Remaining Relative Visa (Subclass 115)

Benefits Of The 115 Visa

Being a Remaining Relative visa holder, you can:

• Live in Australia permanently
• Work and study in Australia
• Enrol in Medicare
• Apply for Australian citizenship if eligible
• Sponsor eligible relatives for permanent residence, subject to migration rules
• Travel to and from Australia for 5 years from the date the visa is granted.

Eligibility Criteria

You can apply for this visa if you:

• Have no near relatives usually living outside Australia
• Have only near relatives who are usually resident in Australia as Australian citizens, Australian permanent residents, or eligible New Zealand citizens
• Have an eligible sponsor
• Have someone who can provide an Assurance of Support, if required
• Meet health and character requirements
• Meet all other legal requirements for the visa.

If you have a partner, the near-relative test applies to both you and your partner. That means both of you must satisfy the remaining-relative requirements set by Home Affairs.

Applications are made on paper using Form 47OF, and the sponsor must complete Form 40. Home Affairs says these documents, supporting evidence, and payment of the first instalment of the visa application charge should be lodged together.

You Will Not Be Considered Eligible For This Visa If:

• You or your partner have a near relative who is usually resident outside Australia
• Your only claimed relatives in Australia are not Australian citizens, Australian permanent residents, or eligible New Zealand citizens usually resident in Australia
• You do not have an eligible sponsor
• You do not meet the visa’s health, character, debt, or other legal requirements.

Who Are Eligible Near Relatives?

For this visa, “near relative” generally includes: 

• A parent or step-parent
• A brother, sister, step-brother, or step-sister
• An adult child or step-child
• A younger child or step-child in limited circumstances set by migration law.

The key issue is not simply whether the applicant is “the only person left in their home country.” The legal test is whether the applicant, and if relevant their partner, have no near relatives usually resident outside Australia and whether their only near relatives are usually resident in Australia.

Health & Character Requirements

You and any family members included in the application must meet Australia’s health and character requirements. Home Affairs may ask for medical examinations, police clearances, and other supporting documents depending on the circumstances of the case.

Debts To the Australian Government

You must not have any outstanding debt to the Australian Government, or you must have made acceptable arrangements to repay that debt before the visa can be granted.

Family Members To Include In The Visa Application

You may be able to include eligible members of your family unit in your visa application, such as:

• Your partner
• Your dependent children, where eligible.

Sponsorship Requirements

Your sponsor must generally be a settled Australian citizen, Australian permanent resident, or eligible New Zealand citizen who is 18 years of age or older and eligible to sponsor under Home Affairs rules. Form 40 is the required sponsorship form for this visa. Home Affairs also notes that, for a remaining relative application, a sponsor can be changed before the visa is finally decided if needed.

Visa Processing

Remaining Relative visa applications are part of the Other Family visa category and are subject to capping and queueing. Once the annual cap is reached, remaining applications stay in the queue until places become available in a future migration program year. Home Affairs says it cannot provide exact processing timeframes for these visas.

Visa Application Charges

Visa application charges apply to Subclass 115, and the amount can vary depending on the application. Home Affairs recommends checking the official visa pricing estimator or current pricing information before lodgement.