For individuals who have made Australia their home and have no other close family members remaining overseas, the Remaining Relative Visa Onshore offers a unique pathway for reunification with close relatives. This visa category is especially important for those who wish to bring their immediate family to live with them permanently in Australia. Understanding the eligibility criteria, application process, and responsibilities that come with this visa is essential for anyone considering this option. With the complexity of immigration laws, having a clear explanation can make the difference between a successful application and a long delay.
What is the Remaining Relative Visa Onshore?
The Remaining Relative Visa (subclass 835) is a permanent visa for individuals who are in Australia and want to bring their only remaining close relatives to join them. This visa is designed for people whose near relatives are all living in Australia as citizens, permanent residents, or eligible New Zealand citizens. It allows the applicant to live in Australia indefinitely as a permanent resident and enjoy the rights and privileges that come with it.
Key Features of the Subclass 835 Visa
- Applicants must be onshore (in Australia) when applying and when the visa is granted.
- It is a permanent visa that allows access to Medicare and other social benefits.
- The visa provides a pathway to Australian citizenship.
- It permits family reunion by allowing the applicant to live permanently with their only remaining relatives.
Eligibility Requirements
Meeting the eligibility criteria is crucial to apply for the Remaining Relative Visa Onshore. Below are the core requirements that applicants must satisfy:
Relationship Requirements
- The applicant must be the brother, sister, child (including step equivalents), or in some cases, the spouse of a person who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
- They must not have any other close relatives outside Australia.
Sponsorship Requirements
- The applicant must be sponsored by an eligible relative or their partner.
- The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen who is settled in Australia.
Location and Visa Status
- The applicant must be physically present in Australia when applying and when the visa is granted.
- They must hold a substantive visa or have held one previously but now hold a bridging visa, criminal justice visa, or enforcement visa.
Health and Character Requirements
- All applicants must meet health and character requirements as outlined by the Department of Home Affairs.
- Health checks and police certificates from countries of residence may be required.
Application Process
Applying for the Remaining Relative Visa Onshore involves several steps. It is important to prepare thoroughly and ensure that all required documents are included with the application.
Step-by-Step Process
- Step 1: Confirm eligibility by reviewing the visa requirements.
- Step 2: Gather all necessary documents, including identification, relationship evidence, and proof that the applicant has no close relatives overseas.
- Step 3: Submit the application while inside Australia using the paper form or through a registered migration agent.
- Step 4: Pay the applicable visa fee, which can be significant. Fee exemptions may apply in some cases.
- Step 5: Wait for processing, which can take several years due to the capped number of places in the Family stream migration program.
Bridging Visas
Most applicants will be eligible for a Bridging Visa, which allows them to remain in Australia legally while their application is being processed. Bridging Visas may also allow work and travel rights, depending on the specific type granted.
Processing Times and Limitations
One of the major challenges with the Remaining Relative Visa is the long processing time. It is considered a lower-priority visa, which means applications may take several years to finalize. There are also yearly quotas on family reunion visas, contributing to extended waiting periods.
Factors Affecting Processing Time
- Number of available places in the family migration stream.
- Completeness of the application and accuracy of submitted documents.
- Time taken for medical and character checks.
Benefits of the Remaining Relative Visa
Despite the long wait, the Remaining Relative Visa offers substantial benefits to successful applicants and their sponsors. These include:
- Permanent residency status with the ability to live and work in Australia indefinitely.
- Access to Australia’s public healthcare system (Medicare).
- Opportunity to sponsor eligible relatives in the future.
- Pathway to apply for Australian citizenship after meeting residency requirements.
- Eligibility to attend English language classes provided by the Adult Migrant English Program (AMEP).
Common Challenges and Tips
Applying for the Remaining Relative Visa Onshore is not without challenges. Here are some common issues applicants face and tips on how to handle them:
Challenge 1: Proving No Remaining Relatives Overseas
Applicants must demonstrate that they have no close family living outside Australia. This may require providing detailed family trees, affidavits, or statutory declarations.
Challenge 2: Lengthy Processing Times
Applicants should be prepared for extended waiting periods. Staying informed and regularly checking the application status can be helpful. It may also be useful to seek advice from a registered migration agent.
Challenge 3: Maintaining Valid Status During Processing
Ensuring that the applicant remains legally in Australia during the processing time is essential. Bridging Visas may require conditions to be followed carefully.
Can You Work or Travel While Waiting?
The rights of applicants while waiting depend on the visa held at the time of application. If the applicant is on a Bridging Visa, the conditions of that visa will dictate whether they can work or travel. Some Bridging Visas allow full work rights and travel while others do not, and applicants may need to request permission for travel during this time.
Important Reminders
- This visa is not for distant relatives or those with other close family members overseas.
- The sponsorship is a legal commitment, and sponsors may be financially responsible for the applicant.
- Applicants must keep the Department of Home Affairs updated with any change in circumstances.
The Remaining Relative Visa Onshore is a compassionate and family-focused immigration option designed to bring close relatives back together in Australia. While the process can be complex and lengthy, the rewards are significant. Permanent residency, family reunion, and the opportunity for a secure future in Australia are just some of the benefits that come with this visa. Careful planning, a thorough understanding of the eligibility criteria, and a complete application can help improve the chances of success. For families who are truly separated and wish to reunite, this visa is a critical tool to help bring loved ones back together.