Sponsoring Last Remaining Child or Sibling (Including Step Equivalent) For Australia Remaining Relative Visa (Subclass 115) To live Permanently In Australia
You can sponsor your last remaining relative to live permanently in Australia on an Australia Remaining Relative visa ( Subclass 115) (Class BO) if you or partner (spouse or de facto partner) are over 18 Australian citizen or permanent resident or eligible NZ citizen and have been residing lawfully in Australia for at least 2 years (“settled”).
Your relative includes your child or sibling or step equivalent and their partner. However, they must not have any near relatives other than you who is usually resident in Australia. Near relatives include parents, siblings, child or step equivalent of your last remaining relative’s partner’s dependent child or his or her partner’s. Or the child has not turned 18 and is not wholly or substantially in the daily care and control of your last remaining relative or his or her partner.
If your last remaining relative is under 18, you must have full custody rights.
You cannot sponsor your last remaining relative for an Australia Remaining Relative Visa (Subclass 115) if you or your partner have either been granted or previously successfully sponsored another relative for a Subclass 104 visa (Preferential Family) or Subclass 115 visa (offshore Remaining Relative Visa) or Subclass 806 visa (Family) or Subclass 835 visa (onshore Remaining Relative – click here to learn more about Subclass 835 visa).
If your last remaining relative is the head of his or her family unit, members of his or her family may make a combined application for a Remaining Relative Visa (Subclass 115) Australia.
Before the Australia Remaining Relative Visa (Subclass 115) is granted, another eligible relative can swap or change or take over the sponsorship from you.
When the Department of Immigration (Department of Home Affairs) grant the visa, you may be required to provide Assurance of Support (click here to learn more).
There is a long queue and annual cap for the Australia Remaining Relative Visa (Subclass 115). The processing time may take years (normally in excess of 30 years or more) before a visa is allocated. This is an offshore visa and the visa applicant must not be in Australia when applying and when the visa is granted (click here to learn more about onshore equivalent).
This is a permanent visa and if granted, it is valid for 5 years from the date of grant (click here to learn more about RRV 155 visa).
Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) to help you decide if you are eligible to sponsor your last remaining relative (click here to find out how an immigration lawyer or registered migration agent can help you). You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.
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This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter