Remaining Relative Onshore Visa 835

835 Visa Australia

This Visa is for people whose relatives are usually residents in Australia. They must either be Australian citizens, Australian permanent residents or eligible New Zealand citizens.

You will find information below about the Remaining Relative Onshore Visa 835. If you need assistance or guidance, simply get in touch and request a consultation.
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835 visa australia

Remaining Relative Onshore Visa Australia

This Visa is for people whose relatives are usually residents in Australia. They must either be Australian citizens, Australian permanent residents or eligible New Zealand citizens.

This Visa requires you to be sponsored by an eligible relative (or your relative’s eligible partner), in Australia.

Who Is This Visa For?

This Visa is for you if both of these apply:

  • you have a brother, sister, parent (or step-equivalent) who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen usually resident in Australia
  • you and your partner have no brothers, sisters, non-dependent children, parents (or step-equivalents) other than those in Australia

Your partner and other family members may be included in your application if they meet certain requirements.

What Does This Visa Let Me Do?

If you are granted this Visa you and your eligible family members can live in Australia as Australian permanent residents.

You can also:

  • work and study in Australia
  • receive subsidized healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS)
  • access certain social security payments (subject to waiting periods)
  • be eligible for Australian citizenship (subject to the residency eligibility criteria
  • sponsor people for permanent residence (subject to waiting periods and Visa specific restrictions)

This Visa requires that you are sponsored by your relative or their partner in Australia and you have someone to provide an Assurance of Support (an assurer).

Responsibilities

Key responsibilities for this Visa are summarized in the table below.

PersonResponsibility
SponsorMust give a written undertaking to provide support, accommodation and financial assistance for the applicant, and any accompanying family members, for their first two years of residency in Australia.
ApplicantComplete and lodge the application including the application charge and all supporting documentation.
Assurer of Support (can be the sponsor or another person)Be prepared to:
• provide financial assistance to the applicant and the applicant’s accompanying partner and dependent family members so they do not need to rely on any government forms of support for two (2) years of residency
• repay any recoverable social security payments made to the applicant or their accompanying partner and dependent family members in the first two (2) years of residency in Australia
Note: You must not lodge an Assurance of Support until it is asked for. Details on how to provide an Assurance of Support will be sent to the applicant after the Visa application has been received.

Government Benefits

If you are granted this Visa you will have a waiting period before you are eligible to receive most social security payments.

Waiting periods are generally two years for most social security payments and 10 years for age and disability pension payments (exemptions may apply).

Processing Arrangements

Due to high demand and limited places available in the migration program, this Visa is subject to capping and queuing arrangements.

Application Forms

Active Migration Australia will assess each application individually and provide extensive checklists consisting of instructions to help you successfully complete the forms required.

Adding Family Members To Your Application

In some circumstances dependent children can be added to the application after it has been lodged.

Processing Priorities

Under Australia’s family reunion migration program, a high priority is given to child and partner Visa applications. Other family applications have a lower processing priority, and you should expect a substantial wait before your application is finalized.

In the other family categories, carer is given priority over aged dependent relative and remaining relative.

How To Lodge Your Application

You must lodge your application in Australia and you must be in Australia when the Visa is granted.

Family In Australia

You must have a brother, sister, parent (or step-equivalent) who is settled and usually resident in Australia and is one of the following:

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen

You and your partner cannot have any other brothers, sisters, parents (or step equivalents), or non-dependent children other than those who are usually resident in Australia. These relatives must either be Australian citizens, Australian permanent residents or eligible New Zealand citizens.

Eligible Sponsor

You must be sponsored by an eligible sponsor. Your sponsor must be your brother, sister, parent (or step-equivalent) or their partner, who are settled and usually resident in Australia and they must be one of the following:

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen

Assurance Of Support

You must have a commitment by a person or an organization prepared to provide you with an Assurance of Support.

Health Requirements

You must meet health requirements.

Character Requirements

You must meet character requirements.

Applicants Under 18

If you are under 18 and were adopted overseas by an Australian citizen, Australian permanent resident or eligible New Zealand citizen, your adoptive parent must have spent 12 months living overseas before they are eligible to sponsor you.

Debts To The Australian Government

You must repay, or have made arrangements to repay, any outstanding debts to the Australian Government, before a decision can be made on your application.

Limitations On Applications

You may be prevented from applying for this Visa if:

  • you do not hold a substantive Visa (which is any Visa other than a bridging Visa, a criminal justice Visa or an enforcement Visa) and have had a Visa cancelled or refused since you last arrived in Australia
  • your last Visa was granted on the condition that you would not be granted a substantive Visa while you remain in Australia
  • you hold a sponsored visitor Visa
  • you are in immigration detention

If any of the above circumstances apply, contact your nearest departmental office before making an application.

Australian Values Statement

If you are aged 18 years or over, you are required to sign an Australian values statement. The statement is included in your Visa application form and all applicants aged 18 years and over will need to sign it to confirm that they will respect the Australian way of life and obey Australian laws. Before signing this statement you are required to read, or you might have been explained about the book ‘Life in Australia’ book.

The ‘Life in Australia’ book provides more information on the values that Australians share and their way of life.

Family Member Eligibility

The following family members can be included in your application:

  • your spouse or de facto partner
  • your dependent child
  • other dependent relatives

Family members must meet all of the following eligibility requirements.

Spouse

A person is the spouse of another person if they are in a married relationship. Persons are in a married relationship if:

  • they are married to each other under a marriage that is valid for the purposes of the Migration Act 1958;
  • they have a mutual commitment to a shared life as husband and wife to the exclusion of all others;
  • the relationship between them is genuine and continuing; and
  • they live together or do not live separately and apart on a permanent basis

De Facto Partner

A person is the de facto partner of another person (whether of the same sex or a different sex) if:

  • they have a mutual commitment to a shared life to the exclusion of all others;
  • the relationship between them is genuine and continuing;
  • they live together or do not live separately and apart on a permanent basis; and
  • they are not related by family

For an application for a permanent, Business Skills (Provisional), Student (Temporary), Partner (Provisional), Partner (Temporary), or a General Skilled Migration Visa the de facto relationship must have existed for at least 12 months immediately preceding the date of application.

Dependent Child

Your child or stepchild is considered to be dependent when they are one of the following:

  • under 18 years of age
  • aged 18 years or over and have been wholly or substantially reliant on you for a substantial period for their basic needs (food, clothing and shelter)
  • of any age and incapacitated for work (whether or not they migrate with the applicant)

A child of any age is not considered dependent if they are married, engaged to be married or in a de facto relationship.

Other Dependent Relatives

Your other relatives may be considered dependent if they are all of the following:

  • single (has never married or entered a de facto relationship, or is widowed, divorced or separated)
  • usually resident in your household
  • more reliant on you for support than on any other person or source
  • have been reliant on you for a substantial period

Details of each dependent whether he or she is 18 years or older and whether migrating or not, must be provided on the application form.

Health Requirements

Your dependent family members must meet health requirements.

Character Requirements

Your accompanying family members aged 16 and above must meet character requirements.

Australian Values Statement

If you are aged 18 years or over, you are required to sign an Australian values statement. The statement is included in your Visa application form and all applicants aged 18 years and over will need to sign it to confirm that they will respect the Australian way of life and obey Australian laws. Before signing this statement you are required to read, or you might have been explained about the book ‘Life in Australia book’.

The Life in Australia book provides more information on the values that Australians share and their way of life.

Sponsor Eligibility

You can be sponsored by your brother, sister, parent (or step-equivalent) or you may be sponsored by your relative’s partner (if they live together).

Your sponsor must be aged 18 years of age or older and settled in Australia as one of the following:

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen

You cannot be sponsored by an Australian relative who has either been granted, or previously successfully sponsored someone for, any of the following Visas:

  • 104 Preferential family Visa
  • 115 Remaining relative Visa
  • 806 Family Visa
  • 835 Remaining relative Visa

The partner of your Australian relative cannot act as the sponsor if:

  • your Australian relative was granted or has previously sponsored or nominated a successful applicant for any of the Visas listed above; or
  • your Australian relative’s partner has previously sponsored or nominated a successful applicant for any of the Visas listed above on behalf of your Australian relative

New Zealand citizens who wish to sponsor an applicant must meet health and character requirements.

Change Of Sponsor

If you have applied for a Remaining Relative Visa, you are able to change your sponsor before your application is finally determined.

Before lodging an application, please read all related requirements.

Assurer Of Support

The following may be considered eligible sponsors:

Your child’s partner (aged 18 or over) is eligible to sponsor you if they live with your child and are settled in Australia as one of the following:

  • an Australian citizen
  • an Australian permanent resident
  • eligible New Zealand citizen

A relative or guardian (aged 18 or over) of your child or your child’s partner is eligible to sponsor you if they are settled in Australia as of the following:

  • an Australian citizen
  • an Australian permanent resident
  • eligible New Zealand citizen

A community organization is eligible to sponsor you if they are:

    • able to establish there is a relationship between their organization and your child

prepared to make an official written commitment to support the application (generally a statutory declaration signed by a senior member)

Settled eligible New Zealand citizens who want to sponsor must meet health and character requirements.

Assurer Of Support Eligibility

An Assurance of Support must be provided by the sponsor or another person(s) or an organization.

To be eligible to provide an Assurance of Support the assurer will need to meet all Centrelink eligibility requirements.

Note: It is unlikely that a person could provide an Assurance of Support if they have received the full rate of any pension, benefits or allowances (other than family payments from Centrelink during the past year).

Before lodging an application, please read all related requirements.

If this Visa is granted the following requirements must be met.

Applicant And Family Members

The applicant and any accompanying family members must comply with all Australian laws as permanent residents.

Sponsor

Your sponsor must continue to help the applicant (and their family) settle in Australia by providing:

  • support
  • accommodation
  • financial assistance

For this Visa, the sponsor must comply with these obligations for two (2) years from the date the Visa is granted.

Assurer Of Support

The assurer must:

  • provide financial support to the applicant (and their family) so they do not have to rely on any government forms of support
  • repay the Australian Government for any recoverable social security payments made by Centrelink to the applicant and any others covered by the Assurance of Support
  • pay a refundable bond when the Visa is granted

For this Visa, the Assurer of Support must comply with these obligations for two (2) years from the date the Visa is granted.

Need Clear & Professional Guidance From A Registered Migration Agent?

Here at Active Migration we are here to help you with all your Remaining Relative Onshore Visa 835 needs. Our team of migration agents can provide you with advice and guidance so you can put forth the best application possible for any Visa you are going for.
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