change
Client summary
From 1 November 2005 the Migration Regulations 1994 ("the Regulations") will be amended to restrict eligibility for Remaining Relative visas (Subclasses 115 (offshore) and 835 (onshore)) to those applicants who, together with their spouse, have no near relatives, other than those near relatives who are:
- usually resident in Australia; and
- Australian citizens, Australian permanent residents or eligible New Zealand citizens.
Technical details
The Regulations are amended as follows:
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New regulation 1.15 inserts a new definition of the term "remaining relative". The term "remaining relative" is used in the eligibility criteria to be satisfied by applicants for Subclasses 115 and 835 (Remaining Relative) visas.
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New subregulation 1.15(1) provides that an applicant is a remaining relative of a person who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen, if that person is a parent, brother, sister, step-parent, step-brother or step-sister of the applicant. In addition, the applicant, together with their spouse (if any), must have no near relatives except for those near relatives who are usually resident in Australia and who are Australian citizens, or Australian permanent residents or eligible New Zealand citizens.
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New subregulation 1.15(2) defines the term "near relative" as used in new subregulation 1.15(1). A near relative is a person who is a parent, brother, sister, step-parent, step-brother or step-sister of the applicant or of the applicant's spouse. In addition, a person who is a child or a step-child of the applicant, or of the applicant's spouse, who has turned 18 and is not a dependent child of the applicant or the applicant's spouse or has not turned 18 and is not wholly or substantially in the daily care and control of the applicant or of the applicant's spouse, is also a near relative.
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The previous subregulation 1.15(3) is omitted. That provision is no longer relevant as applicants are not permitted to have any near relatives who are usually resident in any country other than Australia.
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The Note following clause 835.111 in Schedule 2 to the Principal Regulations is replaced with a new Note. The new Note retains the current definitions and adds a reference to the definition of spouse in regulation 1.15A.
Additional information: Nil.
Transitional arrangements:
The amended Regulations apply to applications for a visa made on or after 1 November 2005. Applications for visas that were made before 1 November 2005 will be finalised under the repealed Regulations.
Forms:
Migration Booklet 4 "Other Family Migration" and Form 47OF "Application for migration to Australia by other family members" will be amended shortly.
Instructions: Nil.
PAM3:
PAM3: Div1.2/reg1.15 - Remaining Relatives, PAM3: SCH2VISA115 - Remaining Relatives and PAM3: SCH2VISA835 - Remaining Relatives will be amended shortly.
Effect on delegations: None
Effect on systems: Minor changes to IRIS checklists.